West Virginia Gov. Jim Justice called Monday for a special legislative session to start September 30 to address, primarily, a proposed personal income tax cut and other appropriations issues.
In June, Gov. Justice told the media he was considering asking for greater restrictions on homeschooling in response to the death of 14-year-old Kyneddi Miller of Boone County.
Justice has also requested legislation to increase transparency during CPS investigations involving the death of a child, though a specific proposal has not been presented.
These statements have created much speculation over the summer.
HSLDA Staff Attorney Kevin Boden has been following the situation closely and has provided answers to a series of pressing questions.
Question: Gov. Justice has finally called for a special legislative session. Do we know if homeschooling is on the agenda?
Answer: It appears unlikely, but the full agenda has not been set. Earlier this year the state House of Representatives passed a bill that would have automatically restricted parents’ right to begin homeschooling if they were involved in any type of pending child abuse investigation initiated by school personnel. The bill failed in the Senate, but the momentum for passing something still exists.
Even within the past couple weeks, there has been continued discussion by lawmakers about the need to “strengthen the guardrails” surrounding homeschooling (by which they mean regulate it further).
In light of this, we are remaining very vigilant about what may be placed on the agenda for September 30.
Q: What prompted the call for new homeschool restrictions in West Virginia?
A: This spring, 14-year-old Kyneddi Miller died as the result of apparent maltreatment at home. This rekindled a false narrative that homeschooling puts children at greater risk of abuse or neglect.
It’s shocking and horrifying when a child suffers abuse and neglect at the hands of their caretakers. We absolutely need to make improvements in our child welfare system, and on a broader societal level, so that children are protected from harm. However, adding new homeschool regulations unfairly targets all homeschooling families and doesn’t address the root of the issue.
Q: Do we know if Kyneddi’s death was directly related to homeschooling?
A: There’s no indication that her death was directly related to homeschooling. Kyneddi’s mother apparently withdrew her daughter from public school in 2021 under the homeschooling statute. A state police officer visited the family’s home in 2023, and Kyneddi told him she didn’t want to be around other people because she was afraid of COVID-19. The officer says he reported his findings to CPS.
What happened after that is still unclear. The investigation is ongoing, and we don’t have all the specifics.
Q: Nevertheless, critics of homeschooling are claiming there is a loophole in the law. Are they right?
A: No. It’s pretty clear from available information that Kyneddi’s mom neglected to hand in her daughter’s 8th-grade homeschool assessment to the county, as required by state law. Critics say this should have triggered an automatic investigation by the family’s public school district, and some lawmakers are talking about changing the law to mandate action against homeschool families whose paperwork is unaccounted for.
The fact is that school districts already have the authority to act if they have evidence something is terribly wrong with a family’s homeschool program. Officials can file a petition in court to deny the right to homeschool, and they don’t have to wait until paperwork goes missing. (Of course, there’s a legal process for this. School officials can’t just arbitrarily order families to stop homeschooling.) But now, instead of the county having discretion to go to circuit court in these cases, some want the country superintendent to be required to.
Q: State officials also say recent data shows many homeschooling families are failing to comply with the law. Are they right?
A: Several weeks ago, the state Department of Education stated their records showed that from 2020 to 2023, only 37 percent of homeschooling families turned in year-end assessments. But the department hasn’t released the underlying data, so we haven’t been able to ascertain just how accurate this claim is.
There are several nagging questions we would like to clear up. For example, in 2020 the vast majority of West Virginia students switched to at-home learning because of COVID-19, and it’s uncertain how the state classified them. For those families who filed under the homeschooling statute, then returned to brick-and-mortar schools the very next year, it would make sense if many of them simply decided not to submit year-end assessments. We don’t know if these kinds of cases have been included in the reported numbers.
It bears repeating that HSLDA encourages homeschoolers to practice good citizenship and follow the laws in their state. We’re skeptical of the numbers coming out of West Virginia.
Q: What is the philosophy driving the campaign for restricting homeschool freedom?
A: It’s varied. Understandably, a case like Kyneddi’s gives rise to questions about how it could have been prevented. Some understandably respond by seeking to do something concrete—make a legislative fix. The problem is these proposed solutions are often viewed through a narrow lens that doesn’t consider unintended consequences.
Then there are some outright critics of homeschooling whose motivation is particularly concerning—they want to use every opportunity available to restrict homeschooling. I’m thinking of the people who would grant the state preference over parents when it comes to educating and caring for children. It’s this mindset that gives rise to the call for homeschooling parents to report regularly to some sort of government agent and submit to inspections of their homes.
Of course, HSLDA objects to this type of proposal because it would violate some of our most basic rights as parents. There’s also the reality that unnecessary government intrusion into the home can be incredibly harmful.
Q: What is HSLDA doing to protect homeschool freedom in West Virginia?
A: As we do every year, we’re monitoring the legislature to see if any bills are introduced that would affect homeschool families. We’re building relationships with elected officials and partnering with homeschool leaders to advocate effectively on these issues.
We engage with the media to provide a voice for everyday homeschool families. I recently went on a talk show to discuss the current debate over homeschool law and hosted a webinar with two legislators who are strong supporters of home education. And we send regular email updates to our members and supporters.
Q: What can HSLDA’s members and friends in West Virginia do?
A: What every homeschool family in West Virginia can do now is continue to connect with their elected officials. Show them what homeschooling really looks like. Stay engaged and stay vigilant.
The legislative situation can change quickly. If there’s one thing we’ve learned over the past few months, it is that homeschool freedom can’t be taken for granted. We must always be prepared to stand up for our rights.