Senate adopts 'Raley's Law' amendment restricting home instruction when child‑abuse investigations are pending

Senator from Brooke introduced a floor amendment to the education code that would bar county boards from approving a home‑instruction request for a currently enrolled student if there is a pending child‑abuse or neglect investigation involving the custodial parent or a person who would be the childamily's primary caregiver. "The amendment ... states that county boards may not approve a request for home instruction for a currently enrolled student if there is a pending child abuse or neglect investigation against a custodial parent or guardian," the sponsor said, explaining required 24‑hour reporting and follow‑up timelines for school personnel and county superintendents.

Senator from Mason and other supporters framed the measure, which supporters labeled "Raley's Law," as narrow and child‑protection focused. "This is not an attack on parental freedom... It is meant to offer protection to the children of our school districts," Senator from Mason said, urging adoption and noting the amendment includes a 10‑day window for DHS confirmation of an investigation
nd a mechanism allowing approval if DHS clears or fails to substantiate the investigation within the specified period.

Senator from Cabell and others who spoke in favor stressed case histories and professional experience. "I've presided over thousands of juvenile court cases... There are actual little children whose parents will do this," the senator said, arguing the amendment targets rare cases where custody changes hide abuse and neglect.

Senator from Jefferson raised a point of germaneness, and the Senate held a roll‑call on a motion to challenge the chair's ruling; the transcript records the roll call as 12 yeas, 18 nays, 4 absent. The transcript also reports that the chair's ruling was overruled; the recorded sequence in the transcript contains contradictory phrasing and has been noted for verification in the Senate journal.

The amendment to the amendment was adopted in voice votes and then the Senate recorded a final passage vote on the bill as amended (recorded in the transcript as 24 yays, 7 nays, 3 absent). After the final action the clerk was instructed to communicate the action to the House.

Why it matters: the amendment changes the administrative process for approving home instruction during active child‑welfare inquiries, inserting explicit notification timelines for school reporters and county superintendents and placing a short automatic approval path if the Department of Human Services reports an investigation is unsubstantiated or not completed within the timeline. Supporters said the change prevents children from disappearing from school oversight while opponents warned of perceived impacts on legitimate homeschooling families.

The Senate adopted the title amendment and ordered communication of its action to the House. The transcript indicates the bill was declared passed in the Senate; any statutory text, fiscal notes, and the official roll‑call journal should be consulted for final language and recorded counts.