After cutting homeschool regulations, lawmakers may look to schools to fix oversight issues

After the Republican-led Legislature rolled back homeschooling reporting requirements, state lawmakers could ask public schools to bolster how they check in on homeschool families who haven’t followed regulations.

“ … When you’ve got people trying to pull children out of the public school system, why would you put the burden back on [the schools]?” questioned Paul Hardesty, president of the state board of education. 

The focus on homeschool regulations follows the death of 14-year-old Kyneddi Miller, who was found in a skeletal state in her Boone County home in April.  

Her mother and grandparents have been charged with child neglect related to her death. 

The girl had been homeschooled since 2021, according to school records, but her mother hadn’t turned in any assessments required under state law to track student progress.

While Child Protective Services and the West Virginia State Police were aware of the Kyneddi prior to her death — and both are tightening up their abuse and neglect referral systems — Gov. Jim Justice, his administration and some lawmakers have pointed to homeschool regulations for students and local school districts as a way to possibly prevent future child tragedies.

The Republican-led legislation has been rolling back homeschool requirements in a wave of school choice legislation. While drafts of bills aren’t yet available, school districts could be tasked with following up on homeschool students who haven’t followed state law on reporting requirements. 

“There has been continual activity by the Legislature to take away requirements with regard to homeschool. I think it’s time for all the stakeholders to come back, sit down at the table and let’s find something that works,” Hardesty said. “This poor child is proof positive that what we’re doing currently is not working.”

Del. Joe Statler, R-Monongalia, vice-chair of the House Committee on Education, has backed legislation aimed at rolling back homeschool regulations.

Earlier this year, he voted yes on a bill that would have eliminated the homeschool assessments requirement in current law. 

“I believe there’s enough blame to go around for everyone to share, including us,” he said. “In light of this situation, how do we find that piece of accountability that we’re missing? … Something that is triggered that does not allow these situations to happen.”

Homeschool parents are required to submit assessments in grades 3, 5, 8 and 11 to their county school board as one of their options for maintaining contact with the local school district. 

State law doesn’t require that public school employees follow up on homeschool families who have failed to report a child’s progress.

Lawmakers roll back homeschool regulations in 2016

West Virginia homeschool regulations decreased in 2016, when Gov. Earl Ray Tomblin signed what was known as the “Homeschool Modernization Act.” Homeschool advocates said the legislation “rolled back burdensome regulations on homeschooling families.”

The Republican-sponsored bill, which made a number of changes to homeschool law, did away with a requirement that parents submit annual assessments about their children’s progress.

“There were too many restraints put up on homeschoolers, so we kept trying to find that balance,” said Statler, who was a cosponsor of the bill. He expected that lawmakers would again in 2025 consider legislation that would do away with some of the current homeschool reporting requirements.

Former state Sen. Mike Romano, D-Harrison, attempted to amend the 2016 bill to require annual assessments from homeschool students. While pushing for his amendment on the Senate floor, he said that they’d have to worry about abuse and neglect.

Speaking with West Virginia Watch, Romano recalled, “My position was always that children would not lose contact with their local school system. Without any checks and balances, you’re not going to know who are the good homeschooling parents and who are not.”

“There were not a lot of facts on the other side,” he added. 

In response to his amendment, which was defeated, Sen. Robert Karnes, R-Randolph, said that homeschooling was one of the most effective ways of education in the state with poor public school outcomes.

“The vast majority of states have zero reporting requirements … This is red tape to throw at homeschoolers,” Karnes said. “We need to fix our public school system.”

Hardesty, a former lawmaker, said the 2016 bill “basically [took] away those covenants and restrictions with regard to homeschooling.”

“Maybe they went too far. You know, from one extreme to the other,” he said. 

Del. Elliott Pritt, R-Fayette, is a public school teacher in the county he represents.

Schools shouldn’t have to take the blame for Kyneddi’s death, Pritt said, but he added that his district would welcome legislation that gives county attendance directors a stronger response to homeschoolers who aren’t compliant with state law.

School officials have said that taking action against a family in court is legally burdensome, and there are loopholes in which parents can get around turning in the required assessments.

“This is not a school choice issue, this is an accountability issue,” he said. “We’ve tied the hands of our public school systems.”

Pritt said that there may need to be additional staff added to help bolster accountability. 

A hopefully collaborative approach moving forward

Hardesty, who noted that school staff are “stretched thin,” said he hopes lawmakers will invite school personnel and educational officials to give input on legislation. 

House Democrats have been meeting with their local school employees “about the adequacy of the current assessments for homeschool students and enforcing current truancy laws to protect children,” according to a news release. 

“We need to collaborate with local school officials to ensure that they have the resources and necessary information to protect children whose parents do not comply with home school regulations,” said Del. Joey Garcia, D-Marion. “We know that most homeschool parents are doing the right thing for their children, but we need to correct loopholes in the law and empower local boards of education to act where the law is not followed so children are not abused or falling through the cracks.” 

Del. Shawn Fluharty, D-Ohio, will continue to advocate for a piece of legislation known as “Raylee’s Law,” which would have paused or potentially denied a parent’s request to homeschool if a teacher has reported suspected child abuse. The language was added in an amendment to a homeschool regulation bill that passed the House earlier this year; it failed to be taken up in the Senate.

“Raylee’s guardians and Kyneddi’s family removed those girls from public school, places where these girls could be seen and heard and now they are no longer here to tell their stories,” Fluharty said.

Republican lawmakers who are homeschool parents and advocates have already pushed back on any changes to West Virginia homeschool regulations. 

“It is wholly inappropriate and unacceptable to attribute this tragic death to homeschooling, which unfairly maligns the thousands of West Virginia families who are responsibly and effectively educating their children,” Sen. Patricia Rucker, R-Jefferson, wrote in an op-ed. 

She added that she’d like to focus on legislation addressing the state’s overburdened CPS workforce during the state’s foster care crisis.

Del. Kathie Hess Crouse, R-Putnam, in a separate op-ed, wrote, “ … This administration is promoting false narratives about homeschooling … Rather than implementing new homeschooling laws, we should be looking at substantial reform to our child welfare system.”

Justice previously said he may call a special session for lawmakers to take a closer look at homeschool regulations. 

Pritt said he is meeting with local homeschool families in search of a compromise.

“I’m going to ask them, ‘Where are you willing to meet? Where are you willing to do these things and don’t feel this is too burdensome?’” he said. “Just like we should be holding bad teachers accountable, we should be holding homeschool parents accountable who are not doing their job, as well.”

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