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Passion & Pitchforks

Mar 16 2026 | By: Amy Thornton

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Image by Robert Couse-Baker, Flickr

The 2026 West Virginia Legislative Session went out with a bang on Saturday night, with plenty of fireworks and passionate debate over HB 5537. The spirit of the Hatfields and McCoys is alive and well in the Mountain State. 

The innocuous bill was about repealing outdated sections of the education code. It passed the House unanimously on March 3 and was sent to the Senate where it sat quietly for a week before reading for the first time. 

On March 13, one day before the end of the Legislative Session, Sen. Ryan Weld (R-Brooke) introduced an amendment to HB 5537 known as "Raylee's Law" which aims to prevent children from being withdrawn from public school in the immediate event of a CPS investigation, with hope of protecting vulnerable children.  

Senate President, Randy Smith (R-Preston), ruled that the amendment was not germane to the bill. In a rare occurrence, Senator Weld then objected to the Senate President's ruling which sent the issue to a majority floor vote, with 12 senators voting to uphold the Chair's ruling and 18 against: 

 


The amended bill then went to the House chamber late on the last day of session. Rather than concur or reject changes to the original bill outright, the House decided to further amend the bill to focus on the weak link for vulnerable children in the state, the broken Child Protective Services.  An amendment, 3-14 #1, by Delegate Burkhammer (R-Lewis) which addressed holding CPS accountable, removed the language inserted by the Senate and added the following:

" (a) In addition to any other requirements for mandated reporting, a county superintendent shall report directly to the Department of Human Services’ Centralized Intake the suspected abuse or neglect of a child who is currently enrolled in a public school, by the child’s custodial parent, guardian, or caregiver, when there is imminent danger to the physical well-being of the child, and the child’s custodial parent, guardian, or caregiver is transferring or withdrawing the child from school. Such report made by the county superintendent may not be screened out by Centralized Intake, and Child Protective Services shall investigate the report within 24 hours of receiving the report.

(b) Each county school board shall adopt a policy requiring any school teacher or other school personnel who makes a report of suspected child abuse or neglect to notify the county superintendent of the child’s school district within 24 hours of that report being made to the Department of Human Services.” (emphasis added) 


This amendment, to protect vulnerable children and hold CPS and the Department of Human Services accountable for action within 24 hours of reporting, passed the House. The vote on Del. Burkhammer's amendment looked like this: 



 

With only minutes left before adjournment, the bill was sent to the House floor for a vote on the newly amended HB 5537, which passed by a measure of 96 yea to 1 nay at 11:57 pm : 





The clock ran out and the bill was not able to return to the Senate for approval, so the bill died.

While some are applauding the efforts of lawmakers to work under duress, fighting against the clock to maintain focus on the details of a bill that has important consequences for children, parents, teachers, and government agencies, others gave way to a more passionate, mob-like mentality.  

Delegate Shawn Fluharty (D-Ohio), the original sponsor of Raylee's Law in 2020 with HB 4440, gave an impassioned speech on the House floor, criticizing his fellow lawmakers and expressing frustration.  Del. Fluharty has shared this video of himself widely on his Facebook account claiming, "I am beyond disgusted at our legislature continuing to defend child abusers." - Delegate Shawn Fluharty, FB post, Sunday, March 15, 2026, 1:30 am.

His original bill proposed to prohibit home schooling of any child in homes where there is suspected or known child abuse or neglect, or domestic violence by a parent or person instructing the child. (emphasis added)  One may wonder how this protects abused and neglected children who are sent home at the end of each school day and through the summers when they are not under the care of the public school. 

Several of the state's left-leaning media outlets echoed those sentiments, framing lawmakers as proponents of child abuse, or otherwise using inflammatory language to perpetuate the herd mentality against anyone opposed to a hastily constructed bill at the ninth hour.

 

For the rational thinker, with regard to protecting vulnerable children from abuse and neglect, one may ask why, of fourteen bills introduced this Legislative session to address problems with CPS, only two passed both houses, HB 4022 and SB 228. And equally important, why are public schools not focusing on, or enforcing the laws already within their scope to prevent vulnerable children from being pulled from government schools? 

§WV Code 18-8-1 states that: 
“..That the county superintendent may, after a showing of probable cause, seek from the circuit court of the county an order denying home instruction of the child. The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction.”

This code along with other failed public school protocol was brought to the forefront in 2024 in the case of Kyneddi Miller's horrific death.  Homeschoolers were the focus then, too, even though it was CPS who failed multiple times to protect this child as well as the Boone County Board of Education. The school had within their authority to check in with her after mandated homeschool assessments failed to appear before the board. They had the authority to take action when her attendance was questionable, but the Boone County BOE failed this child. 

It seems that lessons are hard won in West Virginia. Passion rules the day when lawmakers would rather demonize their colleagues, use the welfare of children as a campaign platform, and shoot from the hip rather than collectively and calmly focusing on working to protect vulnerable children by restructuring a shattered and overwhelmed CPS system.


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