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The majority of students in West Virginia who left public schools in the last three years were chronically absent, prompting concerns among educational officials and lawmakers that students are exiting the schools to avoid truancy penalties.

A bill in the House of Delegates sought to address the issue by pausing homeschool requests from parents of chronically-absent or truancy children. It was to make sure families weren鈥檛 avoiding legal ramifications for truancy.

But, as of Tuesday, the measure is dead for this legislative session.

鈥淚 (saw) it as a way to help students to make sure that they鈥檙e receiving the proper education,鈥� said Del. Christopher Toney, R-Raleigh, who sponsored the legislation.

In the last three school years, 71.6% of students withdrawing to homeschool were chronically absent when they left to homeschool, according to data from the West Virginia Department of Education.

These were students who had 18 or more absences from school when they exited for homeschooling.

State Schools Superintendent Michele Blatt said the education department and Legislature should work together to protect children.

鈥淲e have great homeschool parents. It鈥檚 just in West Virginia 鈥� this data shows us that we have more students that are or more families that are pulling them out for the wrong reasons,鈥� she said.

Toney鈥檚 measure, , would have established a 90-day time limit during which a family involved in an active truancy or pre-petition process couldn鈥檛 withdraw a student for homeschooling.

鈥淭here should be specific safeguards in the code to protect student well-being during truancy proceedings,鈥� the measure said.

County schools superintendents brought the bill idea to House members, Toney said.

鈥淭his is the (students) that just repeatedly come back every six months or so,鈥� he said. 鈥淭hese are just the ones that keep bouncing back and forth.鈥�

The bill also cited concerns that families would use homeschooling over the summer as a way to bypass the required reading proficiency requirements in the . The landmark West Virginia education measure in third grade if they haven鈥檛 hit certain benchmarks in reading beginning in the 2026-27 school year.

Homeschool parents, advocates opposed measure

While the House鈥檚 Public Education subcommittee vetted the bill last week, homeschool lobbyists and advocates railed against the bill.

Thomas J. Schmidt, who represented the Home School Legal Defense Association, argued the state didn鈥檛 need 鈥渁 blanket 90-day barrier that punishes struggling students and ignores the fundamental rights of parents to direct the child鈥檚 education.鈥�

鈥淗ouse Bill 5053 claims that parents use homeschooling as an easy out or a shield to avoid accountability,鈥� Schmidt said. 鈥淗owever, the reality is that many of these parents only turn to homeschooling when the parent in the school is unable to protect the child from bullying, or when a child鈥檚 illness becomes chronic.鈥�

Del. Kathie Hess Crouse, R-Putnam, one of the House鈥檚 most fervent homeschooling supporters, told committee members that the bill was an attack on homeschoolers.

鈥淭his bill assumes that the public school can do a better job at protecting their children than the actual parent can,鈥� Hess Crouse said.

A county can deny a homeschooling request through a judge鈥檚 order if they feel it is detrimental to the student, she added.

The House鈥檚 Public Education Subcommittee didn鈥檛 advance the measure to the full House floor for a vote.

Toney said there were some issues with the bill that needed to be addressed, but he鈥檇 run out of time since Tuesday was the last meeting of the subcommittee this session.

鈥淲e鈥檒l look at it next year and see what language we need to put in there, and how we need to make it more tailored,鈥� he said.

Del. Anitra Hamilton, who serves on the Public Education subcommittee, said she thought it was a good piece of legislation.

鈥淲e really have to weigh student safety and student concern, versus inconvenience,鈥� she said. 鈥淪o it鈥檚 going to be one of those things where everybody鈥檚 not going to be happy, but we have to weigh what鈥檚 more important.鈥�

She cited where West Virginia children who were being homeschooled died due to abuse and/or neglect.

As a member of the minority caucus, Hamilton can鈥檛 put a bill on an agenda for consideration.

鈥淲hen a child has been harmed, then we all should do whatever we can, from a legislation standpoint, to uncover the problem and see what we can do legislative wise to prevent it from happening again,鈥� she said. 鈥淚t鈥檚 unfortunate that when we deal with these things, it becomes inundated with all of these other situational circumstances that really don鈥檛 outweigh a child dying.鈥�

As West Virginia educators , Blatt said that the education department has encouraged school employees to focus on chronically-absent children who may be experiencing issues at home preventing them from attending school.

鈥淲e鈥檝e tried to kind of change the mindset in the school systems that focus on the kids that we know may have other issues, as opposed to spending your time just doing data collection on a doctor鈥檚 note,鈥� she said.

is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: [email protected].

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