A Flood, A Loss, and a Fight for their Right to Homeschool

A West Virginia homeschooling family came close to losing much more than the items they’d stored in their basement when the Ohio River flooded in the spring of 2024.

Some of their school records were destroyed in the flood, and that nearly cost them the ability to continue homeschooling. HSLDA helped settle the conflict before it could lead to such a catastrophic result.

Megan Stanley had started homeschooling her two youngest children after her oldest child was bullied in the public school. She complied fully with West Virginia law and had no issues with public school officials, until the October following the flood, when her children were beginning the 5th and 8th grade.

She had filed a notice of intent when she started homeschooling, and provided copies of assessments for her children when they completed the 3rd and 5th grades, as is required. So she was surprised when the local school district contacted her and asked for copies of the assessments—records she no longer had because of the flood.

Awash in confusion

At first, she attributed the missing records to the turmoil that typically follows a natural disaster. In her own home, it took some time to sort through the items the floodwaters had ruined, which included holiday decorations, baby clothes, and unfortunately, homeschool records.

But when the officials insisted that Megan had never submitted the assessments in question, she began to worry. She recalled that the public school officials hadn’t responded to her notice of intent filing, and she hadn’t heard from them at all in previous years. “I never got any confirmation that they had any records from us,” she said.

Not only that, she had no way to reconstitute the missing records, because the certified teacher she had used to assess her children had died recently.

Officials apparently tried to resolve the issue by enrolling Megan’s children in public school without first informing—or gaining consent from—their parents.

“That was the final straw,” Megan said. “I knew I had to get a lawyer.” And as an HSLDA member, she knew just where to turn.

Under the law

She contacted HSLDA, and Staff Attorney Kevin Boden took up the case as it began to escalate. In February 2025 the school district filed a petition in circuit court to have the family’s homeschool program terminated.

Under state law, Boden explained, a court can order parents to cease homeschooling if prosecutors can prove the children are suffering neglect in their education—or for other compelling reasons.

Boden said the provision is rarely invoked, and in the Stanleys’ case represented an extraordinary and unwarranted use of the law.

“There was never a question of whether the parents were providing an adequate education,” he said. “This was primarily an administrative issue and should have been handled that way. As far as I could tell, all school officials really wanted was to have up-to-date homeschool records on file.”

Boden said the case illustrates how officials can take action against families even over paperwork issues. He added that this hazard gains additional poignance in light of calls by West Virginia legislators last summer for increased homeschool restrictions. One legislative proposal would have mandated legal repercussions against homeschooling parents whose paperwork is unaccounted for.

Resolution

After much discussion with the school district’s attorneys, Megan agreed to have her children assessed by a different certified teacher. The results were submitted to the school district in June, and by July Megan received official notice that the court action against her family had been dismissed.

“It was such a weight off of us,” she said.

Her kids can now focus on spending the remainder of the summer doing things they enjoy: interacting with friends, hiking, and kayaking.

One thing Megan does plan to change about her homeschooling program is how she manages records. From now on, she said, she intends to keep multiple copies, with one set going in a fireproof lockbox.