HB 5669 — Prohibiting the home schooling of children in certain circumstances

CS for HB 5669 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for House Bill 5669 By Delegates Fluharty and Hornbuckle [Introduced[Reported FebruaryMarch 17,2, 2026;2026, from the Committee on Education] CS for HB 5669 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §49-2-802b, relating to education placements during child abuse and neglect investigations;

referredproviding torestrictions the Committee on Educationprovision then the Judiciary] Intr HB 2026R3575 A BILL to amend the Code of Westhome Virginia,educational 1931,instruction asin amended,specified bycircumstances; adding a new section, designated §49-2-802b, relating to education placements during child abuse and neglect investigations;

providingrequiring temporarythe restrictioncounty onsuperintendent provisionto ofdevelop homea educationalpolicy instruction in specifiedconjunction circumstances;with state board;

and setting forth durationother duties of temporarythe restriction;county superintendent.

and requiring notice to Department of Human Services to provide notice of a pending child abuse.

(b) TemporaryA restriction.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.

Whenof athis childcode, isagainst thea subjectcustodial ofparent aor pendingguardian investigationwith ofwhom abusethe orchild neglectresides, pursuantor toa thisperson article,instructing and the allegedchild, perpetratorthat is ainitiated custodialby parent,a guardian,schoolteacher or other personschool responsiblepersonnel forwithin the child’schild's care:school district pursuant to the mandatory reporting requirements of §49-2-803 of this code.

(1)(c)The Thecounty allegedsuperintendent perpetratorshall maydevelop notand initiateinstitute withdrawala policy in conjunction with state board of education rule to ensure the childcounty fromsuperintendent is contacted when a publicreport school,of publicsuspected charterchild school,abuse or privateneglect is made by a schoolteacher or other school forpersonnel pursuant to the purposeprovisions of providing§49-2-803 homeof instruction;this code.

andUpon (2)determination Theby allegedthe perpetratorcounty maysuperintendent notthat assumean orinvestigation resumehas responsibilitybeen asinitiated, the primarysuperintendent providershall request confirmation of homecase instructionstatus forfrom the child.Department of Human Services, which shall provide confirmation within 48 hours of receipt of the request.

(c)Unless Duration.another eligibility requirement prevents approval, if the complaint is not substantiated within 7 days of initiation, the superintendent shall permit home instruction.

The restriction set forth in subsection (b) of this section shall apply only during the pendency of the investigation and shall terminate upon:

(1) A written determination by the Department of Human Services that the investigation is unfounded or closed without substantiation;

or (2) An order of a circuit court or family court directing otherwise.

(d) Notice.

Upon the initiation of an investigation that is initiated by this section, the Department shall provide written notice to the child’s school and custodial parent or guardian of Intr HB 2026R3575 the temporary restriction.

NOTE:

The purpose of this bill is to establish Raylee's law which temporarily prohibits authorization of home instruction if there is a pending child abuse or neglect investigation against a custodial parent of guardian.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.