After the Republican-led state legislature rolled back homeschooling reporting requirements, state lawmakers could ask public schools to tighten their inspections of homeschooling families who have failed to comply with the rules.
“…If there are people trying to pull children out of the public school system, why should the burden be put back on the [the schools]?” asked Paul Hardesty, chairman of the state Board of Education.
The focus on homeschooling regulations follows the Death of 14-year-old Kyneddi Miller, who was found in her Boone County home in April in a bone-diseased condition.
Her Mother And Grandparents were charged with child neglect in connection with her death.
The girl has been homeschooled since 2021, according to to the school recordsbut her mother had not submitted all assessments required by state law to track student progress.
While the Child Protective Services Agency and the West Virginia State Police were aware of the Kyneddi before her death – and both are tightening their reporting systems for abuse and neglect – Governor Jim Justice, his administration and some lawmakers have pointed out Homeschooling mandates for students and local school districts as a way to potentially prevent future tragedies involving children.
The Republican-led legislature has rolled back homeschooling requirements as part of a wave of school choice legislation. Although no bills have been drafted yet, school districts could be tasked with tracking homeschoolers who have failed to comply with state reporting requirements.
“The legislature has been making a continuous effort to remove the requirements related to homeschooling. I think it’s time for all parties to come back together, sit down at the table and find something that works,” Hardesty said. “This poor child is clear evidence that what we are currently doing is not working.”
Monongalia Republican Delegate Joe Statler, vice chairman of the House Education Committee, sponsored a bill aimed at rolling back home-schooling regulations.
At the beginning of the year he voted yes for sentThis would have abolished the obligation to assess home schooling under current law.
“I think there is enough blame for everyone, including us,” he said. “How do we find the responsibility we lack in the face of this situation? … Something that will trigger and prevent situations like this from happening.”
Homeschool parents are required To Students can submit 3rd, 5th, 8th, and 11th grade evaluations to their county school board. This is one of their ways to maintain contact with the local school district.
State law does not require public school officials to follow up with homeschooling families who have not reported a child’s progress.
Lawmakers roll back homeschooling regulations in 2016
West Virginia’s homeschooling regulations were relaxed in 2016 when Governor Earl Ray Tomblinsigned the so-called “Homeschool Modernization Act”. Homeschool advocates said The legislation “rolled back burdensome regulations for homeschooling families.”
The Republican-sponsored The invoicewhich made a number of changes to the Home Schooling Act, eliminating the requirement that parents submit annual assessments of their children’s progress.
“There were too many restrictions on homeschoolers, so we kept trying to find a balance,” said Statler, who co-signed the bill. He expected lawmakers to reconsider legislation in 2025 that would eliminate some of the current homeschool reporting requirements.
Former Senator Mike Romano, Democrat from Harrison, tried change the 2016 bill requiring annual evaluations of homeschooled students. While pushing for his amendment in the Senatehe said they had to worry about abuse and neglect.
Speaking to West Virginia Watch, Romano recalled, “My position has always been that kids shouldn’t lose touch with their local school system. Without checks and balances, you won’t know who the good homeschooling parents are and who aren’t.”
“There weren’t many facts on the other side,” he added.
In response to his rejected amendment, Senator Robert Karnes (R-Randolph) said that home schooling is one of the most effective methods of education in a state with indigent public school performance.
“The vast majority of states have no reporting requirements whatsoever… This is a bureaucratic burden that is being imposed on homeschoolers,” Karnes said. “We need to fix our public school system.”
Hardesty, a former congressman, said 2016 was “basically [took] lift these arrangements and restrictions with respect to home schooling.”
“Maybe they went too far. You know, from one extreme to the other,” he said.
Delegate Elliott Pritt, R-Fayette, is a public school teacher in the district he represents.
Schools should not be blamed for Kyneddi’s death, Pritt said, but added that his district would welcome legislation that would allow district school principals to respond more harshly to homeschooled students who do not follow state laws.
School officials have said that taking legal action against a family would be a significant legal burden and that there are loopholes that allow parents to avoid submitting required assessments.
“This is not a question of school choice, it is a question of accountability,” he said. “We have tied the hands of our public school system.”
Pritt said additional staff may be needed to strengthen accountability.
A hopefully cooperative approach for the future
Hardesty, who noted that school staff are “overworked,” expressed hope that lawmakers will invite school staff and education officials to provide their input on the bill.
Democrats in the House of Representatives have met with employees of their local schools.on the adequacy of current assessments for home-schooled students and the enforcement of current truancy laws to protect children,” a press release said.
“We need to work with local school boards to ensure they have the resources and information necessary to protect children whose parents are not complying with homeschooling regulations,” said Del. Joey Garcia, D-Marion. “We know that most homeschooling parents are doing the right thing for their children, but we need to close loopholes in the law and empower local school boards to step in where the law is not being followed so that children are not abused or falling through the cracks.”
Democrat Shawn Fluharty of Ohio will continue to support a law called “Raylee’s Law,” which would have suspended or potentially denied a parent’s request for home schooling if a teacher reported suspected child abuse. The language was added in an amendment to a bill regulating home schooling that the House of Representatives passed At the beginning of the year, the proposal was not taken up in the Senate.
“Raylee’s guardians and Kyneddi’s family took these girls out of public school, out of places where these girls could be seen and heard, and now they are no longer here to tell their stories,” Fluharty said.
Republican lawmakers who are homeschoolers and advocates for the cause have already opposed any changes to West Virginia’s homeschooling regulations.
“It is completely inappropriate and unacceptable to attribute this tragic death to homeschooling, “This unfairly denigrates thousands of West Virginia families who are educating their children responsibly and effectively,” wrote Sen. Patricia Rucker (R-Jefferson) in an opinion piece.
She added that she wants to focus on legislation that addresses the state’s overburdened CPS workforce during the Crisis in the foster family.
Republican Delegate Kathie Hess Crouse of Putnam wrote in a separate opinion piece: “…This administration is spreading false rumors about homeschooling…Instead of passing new homeschooling laws, we should be looking at fundamental reform of our child welfare system.”
Justice had previously said he might call a special session so lawmakers could take a closer look at homeschooling regulations.
Pritt said he is meeting with local homeschooling families to find a compromise.
“I’ll ask them, ‘Where are you willing to meet? Where are you willing to do these things, and don’t you find that too burdensome?'” he said. “Just as we should hold bad teachers accountable, we should also hold parents accountable who don’t do their jobs.”
