AN ACT CONCERNING THE PROVISION OF PARENT-MANAGED LEARNING.

Substitute House Bill No. 5468

Public Act No. 26-37

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 Section 10 -184 of the general statutes is repealed and the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 an d 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 ch ild 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
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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 scho ol 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 sc hool
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
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public school or nonpublic school.
(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.
(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.
(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 o r instructed through
parent-managed learning for the school year. Such completed intent to
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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.
(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.
(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 electronic ally to the
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school district office.
(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 enro lling 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 electronical ly
to the school district office.
(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 subdivisio n (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.
(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
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attending a nonpublic school.
(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 superintenden t 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.
(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) curre ntly 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 r ecords 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 par ent or guardian with the reason such
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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.
(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.
(D) For purposes of this subdivision, the Department of Children and
Families is a state educational authority pursuant to the Family
Educational Rights and Privacy Act of 1974, 20 USC 1232g, as amended
from time to time, and may receive the educational records of any child
for whom a withdrawal form has been signed.
(3) The parent or guardian of a child seventeen years of age may
withdraw such child from public school and enroll such child in an
adult education program pursuant to section 10 -69. Such parent or
guardian shall personally appear at the school district of fice and sign a
withdrawal form. Such withdrawal form shall include an attestation (A)
from a school counselor or school administrator of the school that such
school district has provided such parent or guardian with information
on the educational options available in the school system and in the
community, and (B) from such parent or guardian that such child will
be enrolled in an adult education program upon such child's
withdrawal from public school.
(4) A student who is eighteen years of age or older may withdraw
from public school. The parent or guardian of such student or such
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, guardian
or student with information on the educational options available in the
school system and in the community.
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Sec. 2. ( Effective July 1, 2026 ) Not later than July 1, 2027, the
Department of Education shall develop the intent to educate form and
withdrawal form, as such forms are described in section 10 -184 of the
general statutes, as amended by this act. The department shall make
such forms available to local and regional boards of education.
Sec. 3. Section 10 -188 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2026):
Attendance of children at a [school other than a public school ]
nonpublic school, as defined in section 10 -184, as amended by this act,
shall not be regarded as compliance with the laws of the state requiring
parents and other persons having control of children to cause them to
attend school, unless the teachers or persons having control of such
nonpublic school file with the Commissioner of Education annual
student attendance reports at such times and in such forms as the
commissioner prescribes, and make such reports and returns
concerning the school under their charge to the Commissioner of
Education as are required from boards of education concerning the
public schools, except that no report concerning finances shall be
required. The Commissioner of Educ ation shall furnish to the teachers
or persons having charge of any nonpublic school such forms as may be
necessary for compliance with the provisions of this section.
Sec. 4. Subdivision (1) of subsection (c) of section 10-10a of the general
statutes, as amended by section 22 of public act 26-1, is repealed and the
following is substituted in lieu thereof (Effective July 1, 2027):
(1) Track and report data relating to student, teacher and school and
district performance growth and make such information available to
local and regional boards of education for use in evaluating educational
performance and growth of teachers and students en rolled in public
schools in the state. Such information shall be collected or calculated
based on information received from local and regional boards of
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education and other relevant sources. Such information shall include,
but not be limited to:
(A) In addition to performance on state -wide mastery examinations
pursuant to subsection (b) of this section, data relating to students shall
include, but not be limited to, (i) the primary language spoken at the
home of a student, (ii) student transcripts, (i ii) student attendance and
student mobility, (iv) reliable, valid assessments of a student's readiness
to enter public school at the kindergarten level, (v) data collected, if any,
from the preschool experience survey, described in section 10 -515, and
(vi) data required pursuant to section 10 -17m concerning the academic
progress of students in bilingual education programs;
(B) Data relating to teachers shall include, but not be limited to, (i)
teacher credentials, such as master's degrees, teacher preparation
programs completed and certification levels and endorsement areas, (ii)
teacher assessments, such as whether a teacher is deemed highly
qualified pursuant to the No Child Left Behind Act, P.L. 107 -110, or
deemed to meet such other designations as may be established by
