Constitutional Violations of HB-5468
Summary comparison of the Connecticut Constitution and violations of parental rights
Prepared by Attorney Deborah G. Stevenson, NHELD
Preamble to the Connecticut Constitution
The people of Connecticut established their Constitution to “define, secure and perpetuate the liberties, rights and privileges which they have derived from their ancestors.”
Concern if HB-5468 is adopted:
The bill threatens to undermine the longstanding liberty of parents to direct the upbringing and education of their children.
Article First
Section 2
“All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit.”
Concern:
HB-5468 places government agencies—particularly the Department of Children and Families—in a position to effectively approve or deny a parent’s decision to educate their own child, shifting authority away from families.
Section 7
“The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures…without probable cause supported by oath or affirmation.”
Concern:
The bill authorizes the collection and sharing of family and student records without traditional warrant standards or probable cause, raising potential search and seizure concerns.
Section 8
“No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law.”
Concern:
If records are collected and shared without due process safeguards, parents and students could be compelled to produce information that may later be used against them without adequate legal protections.
Section 10
“All courts shall be open, and every person…shall have remedy by due course of law.”
Concern:
In Connecticut, juvenile and family court proceedings involving abuse or neglect are closed to the public, meaning allegations against parents are adjudicated without public transparency. Expanding government oversight without transparency raises additional due-process concerns.
Article Eighth – Education
Section 1
“There shall always be free public elementary and secondary schools in the state.”
Concern:
Article Eighth establishes the state’s duty to maintain public schools. Critics argue that HB-5468 extends state authority beyond public education into private family education decisions, which may exceed the constitutional scope of the legislature’s authority.
Section 4 – School Fund
The School Fund must remain dedicated to supporting public schools.
Concern:
Opponents argue that using public-school resources or funding mechanisms to monitor families who have withdrawn from public school diverts the fund’s purpose away from supporting public schools themselves.
Conclusion
Connecticut legislators swear an oath to uphold the Connecticut Constitution. Opponents of HB-5468 argue that the bill conflicts with multiple constitutional protections involving parental rights, due process, and limits on government authority.
For these reasons, they believe the bill should be rejected.