The 2019 Regular Session

West Virginia Home School Legislation

Over two thousand bills are introduced each regular legislative session. Of

these only about two hundred make it completly through the legislative

process and become law.

Active Legislation



As of Saturday, February 18, 2019,


HB 3063 The Private and Home School Tax Credit Bill Passed the House Education Committee this afternoon with 14 yeas and 10 nays. It will now be referred to the House Finance Committee for consideration. 


HB 3063, as introduced in committee, would have provided a 500 dollar tax credit per child for educational expenses such as curriculum and supplies. The bill was amended to reduce this amount to 250 dollars per child. 


Lead Sponsor Del. Bibby
SPONSORS: Hardy, Espinosa, Summers, Kessinger, Westfall, Hanna, Wilson, Butler, Higginbotham, Cooper


Bill Text





Once again legislators have signed onto the "Youth Mental Health Protection Act." This bill impacts both religious liberty and parental rights, the two pillars that support home school freedoms. Scroll down to learn about the "Youth Mental Health Protection Act."  SB 359 sponsored by Senator Maroney.


Legislative Priorities

The legislature has begun to focus on improving the child welfare law particularly as it relates to foster care and adoption. Anytime the child welfare laws are modified these changes must be followed closely to ensure that Parental Rights are not impacted negatively.


Introduced Legislation:
HB 2002 Education Savings Accounts
HB 2098 Home Instruction Tax Relief Act

HB 2457 Parents of nonpublic school children a tax credit for each child attending.


School Sports Bill
The Tim Tebow Bill, SB45, has been introduced again this session. This bill would enable Home School and Private Schools to participate in Public School Sports Programs. This bill was defeated in the House Education committee last year. A similar bill was vetoed by the Governor in 2017.


 HB 2450

Increase access to career education and workforce training to both public and homeschooled students.

 SB 1 Increase access to career education and workforce training.



The Youth Mental Health Protection Act

Violates Parental Rights – Oppose SB 359
If a child is struggling with their gender identity, a certified counselor will only be permitted

to encourage that child to view themselves as a homosexual.


Parents should be trusted by the state to get the counseling that is needed for their hurting child. The state should not dictate to the parent and the counselor what that counseling should be.

Bill text:

“’Conversion therapy’ means any practices or treatments that seek to change an individual’s sexual orientation or gender identity,"

“[Counseling is permitted . . .] as long as such counseling does not seek to change an individual’s sexual orientation or gender identity."

SB 359 violates the 5th and 14th Amendments – Care and Custody Clauses

It has long been established that a parent’s right to the care and custody of their children is guaranteed by the 5th and 14th Amendments of the United States Constitution. SB 359 is preventing a parent from caring for their child by not allowing them to get the help that they know is needed for their hurting child.


SB 359 violates the First Amendment – Free Speech Protections
Psychotherapy/counseling is therapy facilitated through speech. Banning the practice of medicine that is in line with the parent’s values and faith violates the First Amendment of the Constitution and is a form of viewpoint discrimination.


This bill is not about counseling.
Rather than help a child, this bill only provides for the communication of one message and thus prevents a parent and their counselor from acting in their child’s best interests.


Organizations opposed to this legislation:

• American College of Pediatricians
• The American Association of Christian Counselors
• Alliance for Therapeutic Choice and Scientific Integrity
• Catholic Medical Association
• International Network of Orthodox (Jewish) Mental Health Professionals
• Christian Medical Association
Collectively, these organizations comprise over 100,000 licensed mental and medical health practitioners and concerned citizens.


SB 359 - Youth Mental Health Protection Act

SPONSORS: Baldwin, Beach, Facemire, Ihlenfeld, Jeffries, Lindsay, Palumbo, Plymale, Prezioso, Romano, Stollings, Weld, Woelfel, Swope,Takubo, Hardesty
Senator Cline requests to be removed as sponsor of bill 01/22/19





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Example of Deplorable Legislation from the 2018 session

The purpose of HB 2650 is to prevent a parent from providing professional counseling for a child struggling with homosexuality unless that counselling will encourage the child to identify as a homosexual. 

Read Here!


Example of Deplorable Legislation from the 2017 session

This legislation defines Home Schoolng as a form of Child Abuse.

Read Here!


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