After decades of 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 It requires annual notices of intent and background checks by the Department of Children and Families when a child is withdrawn from public school.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 states abuse and neglect registry.
For decades, states across the country have steadily expanded parents rights to direct their childrens 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 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 â 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 subjectsâthey are citizensâand 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 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 childrens 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 â applied universally, before any evidence of harm â is, in the courts 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 for the 2nd Circuit, which includes Connecticut.”
Even if approved, the bill may have little immediate bite. During the May 4 floor debate, it was even admitted that the legislation as writte
