Public Comments

The challenges our state's childcare system is facing don't just hurt working parents, they hurt our invaluable childcare providers, and our state's economy as a whole. Investing in childcare must be a priority for this state to move forward. I ask you to please support this bill. 

• WV Constitution, Article XII, §1 – “The Legislature shall provide, by general law, for a thorough and efficient system of free schools.”
• WV Constitution, Article XII, §2 – Establishes a State Board of Education with general supervision of free schools.

• WV Code §18-2-1 – Grants the State Board of Education general supervision of public schools.
• WV Code Chapter 18 (Education) – Establishes funding formulas, accreditation, standards, and administrative functions.
• WV Code §18-9A-1 et seq. – Establishes the School Aid Formula.

• Administers state and federal funds.
• Ensures compliance with federal programs (Title I, IDEA, ESSA).
• Oversees accreditation and accountability.
• Provides independent reporting to the Legislature.

• Reduced independence in rule-making.
• Increased legislative micromanagement of funding distribution.
• Potential conflicts of interest when appropriating and administering funds are consolidated.

1. Appropriation authority, and
2. Administrative execution,

• Increase the risk of politically motivated reallocations.
• Weaken technical enforcement of formula compliance.
• Create instability in long-term county budget planning.

• Elementary and Secondary Education Act (ESEA)
• Individuals with Disabilities Education Act (IDEA)
• Title I and Title II programs

• Monitor compliance,
• Maintain reporting systems,
• Ensure equal access protections,
• Prevent misallocation.

• Federal audit findings,
• Loss or clawback of funds,
• Litigation exposure.

• The State Board operates with constitutional grounding.
• The Department serves as a professional administrative arm.
• Oversight commissions monitor performance.

• Rulemaking authority may become more volatile.
• Educational standards may fluctuate with election cycles.
• Long-term educational stability may decline.

• Bond ratings tied to educational funding stability,
• County-level financial planning,
• Teacher recruitment and retention.

• Predictable formula calculations,
• Professional guidance,
• Compliance interpretation,
• Special education administration.

• Accreditation,
• Transportation aid,
• Personnel allocation,
• Special education mandates.

• Weakening constitutional supervision,
• Politicizing educational administration,
• Centralizing fiscal control without independent oversight,
• Creating federal compliance vulnerability,
• Undermining long-term system stability.

1. No Added Due Process Protections The bill does not expand procedural safeguards for appellants. It does not clarify standards of review, evidentiary thresholds, or ensure heightened protections where professional certification or licensure is implicated.
2. Executive Branch Concentration The Office of Administrative Hearings remains within the executive branch structure. The bill does not establish additional independence measures for Administrative Law Judges (ALJs), nor does it address appointment, removal, or oversight mechanisms to ensure impartiality.
3. No Transparency Enhancements HB 5450 does not require publication of appeal outcomes, reporting of reversal rates, or public access to decision data. Without transparency metrics, structural relocation alone does not guarantee improved fairness.
4. No Remedy for Potential Systemic Bias If concerns exist regarding investigative practices, referral standards, or internal enforcement discretion, those issues are not addressed by this bill. Changing jurisdiction does not resolve underlying structural inequities if they exist.
5. No Fiscal or Efficiency Justification Provided The bill does not clearly demonstrate that transferring appeals to OAH will reduce costs, improve timelines, or enhance consistency. Without measurable performance benchmarks, the Legislature cannot evaluate whether this change produces material improvement.

1. A public performance audit under W. Va. Code §4-2-5 (Legislative Auditor authority),
2. Clear standards for registration and certification under the Office of Health Facility Licensure and Certification,
3. Transparent reporting requirements for any facility receiving state funds or court referrals, and
4. Enforcement mechanisms for noncompliance.

1. Lack of Clear Emergency Criteria: Current law allows emergency declarations when conditions are found to exist that “warrant” the proclamation. There is no objective standard in the statute or this bill requiring publicly accessible documentation justifying such declarations. Without clear benchmarks, emergency authority can be invoked unevenly or without sufficient empirical basis.
2. Transparency and Public Reporting: This bill restructures the emergency response commission but does not require regular public reporting of its actions, emergency triggers, or performance measures. Given West Virginia’s recent experiences with environmental and public health issues — including challenges in public communication of contamination risks — transparent reporting should be mandatory, not optional.
3. Potential for “Reactive” Rather Than “Preventative” Governance: Emergency declarations are inherently reactive. Without strengthening preventive oversight — e.g., requiring hazard risk assessments or public accessibility of monitoring data — there is a risk that emergencies will be used to address problems that could have been mitigated through stronger regulation and enforcement.
4. Interactions with Other Regulatory and Oversight Structures: This bill does not consider how emergency governance interacts with evolving state policies related to environmental regulation, corporate incentives, infrastructure oversight, or public disclosure. The absence of explicit connection points between emergency governance and other oversight bodies increases the likelihood of siloed decision-making and insufficient checks on authority.

