HB 5180 — Removing requirements to submit certain evidence on behalf of home schooled children
Last action — To Education
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House of Delegates. Introduced January 25, 2024. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Odds of enactment
Moderate chanceBased on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Passed House of Delegates
Current position in the legislative process.
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7 sponsors
1 primary, 6 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (6 R).
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
1 added · 1 removedPlain-language change summary
The recent changes to HB 5180 involve two main amendments. First, an exemption that was in place has been removed for the 2024 Regular Session of the West Virginia Legislature, meaning that specific regulations will remain in effect without allowance for exemptions this coming session. Additionally, the bill now prohibits county boards from allowing home instruction for public school students if there is an ongoing child abuse or neglect investigation involving their home environment; this adds a layer of protection for students while detailing a process for school superintendents to follow in these cases. These changes aim to ensure student safety and clarify the responsibilities of educational authorities when facing such serious concerns.
HB5180 HFA FluhartyFoster et2-21 al#1Kidd 2-234753 Delegate revisedFoster amendedmoved andto reformedAltizeramend -the 3259 bill Delegateson Fluharty,page Kirby,5, Winzenreid,line Steele,109, Hansen,by Hamilton,striking Hansen,out Hornbuckle,the Garcia,entirety Griffith,of Lewis,subsection Pushkin,(g) Rowe, Young and Williamsreplacing moveit towith amend Com Sub for HB5180 on page 1, Section 1, line 20, following the wordfollowing:"(g) "code"Exemption byremoved strikingduring out the period,2024 insertingRegular aSession colonof and the followingWest proviso:Virginia Legislature." AdoptedRejected
"Provided, That the county board may not authorize a currently enrolled public school student to be instructed in the home if there is a pending child abuse or neglect investigation pursuant to §49-2-801 et seq.
of this code, against a custodial parent or guardian with whom the child resides, or a person instructing the child, that is initiated by a schoolteacher or other school personnel within the child's school district pursuant to the mandatory reporting requirements of §49-2-803 of this code.
The county superintendent shall develop and institute a policy, to ensure the county superintendent is contacted when a report of suspect abuse and neglect is made by a school teacher or other school personnel pursuant to the provisions of §49-2-803.
Upon determination by the county superintendent that an investigation has been initiated, the superintendent shall request confirmation of case status from the Department of Human Services, which shall provide confirmation within 48 hours of receipt of the request.
Unless another eligibility requirement prevents approval, if the complaint is not substantiated within 14 days of initiation, the superintendent shall authorize home instruction."
View plain text versions (6)
- hb5180 hfa foster 2-21 _1 adopted.htm View text Current html
- Amended hb5180 hfa fluharty et al 2-23 revised amended and reformed adopted.htm html
- Amended hb5180 hfa fluharty et al 2-23 rev amended _ ref adopted.htm html
- Committee Substitute Engrossed Committee Substitute pdf
- Committee Substitute View text pdf
- Introduced Introduced Version pdf
Action History
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To Education
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To Education
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Introduced in Senate
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Communicated to Senate
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Title amendment adopted (Voice vote)
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Passed House (Roll No. 325)
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Read 3rd time
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Amendment adopted (Voice vote)
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Amendment adopted (Voice vote)
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Amendment reported by the Clerk
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Amendment withdrawn (Voice vote)
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Amendment reported by the Clerk
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From House Calendar, 3rd reading, placed on Special Calendar
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On 3rd reading, House Calendar
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Placed on House Calendar
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On 3rd reading, Special Calendar
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Postponed on 3rd reading, Special Calendar, until 2/26/2024
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On 3rd reading, Special Calendar
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On 3rd reading with amendments peding and right to amend, Special Calendar
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Amendment reported by the Clerk
