HB 5537 and the Last Hours of the 2026 Legislative Session

by | Mar 16, 2026 | Featured Articles, Legislative, News

HB 5537 began as an innocuous bill repealing parts of outdated code in the education section of the law. It passed the House without fanfare and was sent to the Senate. However, in the last hours of the session, the Senate amended the bill and gave it a new title and a different purpose––Raylee’s Law.

An objection was raised that the amendment wasn’t relevant, and Senate President Randy Smith (R-Preston) made a ruling that agreed with the objection, but his ruling was challenged, and enough Senators voted that it was relevant to keep the amendment alive. The amended bill was passed by the Senate on the afternoon of the 59th day of the 60-day session.

CHEWV, WVHEA, and HSLDA all sent out calls to action that evening, and many responded. Facing a major uphill battle and knowing the majority of the House had already supported some form of Raylee’s Law in the session already, CHEWV’s alert emphasized the need to pray that God’s will be done.

The following day––the final day of the session––the House delayed taking up the bill until other business was completed, and the debate on HB 5537 didn’t begin until the last 48 minutes of this year’s session. Many delegates saw this bill for what it was––a flawed bill that would accomplish very little except to create confusion due to its faulty wording.

After 45 minutes of debate and parliamentary maneuverings, the House approved the Burkhammer Amendment (Adam Burkhammer, R-Lewis) which removed language related to home instruction and replaced it with a requirement that DHS must investigate any abuse complaints coming from a county superintendent within 24 hours. (This is the type of effective approach that CHEWV has advocated for the last six years, since this issue was first raised.) Delegates Laura Kimble (R-Harrison), Henry Dillon (R-Wayne), and Chris Anders (R-Berkeley) also offered amendments to the bill, all of which were strategically important––as were floor comments made by Delegates Crouse, Burkhammer, Kimble, and others. The clock struck midnight and the session expired before the Senate could react to the House’s new amended version of HB 5537.

We are thankful that God heard our prayers! We know that He stands for the weak, the abused, and the neglected. As Christians, so should we. As Delegate Burkhammer put it during his floor speech, “I don’t care what time it is, our job is to write good law…we need to protect kids.” To which we say, “Amen!”  We hope that momentum will build into next session to do just that!

To the degree that it can be done in this complicated, fallen world, and in a nation dedicated to the legal doctrines of “equal protection” and “due process,” we will advocate for good, effective laws to help protect the Raylee Brownings and Kynnedi Millers while still allowing law-abiding parents to act in the best interest of their children. That will require the wisdom that comes from God alone.