Understanding PA 26-37 in Plain Language

We are going to cover the new statute in its entirety, section by section, so people can understand both the language and the real-world consequences it may create. We will also address portions that appear vague, inconsistent, or open to misuse by individuals unfamiliar with homeschooling law and procedure.

Connecticut families have experienced these kinds of problems before, including cases where school districts improperly escalated matters to DCF after families legally withdrew to homeschool. Concerns about the misuse of DCF involvement in homeschooling disputes are well documented and publicly discussed. This review is intended to provide clear explanations, context, and practical understanding of how the statute could affect families. It is not to create fear or speculation. It is to carefully examine the statute, explain it in plain language, identify areas that may create conflict or confusion, and help families make informed decisions moving forward. Here we go…

The language of the statute is published here: AN ACT CONCERNING THE PROVISION OF PARENT-MANAGED LEARNING.

The beginning; this includes, in brackets, the “old” section of 10-184 that is repealed:

AN ACT CONCERNING THE PROVISION OF PARENT-MANAGED
LEARNING.

Be it enacted by the Senate and House of Representatives in General
Assembly convened:

Section 1. Section 10-184 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2027)

[All parents and those who have the care of children shall bring them up in some lawful and honest employment and instruct them or cause
them to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and in citizenship,
including a study of the town, state and federal governments. Subject to the provisions of this section and section 10-15c, each parent or other person having control of a child five years of age and over and under eighteen years of age shall cause such child to attend a public school regularly during the hours and terms the public school in the district in which such child resides is in session, unless such child is a high school graduate or the parent or person having control of such child is able to show that the child is elsewhere receiving equivalent instruction in the studies taught in the public schools. For the school years commencing July 1, 2011, to July 1, 2022, inclusive, the parent or person having control of a child seventeen years of age may consent, as provided in this section, to such child’s withdrawal from school. For the school year commencing July 1, 2023, and each school year thereafter, a student who is eighteen years of age or older may withdraw from school. Such parent, person or student shall personally appear at the school district office and sign a withdrawal form. Such withdrawal form shall include an attestation from a guidance counselor, school counselor or school administrator of the school that such school district has provided such parent, person or student with information on the educational options available in the school system and in the community. The parent or person having control of a child seventeen years of age may withdraw such child from school and enroll such child in an adult education program pursuant to section 10-69. Such parent or person shall personally appear at the school district office and sign an adult education withdrawal and enrollment form. Such adult education withdrawal and enrollment form shall include an attestation (1) from a school counselor or school administrator of the school that such school district has provided such parent or person with information on the educational options available in the school system and in the community, and (2) from such parent or person that such child will be enrolled in an adult education program upon such child’s withdrawal from school. The parent or person having control of a child five years of age shall have the option of not sending the child to school until the child is six years of age and the parent or person having control of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. The parent or person shall exercise such option by personally appearing at the school district office and signing an option form. The school district shall provide the parent or person with information on the educational opportunities available in the school system.]

~~~~~~~

(a) As used in this section and sections 2 and 3 of this act: (1) “Parent-managed learning” means the provision of education that is managed by a parent or guardian of a child in a setting other than a public school or nonpublic school.

PLAIN LANGUAGE MEANING: 

“Parent-managed learning” means a parent or guardian is personally directing and overseeing their child’s education instead of enrolling the child in a public or private school.

In practical terms, this is the bill’s term for homeschooling or home-based education. The definition is broad and focuses on who manages the education — the parent or guardian — and the fact that it takes place outside of a public or nonpublic school setting.

~~~~~~~

(2) “Nonpublic school” means a school that is not a public school and that (A) is approved by the Department of Education following such school receiving accreditation by an accrediting agency approved by the Department of Education, or (B) files a student attendance report with the Commissioner of Education pursuant to section 10-188, as amended by this act. 

PLAIN LANGUAGE MEANING: 

A “nonpublic school” is any school that is NOT a public school, but it only counts as an officially recognized nonpublic school if it does one of these two things:

  1. It gets accredited by an approved accrediting organization AND then gets approved by the Connecticut State Department of Education.

OR

  1. It files a student attendance report with the Connecticut Commissioner of Education under Connecticut law.

In simpler terms:

The state is saying that private/nonpublic schools must either:

  • be formally accredited and state-approved,
    or
  • report student attendance information to the state.