• Objective criteria and documentation for emergency declarations (with a public record).
• Periodic reporting to the Legislature and citizens on emergency preparedness, declarations, and responses.
• Independent commissioners or public health/oversight representation on the State Emergency Response Commission.
• Clear public access to monitoring data and emergency response actions.

I feel like this is a very important bill that needs passed. The childcare systems should be put in the front of the line just like school. They're the backbone for our working families and children. The childcare system needs more funding and should get paid for not just  the 1 or 2 days a week that some only show up for  they should get paid based on enrollment to ensure funds are being met for the centers.

• This bill is based on a FALSE PREMISE that ALL families who file an NIO to homeschool while involved in a truancy process are simply looking for an “easy out”, and the bill omits safeguards for the students who have a LEGITIMATE NEED to exit a public school system in an immediate timeframe.
• There can be compelling reasons for a student’s absence from school: severe bullying, personal conflict or bullying from a teacher, mental health issues, etc.  Assuming they are looking for an “easy out” and requiring such a student to keep attending school could indeed cause harm to the child.
• According to the National Household Education Survey, the number one reason parents choose to homeschool is concern about school environment, including classroom safety, drugs, bullying, or negative peer pressure. In other words, for their children’s safety. Unfortunately, the threat of injury is not an excuse for missing school under West Virginia law.
• Lacking reasonable safeguards for such situations, this bill essentially prohibits well intended parents from acting in the best interest of their child.

• The existing law provides a mechanism for superintendents to seek to deny the homeschooling option by filing a petition in court. This is the best solution for whatever problem exists. It maintains due process, enables parents to act in the best interest of the child, and gives superintendents a directive to act whenever the parent is not acting in the best interest of the child.
• Rather than using the existing authority and maintaining due process, this bill creates an “easy out” for the school system by enacting a blanket prohibition that has a high likelihood of negative impact on some children’s well-being.
• Even if a majority of truants did not have legitimate reasons to withdraw to homeschool, some students do have a very real need to leave the school system quickly. Provisions must be made to preserve their well-being, too!

• There is no mention or impact on Hope students, microschools, etc.

• It doesn’t define when the “pre-petition process” begins. It is possible that this process could start as soon as the student has three unexcused absences.  The bill is susceptible to subjective and inconsistent application, i.e. overreach and misuse.
• The factual findings in the bill are neither "factual" nor "findings"--they're negative assumptions about homeschoolers without any citation to objective evidence supporting the need for the legislation in the first place.  The “findings” seem based on negative assumptions about homeschooling rather than objective facts.
• Finding (2) is not at all germane to the bill’s stated purpose or the provisions to be enacted in section (b). Rather it seems placed there to simply cast aspersion toward homeschoolers, generally.

• The directive for the Department of Education to survey families who leave the public school to homeschool is not germane to the stated purpose of the bill.  Further, the survey again only targets one group of non-public school alternatives (homeschooling, and no others).  Once again, this raises equal protection concerns regarding the constitutionality of the directive.
• The language for the survey is broad and invites the State to invade the privacy of families. If the goal of a survey is to collect accurate data that can be used to better identify the drivers of the decision to file an NOI to homeschool, that research is already available.
  • COE - Homeschooled Children and Reasons for Homeschooling by the National Center for Educational Statistics.
  • How many US students are homeschooled, and for what reasons? | Pew Research Center

• This bill is based on a FALSE PREMISE that ALL families who file an NIO to homeschool while involved in a truancy process are simply looking for an “easy out”, and the bill omits safeguards for the students who have a LEGITIMATE NEED to exit a public school system in an immediate timeframe.
• There can be compelling reasons for a student’s absence from school: severe bullying, personal conflict or bullying from a teacher, mental health issues, etc.  Assuming they are looking for an “easy out” and requiring such a student to keep attending school could indeed cause harm to the child.
• According to the National Household Education Survey, the number one reason parents choose to homeschool is concern about school environment, including classroom safety, drugs, bullying, or negative peer pressure. In other words, for their children’s safety. Unfortunately, the threat of injury is not an excuse for missing school under West Virginia law.
• Lacking reasonable safeguards for such situations, this bill essentially prohibits well intended parents from acting in the best interest of their child.

