West Virginia 2025 Regular Session Status: Passed Senate 5 R cosponsors

SB 450 — Establishing WV Guardian Program

Last action — To Education then Finance

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

154 added · 155 removed

Plain-language change summary

The updated version of SB 450 now specifically allows county boards of education to hire independent contractors, referred to as West Virginia guardians, with specific backgrounds in law enforcement for safety and security services on school grounds. It clarifies the application process for these contractors, mandates a permit from the county sheriff, and outlines the conditions under which they can be hired, emphasizing that participation is voluntary for county boards and contingent upon available funding. These changes aim to enhance school safety while ensuring that contractors meet certain qualifications before being hired.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced FISCAL Senate Bill 450 NOTE By Senator Tarr [Introduced February 13, 2025;
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for Senate Bill 450 B YSENATORS TARR, GRADY,ANDH AMILTON [Reported February 25, 2025, from the Committee on Education] CS for SB 450 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-52, relating to allowing county boards of education to contract with an independent contractor, known as a West Virginia guardian, who is a former state trooper, former deputy sheriff, former state fire marshal, former Department of Natural Resources police officer, former municipal police officer, or former federal law-enforcement officer to provide to provide public safety and/or security on school grounds to protect life and property;
referred to the Committee on Education;
specifying the authority of independent contractors participating in the program and an apparel requirement;
and then to the Committee on Finance] Intr.
requiring the West Virginia guardian to apply for a permit from the county sheriff of the county in which the guardian will provide services;
SB 450 2025R2859 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §18-5-52, relating to safety in public schools;
mandating the county sheriff to require an applicant to provide proof of meeting certain requirements;
creating the West Virginia Guardian Program;
allowing county board to impose additional requirements;
setting out purpose of the program;
requiring permit application fee to be deposited into a guardian program fund;
allowing county school boards to contract for participation in the program;
stating that meeting all of certain requirements does not guarantee a contract will be extended to the applicant;
defining terms;
specifying instances in which an independent contractor is precluded from participation as a West Virginia guardian;
setting out the authority of independent contractors participating in the program;
addressing civil and criminal liability;
providing requirements for participation;
exempting West Virginia guardian contract from certain purchasing requirements;
providing exclusions from participation;
clarifying that county board participation is voluntary and subject to the availability of county funds;
setting forth a limitation of liability;
providing exemptions from purchasing requirements;
— County boards of education may contract with an independent contractor who is a former state trooper, former deputy sheriff, former state fire marshal, former Department of Natural Resources police officer, former municipal police officer, or former federal law- enforcement officer to provide West Virginia Guardian services as that term is defined in this section.
— County boards of education may contract with an independent contractor who is a former state trooper, former deputy sheriff, former state fire marshal, former Department of Natural Resources police officer, former municipal police officer, or former federal law- enforcement officer to provide West Virginia guardian services as that term is defined in this section.
The purpose of the contract is to provide public safety and/or security on public school grounds and buildings.
The purpose of the contract is to provide public safety and/or security on public school CS for SB 450 grounds and buildings.
Any county board of education may contract with as many independent contractors as the county school board considers necessary.
Any county board may contract with as many independent contractors as the board considers necessary.
"Contract" means an agreement between a county board of education and an independent contractor who has been certified by the county sheriff relating to the procurement of public safety or security services.
"Contract" means an agreement between a county board and an independent contractor who has been certified by the county sheriff relating to the procurement of public safety or security services.
"County school board" means the same as that term is used in §18-5-1 et seq.
"County board" means the same as that term is defined in §18-1-1 of this code and used in §18-5-1 et seq.
"Independent contractor" means the same as that term is used in §21-5I-4.
of this code.
"Public safety or security" means the protection of students, faculty, and staff of a public 1 Intr.
"Independent contractor" means the same as that term is used in §21-5I-4 of this code.
SB 450 2025R2859 school from violence, exposure to weapons, and threats on school grounds.
"Public safety or security" means the protection of students, faculty, and staff of a public school from violence, exposure to weapons, and threats on school grounds.
"Former deputy sheriff" means the same as that term is used in §7-14C-1, but who has retired from service.
"Former deputy sheriff" means the same as that term is used in §7-14C-1 of this code, but who has retired from service.
"Former municipal police officer" means the same as that term is used in §8-22A-2, but who is retired from service.
"Former municipal police officer" means the same as that term is used in §8-22A-2 of this code, but who is retired from service.
"Former natural resources police officer" means the same as that term is used in §20-18-2, but who is retired from service.
"Former natural resources police officer" means the same as that term is used in §20-18- 2 of this code, but who is retired from service.
"Former state fire marshal" means the same as that term is used in §15A-10-1et seq., but who is retired from service.