The important part many people are noticing is this:

A school can become “recognized” by simply filing attendance reports with the state — even if it is not accredited.

That potentially creates a pathway where the state is defining who is officially considered a legitimate nonpublic school based on registration/reporting compliance.

Also important:
This definition does NOT automatically mean homeschool families are “nonpublic schools.” That depends on how the rest of the bill/statutes define parent-managed learning, equivalent instruction, reporting obligations, and whether homeschool programs are being folded into this framework indirectly. The surrounding language matters a lot.

~~~~~~~

(b) All parents and guardians of children shall bring such children up in some lawful and honest employment and instruct or cause such children to be instructed in reading, writing, spelling, English grammar, geography, arithmetic and United States history and citizenship, including a study of town, state and federal governments. Subject to the provisions of this section and section 10-15c, each parent or guardian of a child, who is five years of age or over and under eighteen years of age and not a high school graduate, shall cause such child to (1) enroll in public school regularly during the hours and terms the public school in the district in which such child resides is in session, (2) attend a nonpublic school, or (3) be instructed through parent-managed learning.

PLAIN LANGUAGE MEANING:

Parents are legally responsible for making sure their children:

  • are raised responsibly,
  • learn basic academic subjects,
  • and receive some form of education until adulthood (unless they graduate earlier).

The listed required subjects are:

  • reading
  • writing
  • spelling
  • grammar
  • geography
  • math
  • U.S. history and citizenship/government

Then the law says children ages 5 through 17 must be educated in ONE of three ways:

  1. Public school
    OR
  2. A nonpublic school
    OR
  3. “Parent-managed learning” (the new legal term replacing or redefining homeschooling/equivalent instruction)

So in plain English:

The state is establishing three officially recognized educational pathways:

  • public school,
  • private/nonpublic school,
  • or parent-managed learning.

What is especially important strategically/legalistically is this:

Older Connecticut law focused mostly on the parent’s duty to provide “equivalent instruction.”
This newer structure instead categorizes children into state-recognized educational systems.

That sounds subtle, but it matters because:

  • once “parent-managed learning” becomes a formally defined category,
  • the state can attach separate rules, forms, reporting requirements, timelines, records retention, or oversight mechanisms specifically to that category.

Another important shift:
The phrase “cause such child to…” means the legal obligation is on the parent, not the child.

And the inclusion of “parent-managed learning” here effectively elevates it from informal/common terminology into a codified statutory education category under Connecticut law.

~~~~~~~

(c) (1) Except as provided in subdivision (2) of this subsection, for the school year commencing July 1, 2028, and each school year thereafter, on or before October first of each school year, the parent or guardian of a child
(A) enrolled in a public school,
(B) attending a nonpublic school,
(C) being instructed through parent-managed learning and
(i) who will be five years of age on or before September first of the school year, or
(ii) for whom an intent to educate form or a withdrawal form was completed for the prior school year, or
(D) for whom an option form for the prior school year was signed, shall annually cause to be completed an intent to educate form to indicate whether such child will be enrolled in a public school, attending a nonpublic school or instructed through parent-managed learning for the school year. Such completed intent to educate form shall be submitted to the school district office for the town in which such parent or guardian resides. If such child will be attending a nonpublic school, the parent or guardian shall provide evidence to show that such child will be attending a nonpublic school. Such intent to educate form may be completed and submitted electronically to the school district office. For purposes of this subdivision,
(i) attendance of a child in a public school, or
(ii) the filing of an annual student attendance report by a nonpublic school for which a child attends pursuant to section 10-188, as amended by this act, shall be regarded as compliance with the requirement that a parent or guardian of a child cause an intent to educate form be completed for the school year. 

PLAIN LANGUAGE MEANING: 

Starting with the 2028–2029 school year, parents must file paperwork every year telling the school district how their child is being educated.

That paperwork is called the “intent to educate form.”

The form must state whether the child will:

  • attend public school,
  • attend private/nonpublic school,
  • or be in parent-managed learning.

The form must be submitted to the local school district office by October 1 each year.

If the child attends a private/nonpublic school, the parent must provide proof of that attendance.

Now here is where the wording becomes messy and concerning.

The law says this applies to children:

  • who “will be five years of age on or before September first,”
    OR
  • who already had prior forms filed.

As you correctly noticed, that first category effectively captures almost ALL school-age children going forward.

Why?

Because once a child turns 5, they stay over 5 forever.

So the wording:
“will be five years of age on or before September first”
does NOT say:

  • “newly turning five”
  • “entering compulsory education”
  • “not previously exempt”
  • or “not grandfathered.”

It simply describes any child who is at least five years old by September 1.

That is why lawyers are calling this sloppy drafting.

The legislators may verbally claim:
“older homeschoolers are grandfathered.”

But:

  • the bill does not clearly say that,
  • the word “grandfathered” never appears,
  • and there is no explicit exemption section carving older students out.

So districts reading this literally could reasonably interpret it as:
“Every child age 5+ must now annually file.”

That creates a serious implementation problem because:

  • some districts may interpret it narrowly,
  • others broadly,
  • and some aggressively.

And once inconsistent district interpretation begins, families often end up having to fight over “what the legislature intended” versus “what the statute actually says.”

Courts and districts generally look first to:

  1. the actual statutory text,
    not
  2. verbal reassurances from legislators.

Another subtle but important point:

This language creates an annual reporting structure tied directly to local districts.

Even though attendance at public school or a private school can count as automatic compliance, families in “parent-managed learning” are specifically being routed into a recurring annual declaration system with district-level filing obligations.

That is a structural change from the old “equivalent instruction” framework, which was far less formalized in statute.

~~~~~~~

(2) The parent or guardian of a child five years of age shall have the option of not sending the child to school until the child is six years of age and the parent or guardian of a child six years of age shall have the option of not sending the child to school until the child is seven years of age. Such parent or guardian shall exercise such option by personally appearing at the school district office for the town in which such parent or guardian resides and signing an option form. The school district shall provide such parent or guardian with information on the educational opportunities available in the school system.

PLAIN LANGUAGE MEANING:

Parents can delay formal school attendance:

  • from age 5 until age 6,
    and
  • from age 6 until age 7.

But to do that, the parent must:

  • go in person to the school district office,
  • sign an “option form,”
  • and receive information from the district about school programs.

In simple terms:

If your child is 5 or 6, you can legally choose not to send them to school yet — but you must officially notify the district in person.

Now, here is where the concerns arise.

This section creates:

  • a mandatory in-person interaction with the school district,
  • even for families who are simply delaying school entry,
  • not withdrawing,
  • not truant,
  • and not accused of anything.

That is a structural shift toward formal district registration/contact.

And it also creates another paper trail tied to the child.

You also correctly notice another drafting issue here:

This subsection interacts awkwardly with the previous subsection.

Why?

Because subsection (1) broadly says children age 5+ require annual intent-to-educate handling.

Then subsection (2) says parents of 5- and 6-year-olds may opt out of attendance temporarily by signing an option form.

But the relationship between:

  • the annual intent-to-educate requirement,
  • the option form,
  • and supposed “grandfathering”
    is not cleanly explained.

That creates ambiguity such as:

  • Does a child using the option form still trigger annual filing requirements?
  • Does the option form itself place the child into the tracking/reporting system?
  • What happens once the child turns 7?
  • Does prior filing permanently place the child into ongoing annual compliance requirements?

The bill repeatedly uses phrases like:
“for whom an option form for the prior school year was signed,”
which can create continuing obligations once someone enters the system.

That is part of why critics are calling portions of this poorly drafted and operationally messy:
the cross-references and triggering conditions are broad, overlapping, and not clearly limited.

~~~~~~~

(3) For the school year commencing July 1, 2028, and each school year thereafter, the parent or guardian of a child who moves into a school district during the school year shall, not later than fourteen days after moving into such school district, complete an intent to educate form to indicate whether such child will be enrolling in public school, attending
a nonpublic school or instructed through parent-managed learning. Such completed intent to educate form shall be submitted to the school district office for such school district. If such child will be attending a nonpublic school, the parent or guardian shall provide evidence to show that such child will be attending a nonpublic school. Such intent to
educate form may be completed and submitted electronically to the school district office.

PLAIN LANGUAGE MEANING: 

Starting in the 2028–2029 school year, if a family moves into a new school district during the school year, the parent must notify the new district within 14 days how the child is being educated.