• The existing law provides a mechanism for superintendents to seek to deny the homeschooling option by filing a petition in court. This is the best solution for whatever problem exists. It maintains due process, enables parents to act in the best interest of the child, and gives superintendents a directive to act whenever the parent is not acting in the best interest of the child.
• Rather than using the existing authority and maintaining due process, this bill creates an “easy out” for the school system by enacting a blanket prohibition that has a high likelihood of negative impact on some children’s well-being.
• Even if a majority of truants did not have legitimate reasons to withdraw to homeschool, some students do have a very real need to leave the school system quickly. Provisions must be made to preserve their well-being, too!

• There is no mention or impact on Hope students, microschools, etc.

• It doesn’t define when the “pre-petition process” begins. It is possible that this process could start as soon as the student has three unexcused absences.  The bill is susceptible to subjective and inconsistent application, i.e. overreach and misuse.
• The factual findings in the bill are neither "factual" nor "findings"--they're negative assumptions about homeschoolers without any citation to objective evidence supporting the need for the legislation in the first place.  The “findings” seem based on negative assumptions about homeschooling rather than objective facts.
• Finding (2) is not at all germane to the bill’s stated purpose or the provisions to be enacted in section (b). Rather it seems placed there to simply cast aspersion toward homeschoolers, generally.

• The directive for the Department of Education to survey families who leave the public school to homeschool is not germane to the stated purpose of the bill.  Further, the survey again only targets one group of non-public school alternatives (homeschooling, and no others).  Once again, this raises equal protection concerns regarding the constitutionality of the directive.
• The language for the survey is broad and invites the State to invade the privacy of families. If the goal of a survey is to collect accurate data that can be used to better identify the drivers of the decision to file an NOI to homeschool, that research is already available.
  • COE - Homeschooled Children and Reasons for Homeschooling by the National Center for Educational Statistics.
  • How many US students are homeschooled, and for what reasons? | Pew Research Center

The title of this bill alone, the 'Child Captivity Prevention Act,' is a disgusting insult to every homeschooling family. It reveals a staggering bias, suggesting that parents who choose to homeschool are 'captors' rather than educators. The state can't even seem to figure out what is best for the children in public school, as evidenced by our consistent rankings in education. Lawmakers' time would be better focused to that end.

​This legislation is a clear attempt to deter innocent homeschooling families from moving to West Virginia. By requiring a mandatory DoHS 'wellness visit' for every new homeschooling family, you are treating law-abiding citizens as criminals the moment they cross the state line. If the state truly believes the actions of one individual justify mass surveillance of an entire group, then your logic is fundamentally broken. What is next, mandatory pelvic exams for all children, just in case? Or will that also only be for homeschooled children?

​We should never assume that everyone with something in common is dangerous or should have fewer rights. As a country, we have seen the tragedy that occurs when groups are targeted based on their characteristics, such as skin color. It was wrong then, and it is still wrong now. In America, we punish the guilty for their crimes; we do not strip the rights of the innocent to 'pre-empt' a crime that hasn't happened.

​Furthermore, our Department of Human Services is already notoriously overwhelmed. Forcing them to waste taxpayer money conducting 'wellness visits' on innocent families is a slap in the face to the children truly in danger who are currently waiting for help. This bill isn't about safety, it is an offensive overreach that treats every parent as a suspect until proven otherwise. I urge the committee to reject this mean-spirited attack on the homeschooling community.

1. I urge the support of this bill as a mother who relys on childcare to provide for my home. It took two years for me to get accepted to a childcare facility due to low availability, as a result of unfulfilled employment at childcare facilities. These workers are not paid what they deserve, but at the least they deserve a benefit for doing the work that most parents rely on to keep the world moving. If West Virginia really wants to see more folks working, we as a state need to invest in those who keep our parental employees employed, starting with our childcare workers and providers. When our childcare centers are staffed and able to work, we will also see the workforce showing up to work.

Regarding HB 4517: