HSLDA Files Federal FERPA Complaint Against Connecticut's Public Act 26-37
Purcellville, VA, July 15, 2026 (GLOBE NEWSWIRE) -- The Home School Legal Defense Association (HSLDA) announced today that it has filed a complaint with the U.S. Department of Education alleging that Connecticut's Public Act 26-37 violates the federal Family Educational Rights and Privacy Act (FERPA) by requiring public schools to disclose homeschool families' personally identifiable information to the Department of Children and Families (DCF).
The complaint asks the Department of Education to investigate whether Connecticut's mandatory referral requirement unlawfully compels school districts to release protected student records without parental consent or a recognized exception under federal law.
"This law treats every homeschooling family as a suspect," said HSLDA President Jim Mason. "It doesn’t respond to a specific concern or allegation of wrongdoing, and there is no court order. Under this law, a parent's decision to educate their own child at home is enough to trigger a government records check. That is not what FERPA permits, and we have asked the U.S. Department of Education to enforce federal privacy law."
Signed into law by Gov. Ned Lamont on May 26, 2026, Public Act 26-37 requires local school districts to automatically notify DCF whenever parents withdraw a child from public school for homeschooling—referred to in the statute as "parent-managed learning." HSLDA argues that the mandatory disclosure of student information exceeds what federal law allows.
Because the U.S. Supreme Court has held that FERPA does not provide families with a private right of action, HSLDA says the Department of Education is the only entity authorized to enforce the statute.
"The law will not take effect until July 1, 2027, meaning no families have yet been directly harmed," Mason said. "That makes a lawsuit difficult at this stage because of standing requirements. Filing a complaint with the Department of Education is currently the appropriate legal avenue, and we are confident the Department will carefully review whether Connecticut's law complies with FERPA."
According to HSLDA's complaint, Public Act 26-37 conflicts with FERPA 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.
In addition to the FERPA concerns, Public Act 26-37 imposes a mandatory 14-day waiting period before a student's withdrawal for homeschooling becomes effective and permanently bars homeschooling in households where a member appears on the state's abuse and neglect registry, regardless of when the placement occurred or whether it resulted from a judicial determination. These registry placements may be based on a low evidentiary "reasonable cause to believe" standard and many challenged placements are later overturned.
HSLDA is confident the U.S. Department of Education will take these concerns seriously and fully look into the significant issues regarding Connecticut’s Public Act 26-37.
About HSLDA
Founded in 1983, the Home School Legal Defense Association advocates for the rights of homeschooling families across the United States. HSLDA provides legal representation, educational resources, and advocacy to protect homeschool freedom.
Titus Prude HSLDA 5403388624 titusp@hslda.org
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