"Former state fire marshal" means the same as that term is used in §15A-10-1 et seq.
"Former state trooper" means a state police officer employed pursuant to the provisions of §15-2-1 et seq., and who has retired pursuant to the provisions of §15-2-27.
of this code, but who is retired from service.
"Former federal law-enforcement officer" means a federal law-enforcement officer employed pursuant to the provisions of §15-10-5(b), who was classified as an 1811 Investigator, and who has retired from service.
"Former state trooper" means a state police officer employed pursuant to the provisions of §15-2-1 et seq.
"West Virginia Guardian" means an independent contractor certified by the county sheriff as meeting the qualifications set forth in this section and who is under contract to a county school board for the purposes of providing public safety and/or security on school grounds.
of this code, and who has retired pursuant to the provisions of §15-2-27 of this code.
"Former federal law-enforcement officer" means a federal law-enforcement officer employed pursuant to the provisions of §15-10-5(b) of this code, who was classified as an 1811 Investigator, and who has retired from service.
CS for SB 450 "West Virginia guardian" means an independent contractor certified by the county sheriff as meeting the qualifications set forth in this section and who is under contract to a county board for the purposes of providing public safety and/or security on school grounds.
A West Virginia Guardian is considered an authorized individual for purposes of the Gun-Free School Zones Act of 1990, 18 U.S.C.
A West Virginia guardian is considered an authorized individual for purposes of the Gun-Free School Zones Act of 1990, 18 U.S.C.
— Notwithstanding the provisions of §61-7-11a or any applicable rule, an independent contractor acting as a West Virginia Guardian may carry weapons upon meeting all the requirements of this section.
— Notwithstanding the provisions of §61-7-11a of this code or any applicable rule, an independent contractor acting as a West Virginia guardian may carry weapons upon meeting all the requirements of this section.
A West Virginia Guardian is not law enforcement and has no authority to arrest.
A West Virginia guardian is not law enforcement and has no authority to arrest.
They are to provide public safety and/or security to protect life and property as 2 Intr.
They are to provide public safety and/or security to protect life and property as set forth in this section.
SB 450 2025R2859 set forth in this section.
Guardians shall wear apparel that makes them readily identifiable as a guardian while performing the duties as set forth in in this section.
Guardians must wear apparel that makes them readily identifiable as a Guardian while performing the duties as set forth in in this section.
— Prior to entering into a contract with a West Virginia Guardian, the Guardian shall apply for a permit from the county sheriff of the county in which the Guardian will provide services to the county school board and, at that time, pay a fee of $50.
— Prior to entering into a contract with a West Virginia guardian, the guardian shall apply for a permit from the county sheriff of the county in which the guardian will provide services to the county board and, at that time, pay a fee of $50.
(2) Has received a high school diploma or a General Educational Development diploma known as a GED;
(2) Has received a high school diploma or a high school equivalency diploma;
(3) Has met and passed all the requirements for a concealed carry permit as set forth in §61-7-4;
(3) Has met and passed all the requirements for a concealed carry permit as set forth in §61-7-4 of this code;
(A) The Law Enforcement Professional Standards program.
(A) The Law-Enforcement Professional Standards program.
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(B) A fitness for duty examination that shall include a physical examination, vision examination, psychiatric examination, and a pre-employment drug screen within one year of beginning a contract with a board of education and upon initiating a new contract following the expiration of all contract extension options.
CS for SB 450 (B) A fitness for duty examination which shall include a physical examination, vision examination, psychiatric examination, and a pre-employment drug screen within one year of beginning a contract with a county board and upon initiating a new contract following the expiration of all contract extension options.
To maintain firearm proficiency, the independent contractor must complete yearly training in firearm and less than lethal use of force course;
To maintain firearm proficiency, the independent contractor shall complete yearly training in firearm and less than lethal use of force course;
(5) Is retired from his or her employment as a state trooper, a deputy sheriff, a municipal 3 Intr.
(5) Is retired from his or her employment as a state trooper, a deputy sheriff, a municipal officer, a former Department of Natural Resources police officer, a former state fire marshal, or federal law enforcement;
SB 450 2025R2859 officer, a former Department of Natural Resources police officer, a former State Fire Marshal, or federal law enforcement;
(7) Any other requirements imposed by the county school board which may include, but are not limited to, a pre-employment written examination and a pre-employment polygraph exam.
and (7) Any other requirements imposed by the county board which may include, but are not limited to, a pre-employment written examination and a pre-employment polygraph exam.
A county school board may also require an independent contractor to carry appropriate liability insurance at his or her expense.
A county board may also require an independent contractor to carry appropriate liability insurance at his or her expense.
(8) The permit application fee received by the sheriff shall be deposited by the sheriff into a guardian program fund.
The permit application fee received by the sheriff shall be deposited by the sheriff into a guardian program fund.
Any funds deposited in this fund are to be expended by the sheriff to pay the costs associated with issuing Guardian permits.
Any funds deposited in this fund are to be expended by the sheriff to pay the costs associated with issuing guardian permits.
(9) Meeting all of the requirements as set forth in this subsection does not guarantee a contract will be extended to the applicant.
