Controversial Connecticut House Bill 5468 is making news again.
As we recently discussed in our first blog post about Connecticut’s HB 5468, a total of 3300 pieces of written testimony were submitted in opposition, in addition to nineteen hours of opposing testimony against the bill during the public hearing period, while only four spoke in public testimony for the bill. Supporters of this bill argue that it’s critical in protecting children, and ensures every child gets a decent education, allowing the state to not miss warning signs of abuse. Opponents in the homeschooling community see this bill as an overreach that shifts education from a parental right to something that the state provides permission for.
Late last month, the Home School Legal Defense Association (HSLDA) filed a complaint with the U.S. Department of Education against the most controversial aspect of HB 5468: required background checks on homeschool families and it’s creation of a mandated 14-day holding period prior to being allowed to homeschool. In a letter to the Department of Education, HSLDA asserted that the new requirements for homeschooling in Connecticut conflict with the federal Family Educational Rights and Privacy Act, or FERPA, which regulates access and disclosure of student education records.
Connecticut’s HB 5468 introduces a series of requirements for parents of homeschooling families to prove they are in compliance with state educational standards, tightening restrictions and oversight on homeschoolers in the state. Homeschoolers in Connecticut will also be required to submit an “intent to homeschool” annually. In addition to this, the state has a new process that disallows families from homeschooling if any adult living with the child or intending to educate the child has an active or open investigation with the Department of Child and Family Services, DCF.
What Does This New Legal Challenge Say?
This most recent legal challenge and the overwhelming dissent from homeschooling families has largely centered around the requirement that families may only start homeschooling when they are approved by DCF.
The HSLDA has filed with the U.S. Department of Education, asking them to investigate whether the new requirements which include DCF background checks unlawfully compels school districts to release protected student records without parental consent or a recognized exception under federal law.
According to HSLDA, HR 5468 background check provision conflicts with FERPA which regulates access and disclosure of sensitive student education records in three primary ways:
- It requires disclosure of FERPA-protected education records and personally identifiable information, including student and family names and home addresses.
- It authorizes disclosure for a child-protection screening process rather than an educational audit, evaluation, or compliance activity permitted under FERPA.
- It exceeds Congress’s narrowly tailored exception allowing disclosures to child welfare agencies only when those agencies are already legally responsible for a child’s care.
The department of education has not yet responded to this filing, but HR 5468 will not come into effect until July of next year, and the department of education currently favors school choice policies and there may be updates in the next few months. This may also be the first of many legal challenges we see pop up, as there has been ardent opposition from Connecticut’s homeschooling community.
We are watching this closely and will continue to provide simple, clear information on national homeschool news and policy changes. We update our blog weekly every Monday, so be sure to check back regularly for the latest homeschooling news, with practical insights for families.