A bill that would prevent parents from removing their children from school while a child abuse or neglect investigation is pending has hit a setback in the West Virginia Senate.
Senate Bill 972, sponsored by Amy Grady, R-Mason, would bar parents from withdrawing a student from school if Child Protective Services has already opened an investigation before a letter of intent to homeschool is filed. Under the proposal, CPS would have 10 days to complete its investigation.
Grady said the legislation is intended to protect children who might otherwise be removed from public view during an active investigation.
“We’ve had several sad and unfortunate cases in West Virginia where children have been pulled from school,” she said. “Nobody had eyes on them and they died as a result at the hands of the parent.”
The bill was scheduled to be considered Thursday in the Senate Health Committee but was removed from the agenda.
Some organizations have pushed back, arguing the measure threatens the rights of homeschooling families. The West Virginia Home Educators Association has voiced opposition to the bill, though representatives did not immediately respond to requests for additional comment.
Grady said the committee substitute version of SB 972 clarifies that the restriction would apply to any educational placement — public, private or homeschool — during an open investigation.
“It’s not just homeschool,” she said. “It is any different educational placement. We’re not removing this child until this is finished.”
Similar proposals have been introduced in previous legislative sessions, including legislation known as Raylee’s Law, named for an 8-year-old girl who died in 2018 after being withdrawn from school amid concerns about possible abuse.
Shawn Fluharty, D-Ohio, a supporter of similar legislation, criticized the Senate’s decision to delay action. In a social media post, he expressed disappointment that the bill was not taken up as scheduled.
The future of SB 972 remains uncertain as lawmakers continue to debate the balance between parental rights and child protection.