CS for SB 450 Meeting all of the requirements as set forth in this subsection does not guarantee a contract will be extended to the applicant.
The county sheriff may, in his or her reasonable judgment, decline to certify to a county school board a person as eligible for participation as a guardian.
The county sheriff may, in his or her reasonable judgment, decline to certify to a county board a person as eligible for participation as a guardian.
— Any of the following shall preclude an independent contractor from participation as a West Virginia Guardian:
— Any of the following shall preclude an independent contractor from participation as a West Virginia guardian:
(1) Having not retired from service to the State of West Virginia as a state trooper, a municipal police officer, a Department of Natural Resources police officer, a former State Fire Marshal, or a deputy sheriff;
(1) Having not retired from either service to the state of West Virginia as a state trooper, a municipal police officer, a Department of Natural Resources police officer, a former state fire marshal, or a deputy sheriff or service as a federal law-enforcement officer;
(2) Having not retired from service as a federal law-enforcement officer;
(2) There is credible evidence of illegal drug use by the independent contractor in the preceding five-year period;
(3) There is credible evidence of illegal drug use by the independent contractor in the preceding five-year period;
or (3) A disqualifying criminal offense.
4 Intr.
SB 450 2025R2859 (4) A disqualifying criminal offense.
(A) Domestic violence as set forth in §61-2-28;
(A) Domestic violence as set forth in §61-2-28 of this code;
(B) Driving under the influence as set forth in §17C-5-2;
(B) Driving under the influence as set forth in §17C-5-2 of this code;
(C) Child abuse as set forth in §61-8D-1 et seq.;
(C) Child abuse as set forth in §61-8D-1 et seq.
(D) Unlawful manufacture, delivery, or possession with intent to deliver any controlled substance as set forth in §60A-4-1 et seq.;
of this code;
(E) Any other misdemeanor or felony conviction deemed exclusionary for contracting with the independent contractor by the county school board.
(D) Unlawful manufacture, delivery, or possession with intent to deliver any controlled substance as set forth in §60A-4-1 et seq.
of this code;
and (E) Any other misdemeanor or felony conviction deemed exclusionary for contracting with the independent contractor by the county board.
— (1) A county school board may not be held civilly liable or be criminally prosecuted for any action of a West Virginia Guardian acting within the scope of the duties for which their services were contracted unless the county school board can be shown to be grossly negligent or committed willful misconduct.
— (1) A county board may not be held civilly liable or be criminally prosecuted for any action of a West Virginia guardian acting within the scope of the duties for which their services were contracted unless the county board can be shown to be grossly negligent or committed willful misconduct.
(2) A West Virginia Guardian acting within the scope of the duties for which their services were contracted may not be held civilly liable or be criminally prosecuted unless the action can be shown to be for a malicious purpose, in bad faith, grossly negligent or the committed by willful misconduct.
(2) A West Virginia guardian acting within the scope of the duties for which their services were contracted may not be held civilly liable or be criminally prosecuted unless the action can CS for SB 450 be shown to be for a malicious purpose, in bad faith, grossly negligent, or committed by willful misconduct.
(3) Monetary damages awarded that arise from the same cause of action, transaction or occurrence, or series of transactions or occurrences shall not exceed $1,000,000 in favor of any one person and shall not exceed $3,000,000 in the aggregate.
(3) Monetary damages awarded that arise from the same cause of action, transaction, or occurrence, or series of transactions or occurrences, shall not exceed $1,000,000 in favor of any one person and shall not exceed $3,000,000 in the aggregate.
— (1) In contracting for the services set forth in this section, county school boards may not be subject to purchasing requirements set forth in §5A-3-1 et seq.
— (1) In contracting for the services set forth in this section, county boards may not be subject to purchasing requirements set forth in §5A-3-1 et seq.
(2) Nothing in this section requires a county board of education to enter into a contract for guardian services.
of this code.
Participation by a county board of education is voluntary and subject to the availability of county funds.
(2) Nothing in this section requires a county board to enter into a contract for guardian services.
Any county board of education that opts to participate shall do so at its 5 Intr.
Participation by a county board is voluntary and subject to the availability of county funds.
SB 450 2025R2859 own expense and any additional funds provided by county entities or private donations.
Any county board that opts to participate shall do so at its own expense and any additional funds provided by county entities or private donations.
(3) As an independent contractor, a West Virginia Guardian is not eligible for participation in the public employee insurance plan, workers' compensation, additional state retirement credited to employment as a West Virginia Guardian, or any other state-sponsored or -offered state benefit plan.
(3) As an independent contractor, a West Virginia guardian is not eligible for participation in the public employee insurance plan, workers' compensation, additional state retirement credited to employment as a West Virginia guardian, or any other state-sponsored or -offered state benefit plan.
NOTE:
The purpose of this bill is to establish the West Virginia Guardian Act.
The bill allows the county school boards to contract for participation in the program.
The bill defines terms.
The bill sets out the authority of independent contractors participating in the program.
The bill provides requirements for participation.
The bill provides exclusions from participation.
The bill sets forth a limitation of liability.
The bill provides exemptions from purchasing requirements.
Finally, the bill provides for exclusions from state benefit programs.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To Education then Finance

