After years of deliberation, a Democrat in the House of Representatives led a successful bipartisan vote on an amendment that would suspend or potentially deny a parent’s homeschooling request if a teacher has reported suspected child abuse.
The the change was modelled on earlier legislation known as “Raylee’s Law”, named after an eight-year-old girl Who died for abuse and neglect in 2018 after her parents took her out of school. Her elementary school teachers had informed child protective services about possible abuse.
The draft law was submitted to Parliament since 2019but was never passed – a plan that was largely led by Del. Shawn Fluharty, Democrat from Ohio.
On Tuesday, Fluharty successfully inserted the amendment into Bill 5180a bill that would have removed certain requirements for home-schooled children. The amendment passed by voice vote.
After a nearly two-hour debate on the amendment, in which opponents largely argued that it was an attack on home schooling, Fluharty held up a immense poster featuring Raylee’s face.
“I want every child who is isolated and a victim of child abuse to know that we are standing up for them,” he said, becoming emotional as he asked for support for his amendment. “Raylee doesn’t have a lobbyist…her only defense mechanism is us.”
The amendment was changed last week – with input from Republicans, including some who homeschool their children – to limit the scope of the impact.
“This is what good government looks like – bipartisan and consensual,” said Fluharty.
School officials could only suspend a parent’s request for homeschooling if a teacher or school personnel in the child’s district has initiated an investigation into child abuse or neglect. “If the complaint is not substantiated within 14 days of commencement, the Superintendent will approve homeschooling,” the amendment states.
Additionally, to prevent communication gaps, the district school board would need to be notified when a teacher or school employee reports a case of child abuse or neglect.
Since there are only eleven Democrats in the House of Representatives, Republican support for the amendment was crucial in getting it to a vote.
Republican Rep. Brandon Steele of Raleigh, whose children are home-schooled, joined the bipartisan effort to change the law, which he said represents a solution that has been years in the making.
“For the first time in six years, I have never seen us work on an issue so publicly and with so much sensitivity and energy,” he said. “I am proud that we have the courage and the strength … to get this up and running and put it to a vote.”
Steele continued: “I will not write a law that [Raylee] back. I’m not going to write a law that will stop parents from going down that evil, ugly path…but I can write a law that will make our system work more closely together to prevent that evil behavior from bringing down a child.”
Lawmakers who opposed the measure – including several who homeschool their children – believed the change in the law was aimed at parents who wanted to take their children out of public school and teach them at home.
“We have narrowed this down to the point where we are focusing on one group of individuals, and those individuals are parents who choose to homeschool their children,” said Republican Rep. Adam Burkhammer of Lewis, adding that the potential 14-day stay of a homeschooling application would make parents who homeschool their children “guilty until proven innocent.”
Del. Kathie Hess Crouse, R-Putnam, added, “I have been involved in the homeschooling community long enough to know that this amendment is being abused.”
Some Republicans expressed concern that teachers would falsely report child abuse in revenge for a family’s decision to homeschool their children.
“I don’t know a single teacher who has the time or the crazy personality to drive around looking for innocent homeschooled children to flippantly report,” Del. Todd Kirby (R-Raleigh) said in response.
Crouse and other Republicans pointed out that Child Services did not adequately investigate reports of abuse at Raylee. They called on lawmakers to “fix” Child Services rather than change the rules governing homeschooling requests.
CPS regularly fails to investigate cases of child abuse and neglect within the required time frame and has problems with sufficient staff in the midst of a Child protection crisis.
According to Fluharty, the legislation would not apply to parents who currently homeschool their children.
Rep. Jonathan Pinson, a Mason Republican whose children are homeschooled, urged lawmakers to vote for the amendment. “If this protects one child, then it’s worth it. I realize it’s a tough vote, but for me, it’s not a tough vote,” he said.
The MPs unanimously passed the bill containing the amendment.
The bill, along with the amendment to Raylee’s Law, will be submitted to the Senate for consideration.
