Prohibiting the home schooling of children in certain circumstances

HB 5669 Text

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House Bill 5669 History

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WEST virginia legislature
2026 regular session
Committee Substitute
for
House Bill 5669
By Delegates Fluharty and Hornbuckle
[Reported March 2, 2026, from the Committee on Education]
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; providing restrictions on provision of home educational instruction in specified circumstances; requiring the county superintendent to develop a policy in conjunction with state board; and setting forth other duties of the county superintendent.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§
49-2-802b. Educational placement protections during abuse or neglect investigations; to be known as Raylee's Law
.

(a)
Purpose
. The purpose of this section is to ensure the continued visibility, safety, and welfare of children who are the subject of a pending child abuse or neglect investigation by the Department of Human Services.
(b) A 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.
(c)The county superintendent shall develop and institute a policy in conjunction with state board of education rule to ensure the county superintendent is contacted when a report of suspected child abuse or neglect is made by a schoolteacher or other school personnel pursuant to the provisions of §49-2-803 of this code. 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 7 days of initiation, the superintendent shall permit home instruction
.

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