“Raylee’s Law” has been revived.
A group of state senators moved to amend the policy proposal on day 59 of the regular session into a separate bill, HB 5537, repealing obsolete and outdated sections of the Education code.
The attempt had to survive a series of challenges about whether “Raylee’s Law” is germane to the other sections of code being affected.
Senators voted in favor of the resulting bill, and now the legislation goes to the House of Delegates in the final hours of the regular legislative session.
“Raylee’s Law” is a proposal to place a hold on removing students from public schools to homeschool environments if there is a pending child abuse or neglect investigation.
“This is trying to find a way to ensure that we are respecting a parent’s rights and their wishes with that of protecting the children,” said Senator Ryan Weld, R-Brooke, who took the lead on the amendment on the floor.
The bill is named for an 8-year-old girl who died of abuse and neglect in 2018 after she was withdrawn from school, eliminating contact with educators under mandatory reporting requirements. That bill has been introduced since 2019, but has never passed.
Raylee Browning’s father and two other adults were sentenced in 2023 to prison time in her death. The adults were accused of mistreating her and then ignoring her symptoms when she got sick before dying the day after Christmas in 2018. The cause of death was sepsis caused by a bacterial pneumonia infection.
“This is an imperative duty to protect all children, a solemn responsibility to verify their safety, where that red flag appears at school, so they do not stay hidden from our sight,” said Senator Joey Garcia, D-Marion.
“It’s important we say the names. Raylee Browning. Kyneddi Miller. Miana Moran. These are children who deserve better. We must say these names. We must remember these names. We must honor these names by protecting the children who are still at risk. We cannot wait for the next name, the child that we can protect right now
The policy has rumbled through the legislature this year, with a series of attempts to get floor votes on it.
Senate Education Chairwoman Amy Nichole Grady, a fourth grade teacher, was among those who spoke for the policy on Friday afternoon. Grady worked behind the scenes on strategy and support for the amendmet.
“Teachers in our school system are mandatory reporters. We are trained to recognize bruises that don’t make sense, sudden behavioral changes, signs of neglect or cries for help that might otherwise go unnoticed,” said Grady, R-Mason.
“But when a child is removed from school without any follow up, sometimes the system loses sight of that child entirely.”
She said a vote for the policy is not an attack on parental authority. “It’s an attack on child abusers and a protection for those kids who are being abused, nothing more,” she said.
“It does not dictate curriculum. It does not interfere with how families educate or raise their children, and it does not criminalize homeschooling. What it does do is make sure that no child disappears in silence. Every single child in West Virginia deserves to be seen.”
Senator Mike Woelfel, D-Cabell, said his legal career has led him to be involved with thousands of juvenile court cases.
“This is about protecting these young children, and I would really like to see a unanimous vote,” Woelfel said. “I can’t imagine there’s one person in this chamber that would ever be against protecting these vulnerable, neglected or abused children.”