The parent must file an “intent to educate form” stating whether the child will:

  • attend public school,
  • attend private/nonpublic school,
  • or be in parent-managed learning.

If the child will attend a private/nonpublic school, the parent must provide proof of that.

The form can be submitted electronically.

In simpler terms:

Moving into a district automatically triggers a reporting requirement.

So even if a family:

  • already filed somewhere else,
  • has been homeschooling for years,
  • or has no issues whatsoever,

they must still report to the new district within two weeks of moving.

Now, the broader concern people are seeing is this:

The bill is creating an ongoing district-based registration and tracking structure tied to residency.

The trigger is no longer merely:
“Are you educating your child?”

It becomes:
“Where do you live, and has the district received the required forms?”

That is a significant operational shift.

And again, there is ambiguity because the bill does not clearly explain:

  • how records transfer between districts,
  • whether prior filings satisfy the requirement,
  • what happens if districts interpret the rules differently,
  • or what enforcement mechanisms apply if deadlines are missed.

Another issue:
the statute repeatedly treats “parent-managed learning” differently from public school attendance.

Public school enrollment automatically satisfies requirements through the school system itself.

But parent-managed learning families remain individually responsible for filing and re-filing paperwork directly with districts whenever:

  • years change,
  • districts change,
  • or status changes.

That creates a distinctly separate administrative category for those families.

~~~~~~~

(4) For the school year commencing July 1, 2028, and each school year thereafter, the parent or guardian of a child who withdraws from attending a nonpublic school shall complete an updated intent to educate form to indicate whether such child will be enrolling in public school, attending a different nonpublic school or instructed through parent-managed learning. Such updated intent to educate form shall be submitted to the school district office for the town in which such parent or guardian resides. If such child will be attending a different nonpublic school, the parent or guardian shall provide evidence to show that such child will be attending such different nonpublic school. Such updated intent to educate form may be completed and submitted electronically to the school district office.

PLAIN LANGUAGE MEANING: 

Starting in the 2028–2029 school year, if a child leaves a private/nonpublic school, the parent must notify the local school district and file an updated form explaining what happens next.

The parent must state whether the child will:

  • enroll in public school,
  • attend a different private/nonpublic school,
  • or move into parent-managed learning.

If changing to another private school, the parent must provide proof.

The form can be submitted electronically.

In simple terms:

A child leaving private school automatically triggers district notification and reporting requirements.

So this creates another “event-triggered” filing system:

  • moving districts → file
  • changing educational status → file
  • withdrawing from nonpublic school → file

Now, here are some important structural/legal concerns people are noticing.

One major issue:
the bill increasingly treats education choices as status conditions requiring state notification and administrative approval-style documentation.

Even though the state may argue:
“This is just informational.”

Operationally, it creates:

  • recurring mandatory disclosures,
  • district-level tracking,
  • and compliance pathways attached to exercising educational choice.

Another important point:

Notice how public school families are largely handled automatically by the system itself.

But families outside the public system must repeatedly self-report.

That unequal administrative burden can become constitutionally relevant in litigation depending on:

  • how enforcement occurs,
  • whether penalties develop,
  • whether districts interpret requirements aggressively,
  • and whether the framework chills lawful homeschooling/private education choices.

Now to the drafting/weakness issues.

One obvious ambiguity:
This section applies when a child “withdraws from attending a nonpublic school.”

But:

  • what counts as “withdrawal”?
  • temporary leave?
  • midyear transfer?
  • illness?
  • hybrid schooling?
  • administrative disenrollment?

The statute does not define it clearly.

Another issue:
There is no clear limiting principle on district data retention, inter-district sharing, or long-term tracking obligations in these sections themselves.

The law repeatedly creates:

  • forms,
  • updates,
  • continuing filings,
  • and proof obligations,

without clearly defining:

  • boundaries,
  • deletion rules,
  • misuse protections,
  • or remedies for improper district conduct.

Another legal vulnerability critics may raise:
the statute increasingly converts educational choice into a monitored administrative classification system tied to local government oversight.

That becomes constitutionally sensitive because:
homeschooling and private education rights have historically been protected under parental liberty doctrines from cases like:

  • Pierce v. Society of Sisters
  • Meyer v. Nebraska

Those cases generally protect parents’ rights to direct the upbringing and education of their children.

So if a system begins functioning less like simple attendance administration and more like:

  • mandatory registration,
  • continuous disclosure,
  • or conditional permission structures,

that is where constitutional arguments tend to intensify.

