In 2018, Raylee Browning died from the abuse and neglect of her parents after she had been pulled from public school. The case of Raylee Browning inspired what was supposed to be a part of House bill 5180. This bill, Raylee’s Law, would prevent parents with a history of domestic violence from homeschooling and stop parents from pulling their child out of public schools or continuing to homeschool during a CPS investigation. While this bill passed the House in a bipartisan manner, it never got passed the Senate.
To understand Raylee’s law better, looking at her life gives us an idea of how it could prevent child abuse. Raylee was abused by her father and his girlfriend from a very young age. She was said to be on 7 different medications for autism and mood disorders, which were likely used to subdue her unnecessarily and blame any injuries she sustained on a disability. Many times she had been taken to the hospital for many different injuries, including a broken femur. Teachers at Raylee’s school eventually noticed how she always came to school hungry and bruised, calling CPS a multitude of times. Later, Sherie, the father’s girlfriend, pulled Raylee out of school to isolate her and hide the neglectful treatment. After a while, Raylee died of dehydration. She was punished by being told she couldn’t drink for three days. Her sister, V, said that Raylee eventually became so thirsty she resorted to drinking from the toilet. Her death came soon after, only a day after Christmas.
Unfortunately, many states have little to no regulation on homeschooling, lacking an outside view to ensure safety. This leaves a loophole open for parents, and leaving these loopholes open will be detrimental to children across the country. The HIC database says, “In 11 states, parents do not have to make any notification, effectively nullifying compulsory education law by creating ‘truancy loopholes.’ Only one state enforces the requirement that all homeschooled children be consistently assessed for academic progress, and no state requires all homeschooled children to come into contact with a mandated reporter” (HIC database, 4). Without a requirement to assess a child’s learning, you can not tell if that child is truly being homeschooled or if they are simply not being educated.
Without protections around education from parents, Raylee won’t, and likely hasn’t been the last to suffer such abuse. Child Torture as a Form of Child Abuse, a study by Barbara Knox showed, “Twenty-nine percent of school-age children were not allowed to attend school—An additional 47 % who had been enrolled in school were removed under the auspice of ‘homeschooling’” (Knox, 3). Using data of child fatality rates, it was found that homeschooled children have a significantly higher rate of death than children in proper schools. In Homeschooling’s Invisible Children (HIC), which includes data on abuse and neglect in homeschool settings, it is reported, “Among nearly 500 cases of abuse in our database, we have identified nearly 200 fatalities of homeschooled children since 2000” (HIC database, 5). Due to homeschooling limiting the interactions a child has, it is difficult to put statistics on how often abuse and homeschooling coincide. However, it is undeniable that homeschooling can easily hide abuse from the public eye. As Mike Pushkin, the man who proposed Raylee’s law, said, “If we save one kid’s life with this, it is worth it.”
Some say that Raylee’s law may obstruct a parent’s right to homeschool, but when that right could infringe on the child’s rights, it should be assured that this cannot be exploited. Not all children who are homeschooled in America get a proper education because of the lack of laws around homeschooling. In Raylee’s case, she was forced to stand in one place for hours or walk around the halls instead of being taught the typical math, English, science, and social studies. Knox’s study on child torture victims states, “Review of these cases found no true educational efforts were provided to the homeschooled children. Their isolation was accompanied by an escalation of physically abusive events” (Knox, 3). It seems absurd that parents can isolate their children for years under the guise of giving them an education, while in reality, in some states, they can refuse to teach their children, and the law is none the wiser.
Homeschooling can be a great option for parents with the time and ability to teach and children who do not enjoy the environment of traditional schools. Despite this, proper regulation is mandatory to make homeschooling a safe alternative choice. The Home School Legal Defense Association (HSLDA) is publicly strongly against Raylee’s law. Mike Donnelly wrote in an article for the HSLDA that Raylee’s law is, “unconstitutional, un-American, and unnecessary.” (Donnelly, 1) What is truly unconstitutional is the way a child’s life, liberty, and ability to pursue happiness can be taken from them if a vituperative parent decides they want to.
The lack of publicity around Raylee’s law is likely the reason it was not passed. Most likely, the people who knew about Raylee’s law knew it would lead to major consequences for them or stop them from isolating their child. The only way to prevent this abuse in homeschool settings is to create more laws around it to protect the children’s rights, and Raylee’s law could be the first step towards a more secure education.
