Listen to “Raylee’s Law Protects Kids” on Spreaker.
Raylee’s Law is less than a page long. It’s somewhat surprising that such a succinct bill has generated so much controversy.
House Bill 5669 — named after Raylee Browning — would prohibit a county school board from approving home instruction for a currently enrolled public-school student if there is a pending child abuse or neglect investigation involving the child’s custodial parent, guardian, or proposed instructor. But the restriction applies only when that investigation was initiated by school personnel under mandatory reporting laws.
Under the bill, the county superintendent must be notified when such a report is filed and confirm within 48 hours whether an investigation has been opened. If so, home instruction is paused during the investigation. If the complaint is not substantiated within seven calendar days — and no other eligibility issues exist — the student must be permitted to begin home instruction.
A similar bill in the Senate failed to clear committee and prompted a discharge motion from Sen. Joey Garcia on the floor Monday. That effort failed.
The proposal has become a flashpoint for a few homeschool advocates, who argue it represents government overreach and an attack on school choice.
But that claim weakens under scrutiny, particularly when considering what the bill does not do.
The legislation applies only when an investigation is triggered by school personnel under mandatory reporting requirements. Reports from any other source would not prevent a student from homeschooling.
Truancy is not a trigger in the bill.
And if parents have already notified school officials of their intent to withdraw their child for homeschooling, private, or parochial education, a subsequent report would not activate the restriction.
Additionally, the House version requires that any such report be substantiated within seven days. If it is not, the student must be allowed to begin home instruction or transfer schools.
Still, critics remain concerned.
“This bill has gross overreach on parental choice and the decisions that parents have on the direction of the education of their children,” said Roy Ramey of the West Virginia Home Educators Association during a House Education meeting Monday.
Ramey raised concerns about families seeking to escape bullying, curriculum disputes, or conflicts with school personnel. He argued the decision to homeschool is deliberate and thoughtful — not made “willy nilly.” He warned of the possibility that school personnel could file preemptive reports as a means to stop the transfer to homeschool if they suspect a family intends to withdraw a child.
Ramey noted he wasn’t casting accusations against school personnel but was instead pointing out potential downfalls of the law.
Another hypothetical raised in committee discussion: what if the reporting teacher is the one abusing the child and uses the report to prevent the student from leaving?
Sen. Amy Nichole Grady, a public-school teacher and supporter of the bill, said on Talkline Tuesday the bill would not apply if parents are removing a student due to suspected abuse by school personnel.
Mandatory reporters filing a false claim is a misdemeanor under West Virginia law
Ultimately, this debate comes down to balancing parental rights with child protection.
Homeschooling is a lawful and valuable educational option in West Virginia. Nothing in this bill eliminates that right. Instead, Raylee’s Law narrowly addresses a specific concern: preventing a parent or guardian who is under investigation for abuse from removing a child from public view during that investigation. A means to ensure any parent under legitimate suspicion may not slip into the night.
The bill is targeted, time-limited, and tied directly to existing mandatory reporting laws. It does not apply broadly but is instead surgical in application. And it includes a clear, short window for resolution.
Reasonable people can debate its merits. But it’s not a sweeping attack on homeschooling as some would have people believe. It’s a narrowly tailored child-protection measure that holds with common sense.
Confusing possibility with probability – the idea that a teacher might use the law for a nefarious purpose compared to the odds of that happening – is not reasonable justification to kill the bill, especially with the safeguard Grady noted.
Del. Shawn Fluharty, an architect of the legislation, says the bill will receive an up or down vote in the House. Good.
Senate leadership should ensure the same if the bill passes the House. Lawmakers on both ends of the Capitol shouldn’t hesitate to pass it and Governor Morrisey should eagerly sign it.
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