WV senators push ‘Raylee’s Law’ child abuse measure forward, overriding Senate President Smith

A lengthy list of senators signed onto a last-minute push to get “Raylee’s Law,” a measure meant to prevent child abuse, across the finish line before the legislative deadline.

On Friday, with a little more than a day to go in the legislative session, senators dramatically overrode a ruling by Senate President Randy Smith that allowed them to amend Raylee’s Law into a House bill up for a vote. They passed it with a vote of 24-7 and three senators absent.

The Raylee’s Law measure would pause a parent’s request to remove their child from public school for homeschooling if the parent is in involved in an active child abuse or neglect investigation initiated by a teacher. Child Protective Services would have to complete the investigation within 10 days.

“There are rare and tragic cases where the homeschooling system has been misused to hide abuse. That is why this is needed,” said Senate Education Chair Amy Grady, R-Mason. “If this can help save one child from abuse, if it helps one teacher or one community recognize a child needs help, then this is worth it. Our responsibility as leaders of this state is simple: protect the most vulnerable among us.”

The Raylee’s Law amendment was co-sponsored by Grady and 12 other Republican senators, which signaled strong support for the measure in the GOP-heavy Senate. The Senate’s two Democratic senators, Sens. Mike Woelfel, D-Cabell and Joey Garcia, D-Marion, also signed on as co-sponsors. 

The measure is named for 8-year-old Raylee Browning, who died of horrific abuse and neglect in 2018 after her teachers notified CPS of potential abuse, prompting her abusers to move her to homeschooling.

Garcia emphasized the names of Raylee Browning and Kyneddi Miller, a Boone County girl who died in 2024 from starvation while being homeschooled, when speaking in favor of the bill. He also named Miana Moran, an 11-year-old in Taylor County girl who attended virtual public school and died last year emaciated, weighing 43 lbs.

“We must honor these names by protecting the children who are still at risk. We cannot wait for the next name — the child we can protect right now,” Garcia said. 

Earlier this session, Garcia tried to bring Raylee’s Law legislation to the floor for a vote after it was stalled in a committee. His motion failed, and he and Grady, who sponsored the original legislation, vowed to get the bill back up to a vote again.

Raylee’s Law has faced fierce opposition from homeschooling advocates and parents, who argued it was infringement on parental rights and could potentially force their child to stay in an unsafe public school.

Sen. Eric Tarr, R-Putnam, who homeschooled his children with his wife, said the measure was a way for the homeschool community to distinguish themselves “from some of the things you’re stamped with by some of the public school community that is unrightfully so.”

“This thing needs to become law,” he said. 

Raylee’s Law amendment survives challenge 

Sen. Ryan Weld, R-Brooke, was the lead sponsor on the Raylee’s Law amendment into House Bill 5537, a short measure repealing obsolete and outdated sections of the state education code.

“This is a balancing act … This is trying to find a way to ensure that we are respecting parents’ rights and their wishes and that we are protecting children,” said Weld, a former prosecutor who dealt with child abuse and neglect cases. “It’s not about the family who loves their kid, it’s about the kid who can’t speak up on their own.”

The measure requires any school teacher or other school personnel who makes a report of suspected child abuse or neglect to inform the county superintendent of the child’s school district within 24 hours of that report being made to the Department of Human Services.

Weld’s amendment survived a question from a Republican senator about whether Raylee’s Law was germane to the code repeal bill. But  Smith, R-Preston, later ruled that the bill, which was an amendment to a committee amendment, wasn’t germane, meaning they weren’t able to be put together. 

Weld challenged Smith’s ruling and won when 18 senators — a majority — voted to override the president’s decision, which rarely happens. It allowed the bill to move forward for a vote, then senators approved it. Smith voted in favor of the measure.

The House bill now containing Raylee’s Law was sponsored by Del. Joe Ellington, R-Mercer, who voted in support of measures including Raylee’s Law in 2024 and 2025 that have previously passed out of the House of Delegates.

House members will have to sign off on the Senate’s amendment of Raylee’s Law into the measure by the end of Saturday, when the Legislature is set to adjourn. 

Del. Shawn Fluharty, D-Ohio, who has championed Raylee’s Law for years, tried twice in one day last week to bring the House’s version of Raylee’s Law to the House floor for a vote up against the Crossover Day deadline. His motion was voted down in the GOP-heavy House. 

“What we witnessed over there today was exactly how the government should work … For the House, I think it’s clear what we need to do and that’s concur with the Senate amendment,” he said Friday evening.