Bill To Delay Switch To Homeschool During Abuse Investigations On Hold

A bill to temporarily delay moving a child from in-person to homeschool during an active case of abuse or neglect hit a snag in the Senate on Monday. 

Senate Bill 972 would establish Raylee’s Law, named for an 8-year-old West Virginia girl who died in 2018 after she was moved to homeschool following allegations of abuse. It was stuck in committee. 

With deadlines looming, Sen. Joey Garcia, D-Marion, tried to force a vote on the Senate floor. The effort failed.

“I’m angry. What happened today needs to be brought to light. We have legislators that are beholden to groups that are trying to prevent us from protecting kids,” Garcia said. 

He pointed to the cases of three West Virginia children who have died in the custody of parents and caregivers in recent years. One of them was Raylee Browning. 

“She was pulled from school once her teachers filed a CPS investigation. She was septic and she died,” Garcia said. 

“And there have been others that have been found emaciated at 11 years old, 14 years old, where they were 43 pounds or 36 pounds. And these are things that can be prevented, but we have to be able to keep eyes on these kids,” he said.

In response to the failed motion, Garcia forced the reading of every bill under consideration by the Senate Monday.

“This is a very rarely used protest maneuver, and in my opinion should only be used in most extreme circumstances. And someone asked me earlier, ‘Is this a hill you’re willing to die on?’ This is a hill I’m willing to die on, to protect children from abuse,” Garcia said.

With the session winding down, Raylee’s Law could still pass if it’s attached to other bills that are approved.