~~~~~~~

(d) For the school year commencing July 1, 2028, and each school year thereafter, any local or regional board of education that does not receive a completed intent to educate form on or before November first from a parent or guardian pursuant to subdivision
(1) of subsection
(c) of this
section, shall make at least three attempts to contact such parent or guardian for the purpose of informing such parent or guardian that they are required to complete an intent to educate form for the current school year. If the board is unable to make such contact with such parent or
guardian by November first, the board shall notify the Department of
Education that the board has not received a completed intent to educate
form from such parent or guardian.

Starting in the 2028–2029 school year, if a school district does not receive the required “intent to educate form” by November 1, the district must try at least three times to contact the parent.

The purpose of those contacts is to tell the parent:
“You are required to file this form.”

If the district still cannot reach the parent by November 1, the district must report that fact to the Connecticut Department of Education.

In simple terms:

If a parent does not file the form, the district starts a follow-up and escalation process.

And if the parent cannot be reached, the state Department of Education gets notified.

Now, this is where the structure becomes much more significant.

This section effectively creates:

  • a compliance monitoring system,
  • a nonresponse escalation process,
  • and a state notification mechanism tied specifically to educational filing compliance.

Critics are likely to view this as moving beyond simple “recordkeeping.”

Why?

Because the law now creates:

  1. mandatory annual filing,
  2. district monitoring for noncompliance,
  3. mandatory district pursuit/contact attempts,
  4. and state-level reporting if compliance is not achieved.

That begins to resemble an administrative enforcement framework.

Now, some important weaknesses and ambiguities.

First:
The statute does not clearly define what counts as a valid “attempt to contact.”

Is it:

  • email?
  • phone?
  • certified mail?
  • voicemail?
  • one-way messaging app?
  • sending something home?

Different districts could interpret this very differently.

Second:
The law does not specify what happens after the Department of Education is notified.

That is a major open-ended area.

The statute says the district “shall notify” the Department of Education —
but it does not clearly define:

  • what the Department then does,
  • whether investigations begin,
  • whether referrals occur,
  • whether enforcement mechanisms exist,
  • or what due process protections apply.

That ambiguity matters legally because broad reporting systems without clear procedural limits can create concerns about:

  • arbitrary enforcement,
  • unequal district practices,
  • and mission creep.

Third:
There is no explicit safe harbor for:

  • families who never received the form,
  • families who misunderstood the requirements,
  • mail delivery issues,
  • database errors,
  • or districts using outdated addresses.

Yet the reporting escalation still proceeds.

Another important constitutional angle critics may raise:

The statute appears to shift the relationship between homeschool/private education families and the state from:
“parents exercising a protected educational choice”
toward:
“parents required to maintain ongoing compliance registration with governmental monitoring.”

That distinction matters.

Courts have historically allowed reasonable educational regulation —
but systems that become overly intrusive, coercive, vague, or selectively burdensome can face constitutional scrutiny under parental rights, due process, vagueness, or equal protection theories.

And as you noted, another politically and legally sensitive concern is the broader context:
many opponents argue the original justification for these systems was tied to child-protection narratives, while the final language repackaged portions into “education administration.”

Critics may therefore argue that:
although the labels changed, the operational effect still creates surveillance-style monitoring mechanisms targeted disproportionately at nonpublic educational families.

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(e) (1) For the school year commencing July 1, 2027, and each school year thereafter, the parent or guardian of a child enrolled in public school may withdraw such child from public school for the purpose of causing such child to attend a nonpublic school. Such parent or guardian shall personally appear at the school district office and sign a withdrawal form. Such withdrawal shall not be effective unless such parent or guardian provides evidence to show that such child will be attending a nonpublic school.

PLAIN LANGUAGE MEANING: 

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PAGE 6
(2) (A) Subject to the provisions of subparagraph
(B) of this
subdivision, for the school year commencing July 1, 2027, and each school year thereafter, the parent or guardian of a child enrolled in public school may withdraw such child from public school for the purpose of causing such child to be instructed through parent-managed learning. Such parent or guardian shall personally appear at the school district office and sign a withdrawal form. Such withdrawal shall not be effective until the superintendent of schools, or the superintendent’s designee, notifies such parent or guardian that such child may be withdrawn following receipt of notice under subparagraph
(B) of this
subdivision.

