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West VirginiaHB 21642025 Regular SessionHouseWALLET

To allow for public and private schools in West Virginia to employ security personnel.

Sponsored By: Joe Statler (Republican)

Signed by Governor

§15-2D-3§18-5-52§18-5-53§18-5-54§61-7-11a

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 1 costs, 6 mixed.

Private schools can allow weapons

Private primary and secondary schools can adopt written policies allowing firearms or other deadly weapons in their buildings or grounds. Possession allowed by such a policy is not unlawful under this school-weapons provision. This exception does not apply to private schools without an authorizing written policy.

Private school guards face screening requirements

Private-firm school guards must be U.S. and West Virginia citizens, have a high school diploma or equivalent, and pass concealed-carry requirements. Required training covers professional standards, firearms, less-lethal force, crisis de-escalation, emergencies, bomb threats, disability awareness, and CPR; weapons proficiency training repeats annually. Physical, vision, psychiatric, and drug screening must occur within one year before starting a contract and again when starting a new contract after extensions expire. Contractors pay professional-standards training costs, and firms pay fitness-exam costs; schools may add written or polygraph exams. Credible evidence of illegal drug use within five years or disqualifying crimes bars service, including domestic violence, DUI, child abuse, and specified drug offenses.

School detentions come with student safeguards

School safety officers cannot arrest people, but may reasonably detain someone committing an act that breaches the peace. Detention must end once no breach is found or a certified law-enforcement officer takes custody, as applicable. Officers generally cannot question a detained minor without a parent's knowledge and consent. An exception allows questions limited to an immediate danger when the questions are likely to reduce or end it. A parent or guardian must be notified when the detained person is a student under age 21.

School officers face armed service requirements

School safety officers can carry firearms on duty only with school permission and written approval from the state protective-services director. They need at least 10 total years of qualifying law-enforcement service or similar duties within the 10 years before hiring. They must have left service in good standing and maintain the required federal status for honorably separated or qualified retired officers. Officers must keep required state training and certification and pay for a background check confirming they can legally possess, buy, and transport firearms. Officers hired under this section are also subject to the stated federal Law Enforcement Officers Safety Act requirements.

Retired officers can become school Guardians

County boards may use available county money to hire retired officers as independent school Guardians; participation creates no state funding duty. Eligible retirees include state troopers, deputy sheriffs, municipal police, natural resources police, state fire marshals, and federal law-enforcement officers. Applicants need U.S. and West Virginia citizenship, a diploma or equivalent, concealed-carry eligibility, and up-to-date state obligations, including taxes. They must complete professional-standards, crisis, emergency, disability-related, and CPR training, plus annual firearms and less-lethal training. Fitness exams and drug screening are required within one year before a contract starts and again for a new contract after extensions expire, at contractor expense. Credible evidence of illegal drug use within five years or disqualifying crimes bars service; counties may add requirements. A permit costs a nonrefundable $50 in each county served, and the sheriff may reasonably deny certification; certification does not guarantee work. Guardians may carry weapons but cannot arrest people, must wear identifying clothing, and gain no state employee status or benefits. Boards must maintain permitted insurance and may require contractor-paid liability insurance. Permit fees go into an interest-bearing fund for permit costs; year-end surplus may support other law enforcement or sheriff operations.

School officers train yearly with sheriffs

School safety officers must train every year with the sheriff's department in the county where they work. State-approved standards govern their training and certification. Training may cover law, liability, school security, de-escalation, emergencies, student development, and working with students with specific needs. A law-enforcement officer employed as a school safety officer can receive credit for 8 of the required 16 in-service training hours.

Schools gain private security contracting options

School boards, public charter schools, and private or religious schools can hire licensed security firms current on state obligations, including taxes. Firm employees are not law enforcement, cannot arrest people, and may carry weapons only after meeting the school-security requirements. Schools must maintain permitted insurance for liability, property loss, and injuries, and may require firm-paid liability insurance. County boards and public charter schools are exempt from specified state purchasing rules for these contracts. The work does not make firm employees school employees or give them state-sponsored benefits, including public employee insurance, workers' compensation, or additional state retirement credit.

Schools gain security options and costs

West Virginia school boards, public charter schools, and private or religious schools can hire safety officers or contract for security. Schools employing officers must provide needed equipment and maintain insurance for liability, property loss, and injuries involving students or staff. The law sets no required staffing level, equipment cost limit, or insurance amount. School boards and public charter schools must cooperate with the state's School Safety Unit, including sharing facility safety information, as much as practicable. Private and religious schools may cooperate but are not required to.

Sponsors & Cosponsors

Sponsor

  • Joe Statler

    Republican • House

Cosponsors

  • David Cannon

    Republican • House

  • Joe Ellington

    Republican • House

  • Joe Funkhouser

    Republican • House

  • Scot C. Heckert

    Republican • House

  • Josh Holstein

    Republican • House

  • Michael Hornby

    Republican • House

  • Jonathan Pinson

    Republican • House

  • Pritt

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 256 • No: 0

Senate vote • 4/12/2025

Senate concurred in House amendments and passed bill (Roll No. 585)

Yes: 33 • No: 0

House vote • 4/12/2025

House concurred in Senate amend with title amend, passed (Roll No. 563)

Yes: 96 • No: 0

Senate vote • 4/11/2025

Passed Senate with amended title (Roll No. 514)

Yes: 34 • No: 0

House vote • 3/13/2025

Passed House (Roll No. 82)

Yes: 93 • No: 0

Actions Timeline

  1. Chapter 94, Acts, Regular Session, 2025

    7/30/2025House

  2. Approved by Governor 4/29/2025

    4/29/2025House

  3. To Governor 4/22/2025

    4/22/2025House

  4. House received Senate message

    4/12/2025House

  5. House concurred in Senate amend with title amend, passed (Roll No. 563)

    4/12/2025House

  6. Communicated to Senate

    4/12/2025House

  7. House Message received

    4/12/2025Senate

  8. Senate concurred in House amendments and passed bill (Roll No. 585)

    4/12/2025Senate

  9. Communicated to House

    4/12/2025Senate

  10. Completed legislative action

    4/12/2025Senate

  11. To Governor 4/22/2025 - House Journal

    4/12/2025House

  12. To Governor 4/22/2025 - Senate Journal

    4/12/2025Senate

  13. Approved by Governor 4/29/2025 - Senate Journal

    4/12/2025Senate

  14. Approved by Governor 4/29/2025 - House Journal

    4/12/2025House

  15. Deferred until foot of 3rd reading

    4/11/2025Senate

  16. Read 3rd time

    4/11/2025Senate

  17. Passed Senate with amended title (Roll No. 514)

    4/11/2025Senate

  18. Senate requests House to concur

    4/11/2025Senate

  19. On 3rd reading

    4/10/2025Senate

  20. Laid over on 3rd reading 4/10/2025

    4/10/2025Senate

  21. Read 2nd time

    4/9/2025Senate

  22. Committee Amendment Reported

    4/9/2025Senate

  23. Amendment to committee amendment adopted (Voice vote)

    4/9/2025Senate

  24. Committee amendment as amended adopted (Voice vote)

    4/9/2025Senate

  25. On 2nd reading

    4/8/2025Senate

Bill Text

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