After decades of parental rights victories, Connecticut may become the first state to go backwards on homeschool freedom in the past 50 years. The Connecticut Senate advanced a bill attacking homeschooling families by a vote of 22 to 14, mostly along party lines. Three Democrats joined all Republicans in opposition. The measure cleared the House 96-53 last week, with four Democrats crossing the aisle to stand with Republicans.
Those margins fall short of the two-thirds supermajority required in both chambers to override a gubernatorial veto.
Connecticut families now have only one remaining safeguard. Leadership should respect the fundamental right of parents to direct the upbringing and education of their children and block this Orwellian legislation.
The proposal would force homeschooling families to prove their innocence to the government before they can educate their own kids at home. It requires annual notices of intent and background checks by the Department of Children and Families when a child is withdrawn from public school. Families would be barred from homeschooling altogether if a parent or any other adult in the household faces an active DCF investigation or appears on the state’s abuse and neglect registry.
For decades, states across the country have steadily expanded parents’ rights to direct their children’s education. This legislation reverses that progress in one stroke.
“Everyone agrees that child abuse is a serious concern and the government has an important role in addressing it,” Home School Legal Defense Association attorney Ralph Rodriguez said. “But expanding regulation over thousands of homeschooling families is unlikely to solve failures that occur within the child protection system itself.”
Added Mr. Rodriguez: “The more effective approach is to strengthen the institutions responsible for identifying and responding to abuse rather than placing new regulatory burdens on families exercising their constitutional rights.”
Democrat-led states have launched similar assaults on homeschooling in recent years. Proposals surfaced in California, Illinois, and New Jersey. Those efforts stalled or failed — for now. Connecticut has now emerged as the latest battleground. During floor debate, Sen. Rob Sampson (R) delivered a powerful closing statement: “Parents are not subjects–they are citizens–and they do not need the permission of this state government or anyone in this room to educate their own children.”
Such a broad attack on parental rights is blatantly unconstitutional. The Supreme Court has repeatedly affirmed the primacy of parents over the state when it comes to child-rearing decisions. If the proposal becomes law, parents should challenge it in court, where it deserves to be struck down.
In Pierce v. Society of Sisters (1925), the Supreme Court declared that “the child is not the mere creature of the State.” The state cannot override parents’ authority without compelling justification. Wisconsin v. Yoder (1972) protected Amish parents’ right to direct their children’s education beyond the eighth grade. Meyer v. Nebraska (1923) struck down a state law restricting foreign-language instruction, affirming parents’ liberty “to establish a home and bring up children” and “to control the education of their own.”
Homeschool Legal Defense Association President James R. Mason put the problem plainly: “As the US Supreme Court has affirmed, a state cannot treat every parent as a potential threat simply because some parents do wrong. That presumption of suspicion — applied universally, before any evidence of harm — is, in the court’s own word, ‘repugnant’ to American tradition.”
Mr. Mason also noted that “the way Connecticut places families on the registry has been ruled unconstitutional by the Court of Appeals for the 2nd Circuit, which includes Connecticut.”
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Even if approved, the bill may have little immediate bite. During the May 4 floor debate, it was even admitted that the legislation as written lacks an enforcement mechanism. Parents denied approval by the government could simply continue homeschooling their children with no consequences for noncompliance.
That admission raises an obvious question. If the bill carries no real penalties, why adopt it at all? The rational explanation is that this might be the opening move in a longer campaign. Collecting data and establishing oversight on innocent families today sets the stage for clamping down with real enforcement teeth tomorrow.
Connecticut has no business targeting homeschool families while its own public schools are failing spectacularly. In Hartford, only 16 percent of students are proficient in math and 18 percent are proficient in reading. This dismal performance comes despite annual per-student spending exceeding $25,000. Lawmakers should focus on fixing the government monopoly schools under their control before harassing families who have chosen to raise and educate their own children.
Connecticut should block this proposal and send a clear message that the state stands with parents, not against them. Parental rights are not privileges granted by the state. They are fundamental liberties that government exists to protect.
