CHARLESTON, W.Va. — West Virginia legislators are locked in a legislative tug-of-war over Raylee’s Law, a bill aimed at protecting children from potential abusers by preventing them from removing their children from school during ongoing investigations. On Monday, Sen. Joey Garcia (D-Marion) attempted to move Senate Bill 972 from the Senate Health and Human Resources Committee to the Senate floor, but his motion was tabled, prompting him to invoke a constitutional right to slow down Senate proceedings by requiring all bills to be read in full.

Legislative Stalemate Over Child Protection

Senate Bill 972 is the latest iteration of Raylee’s Law, named after an 8-year-old girl who died in 2018 after her parents removed her from school following reports of suspected abuse. The legislation would prevent a custodial parent who is the alleged perpetrator in a pending child abuse or neglect investigation from pulling a child out of public, charter, or private school to begin home instruction.

The bill applies only during the pendency of the investigation, with a provision that the investigation must be initiated within 10 days of the alleged abuse or neglect. The restriction would be temporary, according to co-sponsor Sen. Amy Grady (R-Mason). Grady emphasized that the bill is not intended to target homeschooling families but rather those who may be involved in abuse or neglect.

“The original bill, the introduced version, is very, very broad,” Grady said. “But, the committee substitute includes everything, and so, it’s so tight that the language cannot be misconstrued in any way.”

Garcia, the bill’s sponsor, expressed frustration with the stalled progress, saying, “There have been too many child deaths. And at this point in time, this is something that can help prevent another one.” He added, “We as a state government, we have not only the right, but the responsibility, to protect our children in the state of West Virginia. And, that’s what we’re going to do, whether I have to drag everybody kicking and screaming over the finish line.”

Crossover Day Deadline Looms

Legislators are now racing against the clock as the legislative session approaches its critical “Crossover Day” deadline. This is the point by which bills must be read a third time in their chamber of origin by the 50th day of the 60-day legislative session in order to advance to the other chamber.

With Wednesday’s deadline fast approaching, lawmakers are considering options to either amend the language into another bill or attempt to discharge the legislation from committee again. The bill faces similar challenges in the House of Delegates, where a version of the law, House Bill 5669, was placed on the House Education Committee’s agenda.

On Monday afternoon, the House Education Committee passed its version of Raylee’s Law after about an hour of debate. In a move to expedite the process, the committee suspended a House rule that typically allows the bill to be considered and recommended the same day.

Child Protection and Legislative Priorities

The debate over Raylee’s Law highlights the tension between legislative priorities and urgent child protection measures. Supporters argue that the bill is a necessary step to prevent further tragedies, while opponents raise concerns about the potential impact on homeschooling families and due process.

“It does not target homeschoolers. It targets child abusers,” Grady said. “This is about protecting children, not punishing parents who are trying to provide an education at home.”

As the legislative session enters its final days, the fate of Raylee’s Law remains uncertain. The bill’s sponsors are preparing for another attempt to move it forward, either through amendments or a renewed discharge motion. The next steps will be crucial in determining whether the law can become a reality in West Virginia.

With the crossover deadline looming, the pressure on lawmakers to act is mounting. If the bill fails to advance, it could face another delay, potentially putting the protection of children in the state at risk.