PLAIN LANGUAGE MEANING: 

Starting in the 2027–2028 school year, if a parent wants to remove their child from public school in order to homeschool (“parent-managed learning”), the parent must:

  • go in person to the school district office,
  • sign a withdrawal form,
  • and then WAIT for the superintendent (or superintendent’s designee) to notify them that the child may be withdrawn.

In simple terms:

The parent cannot simply withdraw the child immediately.

The withdrawal is not legally effective until the school administration says it is.

That is one of the most legally and constitutionally significant sections in the bill.

Why?

Because this language moves beyond:
“Parent gives notice.”

And into:
“Parent must wait for administrative authorization before the withdrawal becomes effective.”

Even though the statute uses softer wording (“notify”), operationally the district is inserted directly into the withdrawal process as a gatekeeper.

Now, notice something critically important:

The previous subsection about withdrawing into a private school said:
the withdrawal is ineffective unless proof is provided.

But THIS subsection goes further.

Here:
the withdrawal is ineffective until the superintendent notifies the parent that withdrawal may occur after another process happens under subparagraph (B).

That means:

  • homeschooling withdrawals are treated differently from private school withdrawals,
  • and more restrictively.

That distinction itself may become constitutionally important.

Now, the major legal and drafting concerns.

First:
The statute does not give a clear deadline here for how quickly the superintendent must respond.

That creates enormous ambiguity.

Questions immediately arise:

  • 1 day?
  • 5 days?
  • 30 days?
  • indefinitely delayed?
  • what if the superintendent is unavailable?
  • what if paperwork is disputed?

The statute here does not clearly say.

That creates potential due process and vagueness concerns.

Second:
The phrase:
“may be withdrawn”
strongly implies discretionary administrative authority.

Even if lawmakers later claim:
“Oh, it’s automatic.”

That is NOT what the wording naturally communicates.

Courts often examine:

  • the plain meaning,
  • operational effect,
  • and actual implementation.

And the plain wording here absolutely reads as:
the district must authorize completion of the withdrawal process.

Third:
This creates a potentially dangerous limbo period.

If:

  • the parent believes the child is withdrawn,
    but
  • the district says withdrawal is not yet effective,

then:

  • truancy accusations,
  • attendance disputes,
  • or reporting conflicts
    could arise.

The statute does not clearly explain what happens during that interim period.

Fourth:
The bill appears to create unequal treatment between educational choices.

Private school:

  • provide proof.

Parent-managed learning:

  • provide forms,
  • appear in person,
  • wait for superintendent notification,
  • undergo whatever comes next in subparagraph (B).

That differential treatment may become relevant under constitutional scrutiny.

And finally — probably the most important constitutional issue critics will raise:

This language can be interpreted as conditioning the exercise of a fundamental parental educational right on prior administrative clearance.

That is legally explosive territory.

Because under cases like:

  • Pierce v. Society of Sisters
  • Meyer v. Nebraska

parents generally possess the right to direct the education of their children without needing government permission first.

