House 5053

WEST virginia legislature

2026 regular session

Introduced

House Bill 5053

By Delegates Toney, Campbell, and Cooper

[Introduced February 02, 2026; referred to the Committee on Education]

A BILL to amend the Code of West Virginia, 1931, by adding a new section, designated §18-8-13, relating to establishing a 90-day time limit for an active truancy or pre-petition process for a family to withdraw a student for homeschooling; setting forth legislative findings; and providing for enactment of the section.

Be it enacted by the Legislature of West Virginia:

ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-13. Time limit established for active truancy or pre-petition process.

(a) Legislative findings. –

(1) Upon reaching the pre-petition stage, a county often receives a homeschool notice. This constitutes an "easy out," resulting in the loss of critical oversight for at-risk youth. For this reason, there should be specific safeguards in the code to protect student well-being during truancy proceedings.

(2) Additionally, there is concern that families may use a homeschool over-the-summer credit to bypass the required reading proficiency standards and retention provisions of the Third Grade Success Act. For this reason, there should be a prevention on the use of short-term homeschooling as a means to circumvent academic accountability measures.

(b) Enactment. – There is established a 90-day time limit during which a family involved in an active truancy or pre-petition process cannot petition to withdraw the student for homeschooling. Additionally, the West Virginia Department of Education is encouraged to undergo a comprehensive survey of public-school families who choose to homeschool to identify systemic drivers for the decision.

NOTE: The purpose of this bill is to establish a 90-day time limit for a child involved in an active truancy or pre-petition process to withdraw for homeschooling.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.