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HB 5669

Prohibiting the home schooling of children in certain circumstances

2026 Regular Session Introduced by Shawn Fluharty and 1 co-sponsor

During a DHS abuse/neglect investigation, a custodial parent or guardian may not withdraw a child from school or assume home instruction to avoid oversight; the restriction lasts u

On 2nd reading, House Calendar
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Bill Summary · HB 5669

Summary of HB 5669 (2026) – West Virginia

Title and Purpose

  • Official name: Prohibiting the home schooling of children in certain circumstances. Also referred to as “Raylee’s Law.”
  • Purpose: To protect the safety and welfare of children under active state child abuse or neglect investigations by limiting a custodial parent or guardian from withdrawing the child from an existing school to provide home instruction or from becoming the primary provider of home instruction during the investigation.

Key Provisions

  • Temporary restriction during investigations
    When a child is the subject of a pending investigation of abuse or neglect by the Department of Human Services (DHS), and the alleged perpetrator is a custodial parent, guardian, or other person responsible for the child’s care:

    • The alleged perpetrator may not initiate withdrawing the child from a public school, public charter school, or private school for the purpose of starting or continuing home instruction.
    • The alleged perpetrator may not assume or resume responsibility as the primary provider of home instruction for the child.

  • Duration of restriction
    The restriction applies only during the pendency of the investigation and ends when:
    1) DHS issues a written determination that the investigation is unfounded or closed without substantiation; or
    2) A circuit court or family court orders otherwise.

  • Notice requirements
    DHS must provide written notice to the child’s school and the custodial parent or guardian at the initiation of the investigation that a temporary restriction is in place.

Scope and Who Is Affected

  • Subjects of the restriction: Children who are the subject of a pending DHS investigation for abuse or neglect.
  • Respondents affected: Custodial parents, guardians, or other individuals responsible for the child’s care who would otherwise be in a position to remove the child from school for home instruction or assume primary responsibility for home instruction during the investigation.
  • Educational institutions: Public schools, public charter schools, and private schools where the child is enrolled.

Procedural and Timeline Details

  • Effective mechanism: The restriction is triggered by the initiation of a DHS investigation under West Virginia law and remains in place until DHS concludes the investigation or a court orders otherwise.
  • Notice requirement: DHS must notify the school and the custodial parent/guardian at the start of the investigation about the temporary restriction.
  • Judicial and DHS oversight: The temporary measure exists within the framework of DHS investigations and court orders, with termination conditions tied to DHS findings or court rulings.

Practical Implications

  • Aims to maintain the child’s school-based visibility and safety during investigations.
  • Limits the ability of a custodial parent or guardian to switch to home schooling as a means to avoid external oversight or masking concerns during an active investigation.
  • Provides a defined, time-bound restriction rather than a blanket prohibition, ending when the investigation is unfounded/closed or when a court directs otherwise.

Status and Sponsorship

  • Introduced in the West Virginia House (HB 5669) during the 2026 Regular Session.
  • Sponsors: Delegates Fluharty and Hornbuckle (co-sponsors: Sean Hornbuckle, Shawn Fluharty).
  • Committee path: Referred to Education, then Judiciary.

If you’d like, I can add a comparison to existing WV statutes, potential implementation considerations for school districts, or a brief FAQ clarifying common questions (e.g., how “pending investigation” is defined, or how this interacts with existing student privacy protections).

Compiled from official sources — confirm details with the bill’s official record.

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