A court challenge could therefore argue that this section effectively transforms homeschooling withdrawal into a permission-based system rather than a notice-based system.

~~~~~~~

PAGE 6
(B) Not later than two business days following receipt of a withdrawal form under this subdivision, the superintendent of schools, or the superintendent’s designee, shall cause to be conducted with the Department of Children and Families a records check of each person who resides with such child and is eighteen years of age or older. Such records check shall include the following: Whether such person is (i) on the state child abuse and neglect registry established pursuant to section 17a-101k, or (ii) currently under investigation by the Department of Children and Families for an allegation of abuse or neglect under section 17a-101g. If such records check finds that any such person is on the state child abuse and neglect registry or currently under investigation by the department for an allegation of abuse or neglect, such withdrawal shall not be effective and such child may not be withdrawn from public school pursuant to this subdivision. Not later than five business days following the commencement of such records check, the superintendent, or the superintendent’s designee, shall notify such parent or guardian whether such withdrawal is effective. If such withdrawal is not effective, the superintendent, or the superintendent’s designee, shall provide such parent or guardian with the reason such withdrawal is not effective and information regarding how such parent or guardian may challenge the findings of such records check, including the appropriate contact information of the Department of Children and
Families.

PLAIN LANGUAGE MEANING: 

When a parent tries to withdraw a child from public school for homeschooling (“parent-managed learning”), the school district must contact the Connecticut Department of Children and Families (DCF) within two business days and run a records check on every adult age 18 or older living in the home.

DCF checks whether anyone in the household:

  • is listed on the state child abuse and neglect registry,
    OR
  • is currently under DCF investigation for abuse or neglect.

If ANY adult in the household matches either category:

  • the child is NOT allowed to be withdrawn for homeschooling,
  • and the withdrawal is considered ineffective.

The superintendent must notify the parent within five business days whether the withdrawal is approved or denied.

If denied, the district must tell the parent:

  • why,
  • and how to challenge the DCF findings.

Now, in plain reality:

This section explicitly ties homeschooling withdrawal rights to DCF screening and investigation status.

That is why many people viewed this as one of the most controversial and constitutionally vulnerable parts of the bill.

Because operationally, this means:

A family cannot homeschool if:

  • anyone in the household is under investigation,
    even if:
  • there has been no finding,
  • no substantiation,
  • no hearing,
  • and no conviction.

That is a massive legal issue.

Being “under investigation” is not the same as being guilty.

DCF investigations can begin from:

  • anonymous reports,
  • mistaken reports,
  • retaliatory reports,
  • screening decisions,
  • or unsubstantiated allegations.

Yet this language allows an active investigation alone to block withdrawal.

That raises serious due process concerns.

Now, here are the major legal and structural vulnerabilities critics would likely target.

First:
This creates a prior restraint on homeschooling.

The state is not punishing proven abuse after adjudication.

Instead, it blocks educational choice BEFORE any finding based merely on investigation status.

That is constitutionally sensitive.

Second:
The statute applies to ANY adult living in the household.

Not merely:

  • the parent,
  • legal guardian,
  • or educational instructor.

So theoretically:

  • an adult sibling,
  • roommate,
  • grandparent,
  • uncle,
  • adult child,
  • or unrelated cohabitant
    could trigger denial.

That breadth is extraordinary.

Third:
The law effectively deputizes DCF into the educational withdrawal process.

As you noted earlier, critics argue this blurs — or outright merges — child protection authority with educational regulatory authority.

DCF is fundamentally a child welfare investigative agency, not an educational approval agency.

Yet here:
its databases and investigations directly determine whether educational withdrawal rights can be exercised.

That is a profound structural shift.

Fourth:
The phrase:
“withdrawal shall not be effective”
again makes homeschooling conditional upon government clearance.

Not merely notice.

Not merely reporting.

Clearance.

Fifth:
The statute does not require:

  • substantiated abuse,
  • judicial findings,
  • criminal convictions,
  • or imminent danger findings.

Merely:

  • registry status,
    OR
  • current investigation.

And registry inclusion itself can sometimes be administratively contested or appealed.

Sixth:
There are vagueness and procedural problems.

The law says parents may challenge findings —
but:

  • no hearing timeline is defined,
  • no expedited appeal process is guaranteed,
  • no educational continuity protections are specified,
  • and no standards for district discretion are outlined.

So families could end up trapped in administrative limbo.

Seventh:
This section creates unequal treatment between educational pathways.

Notice:

  • families moving to private school do NOT undergo DCF household screening,
  • but families moving to parent-managed learning DO.

That differential treatment could become central in litigation.

Especially if the state cannot prove:

  • the distinction is narrowly tailored,
  • evidence-based,
  • or constitutionally proportionate.

And finally — probably the largest constitutional issue:

Critics would likely argue this section burdens a fundamental parental right based on suspicion rather than adjudication.

Under constitutional doctrines involving:

  • parental liberty,
  • due process,
  • vagueness,
  • and potentially equal protection,

a court may ask:

  • Is this narrowly tailored?
  • Is there evidence this system is effective?
  • Is investigation status alone sufficient?
  • Why are homeschoolers singled out but not private school transfers?
  • Why does an unrelated adult in the household matter?
  • Why is DCF functioning as a gatekeeper to educational choice?

Those are exactly the kinds of questions this language invites.

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(C) A records check under this subdivision is not a report for purposes of sections 17a-101a to 17a-101d, inclusive, or section 17a-103.