  2. To House Education

  3. Introduced in House

  4. House received Senate message

  5. Ordered to House

  6. Effective from passage (Roll No. 139)

  7. Passed Senate (Roll No. 138)

  8. Read 3rd time

  9. On 3rd reading

  10. Read 2nd time

  11. Laid over on 2nd reading 3/18/2025

  12. On 2nd reading

  13. Read 1st time

  14. On 1st reading

  15. Reported do pass

  16. To Finance

  17. Committee substitute reported, but first to Finance

  18. To Education

  19. Introduced in Senate

  20. To Education then Finance

  21. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 146 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 29000
Unaffiliated 3000
Democrat 2000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
STUART — Yea
BOLEY — Yea
MR PRESIDENT — Yea
Joey Garcia Democrat Yea
Mike Woelfel Democrat Yea
Amy Grady Republican Yea
Anne B. Charnock Republican Yea
Ben Queen Republican Yea
Bill Hamilton Republican Yea
Brian Helton Republican Yea
Charles H. Clements Republican Yea
Chris Rose Republican Yea
Craig A. Hart Republican Yea
Darren Thorne Republican Yea
Eric Tarr Republican Yea
Glenn Jeffries Republican Yea
Jack Woodrum Republican Yea
Jason Barrett Republican Yea
Jay Taylor Republican Yea
Laura Wakim Chapman Republican Yea
Mark R. Maynard Republican Yea
Mike Azinger Republican Yea
Mike Oliverio Republican Yea
Patricia Rucker Republican Yea
Patrick Martin Republican Yea
Robbie Morris Republican Yea
Rollan A. Roberts Republican Yea
Rupie Phillips Republican Yea
Ryan Weld Republican Yea
Scott Fuller Republican Yea
T. Kevan Bartlett Republican Yea
Tom Takubo Republican Yea
Tom Willis Republican Yea
Vince Deeds Republican Yea

Official roll call →

Subjects

education
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Frequently asked questions

Who sponsors SB 450?
SB 450 is sponsored by Eric Tarr (Republican), Amy Grady (Republican), Willis, Laura Wakim Chapman (Republican), Vince Deeds (Republican), and Bill Hamilton (Republican).
What is the current status of SB 450?
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 450?
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