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Amendment adopted (Voice vote)
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Amendment reported by the Clerk
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Read 2nd time
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On 2nd reading, Special Calendar
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Read 1st time
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On 1st reading, Special Calendar
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By substitute, do pass
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To House Education
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Introduced in House
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To Education
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Filed for introduction
Sponsors
- Adam Burkhammer · Cosponsor
- Michael Hornby · Cosponsor
- Smith · Cosponsor
- Mickey Petitto · Cosponsor
- Patrick Lucas · Cosponsor
- Kathie Hess Crouse · Primary
- Stanley Adkins · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 145 not signed on
Sponsors (1)
- Kathie Hess Crouse Republican
Co-sponsors (6)
- Adam Burkhammer Republican
- Michael Hornby Republican
- Smith
- Mickey Petitto Republican
- Patrick Lucas Republican
- Stanley Adkins Republican
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 65 | 0 | 0 | 1 |
| Unaffiliated | 26 | 0 | 0 | 0 |
| Democrat | 8 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Ross | — | Yea |
| Rowe | — | Yea |
| Kirby | — | Yea |
| Forsht | — | Yea |
| Kump | — | Yea |
| Foster | — | Yea |
| Smith | — | Yea |
| Linville | — | Yea |
| Longanacre | — | Yea |
| Steele | — | Yea |
| Griffith | — | Yea |
| Summers | — | Yea |
| Hamilton | — | Yea |
| Martin | — | Yea |
| Hardy | — | Yea |
| Tully | — | Yea |
| Warner | — | Yea |
| Nestor | — | Yea |
| Westfall | — | Yea |
| Devault | — | Yea |
| Phillips | — | Yea |
| Winzenreid | — | Yea |
| Householder | — | Yea |
| Espinosa | — | Yea |
| Fast | — | Yea |
| Jeffries | — | Yea |
| Evan Hansen | Democrat | Yea |
| Hollis Lewis | Democrat | Yea |
| Joey Garcia | Democrat | Yea |
| John Williams | Democrat | Yea |
| Kayla Young | Democrat | Yea |
| Mike Pushkin | Democrat | Yea |
| Sean Hornbuckle | Democrat | Yea |
| Shawn Fluharty | Democrat | Yea |
| Adam Burkhammer | Republican | Yea |
| Adam Vance | Republican | Yea |
| Andy Shamblin | Republican | Yea |
| Betsy Kelly | Republican | Yea |
| Bill Ridenour | Republican | Not Voting |
| Bob Fehrenbacher | Republican | Yea |
| Bryan Ward | Republican | Yea |
| Charles Sheedy | Republican | Yea |
| Christopher W. Toney | Republican | Yea |
| Chuck Horst | Republican | Yea |
| Clay Riley | Republican | Yea |
| D. Rolland Jennings | Republican | Yea |
| Dana Ferrell | Republican | Yea |
| Darren Thorne | Republican | Yea |
| Dave Foggin | Republican | Yea |
| David Green | Republican | Yea |
| Elias Coop-Gonzalez | Republican | Yea |
| Eric Brooks | Republican | Yea |
| Erica Moore | Republican | Yea |
| Evan Worrell | Republican | Yea |
| Gary G. Howell | Republican | Yea |
| Geno Chiarelli | Republican | Yea |
| George Miller | Republican | Yea |
| George Street | Republican | Yea |
| Henry Dillon | Republican | Yea |
| James Robert "JB" Akers II | Republican | Yea |
| Jarred Cannon | Republican | Yea |
| Jeff Campbell | Republican | Yea |
| Jeffrey Stephens | Republican | Yea |
| Jim Butler | Republican | Yea |
| Jimmy Willis | Republican | Yea |
| Joe Ellington | Republican | Yea |
| Joe Statler | Republican | Yea |
| John Paul Hott | Republican | Yea |
| Jonathan Pinson | Republican | Yea |
| Jordan Bridges | Republican | Yea |
| Jordan Maynor | Republican | Yea |
| Josh Holstein | Republican | Yea |
| Kathie Hess Crouse | Republican | Yea |
| Keith Marple | Republican | Yea |
| Laura Kimble | Republican | Yea |
| Lori Dittman | Republican | Yea |
| Margitta Mazzocchi | Republican | Yea |
| Mark Dean | Republican | Yea |
| Mark Zatezalo | Republican | Yea |
| Marty Gearheart | Republican | Yea |
| Matthew Rohrbach | Republican | Yea |
| Michael Hite | Republican | Yea |
| Michael Hornby | Republican | Yea |
| Mickey Petitto | Republican | Yea |
| Pat McGeehan | Republican | Yea |
| Patrick Lucas | Republican | Yea |
| Phil Mallow | Republican | Yea |
| Rick Hillenbrand | Republican | Yea |
| Roger Hanshaw | Republican | Yea |
| Roy Cooper | Republican | Yea |
| Scot C. Heckert | Republican | Yea |
| Stanley Adkins | Republican | Yea |
| Trenton Barnhart | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vacant1 | Republican | Yea |
| Vernon Criss | Republican | Yea |
| Walter Hall | Republican | Yea |
| Wayne Clark | Republican | Yea |
| Wayne Clark | Republican | Yea |
| William Anderson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 5180?
- HB 5180 is sponsored by Adam Burkhammer (Republican), Michael Hornby (Republican), Smith, Mickey Petitto (Republican), Patrick Lucas (Republican), Kathie Hess Crouse (Republican), and Stanley Adkins (Republican).
- What is the current status of HB 5180?
- This bill has passed the House of Delegates. Introduced January 25, 2024. It now moves to the second chamber.
- Where can I track HB 5180?
- Track HB 5180 free on One Click Politics — get push/email alerts when it moves.
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