Following the tragic death of Kyneddi Miller, a 14-year-old girl from West Virginia who was found dead in her home, state lawmakers are urging the governor to pass a bill known as βRayleeβs Lawβ during a special session expected in August.
The proposed legislation is named after Raylee Browning, an 8-year-old girl who was removed from public school and home-schooled after teachers reported suspicions of abuse to child protective services. Versions of the law have stalled in the Legislature over the past few years.
Del. Joey Garcia, D-Fairmont, emphasized the need for accountability, stating that the law would prevent county school boards from authorizing home-school instruction if there is a pending child abuse or neglect investigation against a parent or guardian.
βI think what weβre looking at is there has to be some level of accountability,β Garcia contended. βJust like there is in the public school system, to ensure that children are being taught and that they are not being abused.β
A 2023 analysis by the Washington Post estimated there are between 1 million and nearly 3 million home-schooled children in the United States. In West Virginia, the number is around 13,000, according to the West Virginia Home Educators Association, which opposes any oversight of home schooling.
Garcia emphasized that the law aims to improve one aspect of the stateβs failing child welfare system. In 2019, current and former foster care children filed a class-action lawsuit, arguing the state repeatedly failed to protect children in its care. Garcia added that West Virginia has significant work to do to ensure child safety.
βAcross the aisle, Democrats, Republicans, people of all different beliefs with respect to education, are trying to provide for a reasonable and narrowly tailored law that protects children,β Garcia explained.
Lawmakers are also discussing enforcement of assessment completion for home-schooled children with local school boards. State law requires assessments at certain grade levels, but local public school officials have few options to check on children when a parent or guardian fails to submit them. Data show that only 37% of home-school households submit assessments.
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