House members have once again voted against banning parents under investigation for child abuse from homeschooling their children.
The proposal, introduced as an amendment by Del. Mike Pushkin, D-Kanawha, on Monday, was presented to the House. since 2019 but never passed.
“In the meantime, we keep hearing about these horrific incidents that could be prevented if we could actually do something meaningful here to protect these children,” Pushkin told members of the House Education Committee. “If we save one child’s life, it’s worth it.”
The law, “Raylee’s Law,” was 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.
Pushkin referred to Raylee in his amendment when he tried to attach it to Bill 5180which would reduce the demands on parents supervising home schooling.
He also referred to a recent, high-profile case of abuse and neglect in Kanawha County, where children locked in a shedThe parents taught the children at home.
“The reason the children were left at home is so that no one can notice the abuse,” he said.
The amendment, which was rejected by 15 votes to 5, would have prohibited parents or guardians accused of child abuse or convicted of domestic violence from home-schooling their children.
Several Republican lawmakers cited concerns about the rule, including that ongoing child abuse investigations could take months and that children would be forced to attend public school in the meantime.
Committee Chairman Joe Ellington (R-Mercer) said while he supported parts of the amendment, he was concerned about the length of child abuse investigations, including those that resulted in false allegations.
“This could be very easily abused,” he said. “I would say the majority of children abused come from the school system.”
The West Virginia Child Advocacy Centers, which lend a hand abused children, reported an augment in the number of children cared for by 10% in 2023.
Pushkin said he does not believe the huge majority of homeschooling parents commit child abuse or neglect.
Current law already allows school boards to deny homeschooling requests with “good and reasonable cause.” However, lawmakers caution that school boards may not be aware that a parent is accused of child abuse.
Rep. Heather Tully (R-Nicholas) voted against the amendment, but asked the committee chairman to consider one of her measures, House Bill 5530on the agenda. Her bill would require child protection authorities to County school superintendent and local school board chair about an upcoming CPS investigation in the district.
She said that school systems are currently “without the information to make a good decision.”
The bills must be passed from committee to the House of Representatives for debate by February 25.
The committee passed the bill to amend some reporting requirements for homeschooling. The bill would remove the requirement that parents or guardians submit academic evaluations for third, fifth, eighth and eleventh grade students to the district superintendent by June 30.