federal law or regulations for the purposes of tracking the equitable
distribution of instructional staff, (iii) the presence of substitute teachers
in a teacher's classroom, (iv) class size, (v) numbers relating to
absenteeism in a teacher's classroom, and (vi) the presence of a teacher's
aide. The department shall assign a unique teacher identifier to each
teacher prior to collecting such data in the public school information
system;
(C) Data relating to schools and districts shall include, but not be
limited to, (i) school population, (ii) annual student graduation rates,
(iii) annual teacher retention rates, (iv) school disciplinary records, such
as data relating to suspensions, expulsio ns and other disciplinary
actions, (v) the percentage of students whose primary language is not
English, (vi) the number of and professional credentials of support
personnel, (vii) information relating to instructional technology, such as
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access to computers, (viii) disaggregated measures of school -based
arrests pursuant to section 10 -233n, [and] (ix) the measures and data
required pursuant to section 10 -17g for the evaluation of bilingual
education programs, and (x) the number of children being instructed
through parent-managed learning for whom an intent to educate form
was completed or a withdrawal form was signed pursuant to section 10-
184, as amended by this act.
Sec. 5. Subsection (g) of section 17a -28 of the 2026 supplement to the
general statutes is repealed and the following is substituted in lieu
thereof (Effective July 1, 2026):
(g) The department shall disclose records, subject to subsections (b)
and (c) of this section, without the consent of the person who is the
subject of the record, to:
(1) The person named in the record or such person's authorized
representative, provided such disclosure shall be limited to information
(A) contained in the record about such person or about such person's
biological or adoptive minor child, if such person's pa rental rights to
such child have not been terminated; and (B) identifying an individual
who reported abuse or neglect of the person, including any tape
recording of an oral report pursuant to section 17a -103, if a court
determines that there is reasona ble cause to believe the reporter
knowingly made a false report or that the interests of justice require
disclosure;
(2) An employee of the department for any purpose reasonably
related to the performance of such employee's duties;
(3) A guardian ad litem or attorney appointed to represent a child or
youth in litigation affecting the best interests of the child or youth;
(4) An attorney representing a parent, guardian or child in a petition
filed in the Superior Court pursuant to section 17a -112 or 46b -129,
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provided (A) if such records do not pertain to such attorney's client or
such client's child, such records shall not be further disclosed to another
individual or entity by such attorney except pursuant to the order of a
court of competent jurisdiction, (B ) if such records are confidential
pursuant to federal law, such records shall not be disclosed to such
attorney or such attorney's client unless such attorney or such attorney's
client is otherwise entitled to such records, and (C) nothing in this
subdivision shall limit the disclosure of records under subdivision (3) of
this subsection;
(5) The Attorney General, any assistant attorney general or any other
legal counsel retained to represent the department during the course of
a legal proceeding involving the department or an employee of the
department;
(6) The Child Advocate or the Child Advocate's designee;
(7) The Chief Public Defender or the Chief Public Defender's designee
for purposes of ensuring competent representation by the attorneys
with whom the Chief Public Defender contracts to provide legal and
guardian ad litem services to the subjects of such recor ds and for
ensuring accurate payments for services rendered by such attorneys;
(8) The Chief State's Attorney or the Chief State's Attorney's designee
for purposes of investigating or prosecuting (A) an allegation related to
child abuse or neglect, (B) an allegation that an individual made a false
report of suspected child abuse or negle ct, (C) an allegation that a
mandated reporter failed to report suspected child abuse or neglect in
accordance with section 17a-101a, provided such prosecuting authority
shall have access to records of a child charged with the commission of a
delinquent act, who is not being charged with an offense related to child
abuse, only while the case is being prosecuted and after obtaining a
release, or (D) an allegation of fraud in the receipt of public or private
benefits, provided no information identifying t he subject of the record
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is disclosed unless such information is essential to such investigation or
prosecution;
(9) A state or federal law enforcement officer, including a military law
enforcement authority under the United States Department of Defense,
for purposes of investigating (A) an allegation related to child abuse or
neglect, (B) an allegation that an individua l made a false report of
suspected child abuse or neglect, or (C) an allegation that a mandated
reporter failed to report suspected child abuse or neglect in accordance
with section 17a-101a;
(10) A foster or prospective adoptive parent, if the records pertain to
a child or youth currently placed with the foster or prospective adoptive
parent, or a child or youth being considered for placement with the
foster or prospective adoptive parent, and the records are necessary to
address the social, medical, psychological or educational needs of the
child or youth, provided no information identifying a biological parent
is disclosed without the permission of such biological parent;
(11) The Governor, when requested in writing in the course of the
Governor's official functions, the joint standing committee of the
General Assembly having cognizance of matters relating to human
services, the joint standing committee of the General Assembly h aving
cognizance of matters relating to the judiciary or the joint standing
committee of the General Assembly having cognizance of matters
relating to children, when requested in writing by any of such
committees in the course of such committee's offi cial functions, and
upon a majority vote of such committee, provided no name or other
identifying information is disclosed unless such information is essential
to the gubernatorial or legislative purpose;
(12) The Office of Early Childhood for the purpose of (A) determining
the suitability of a person to care for children in a facility licensed
pursuant to section 19a -77, 19a-80, 19a-87b or 19a-421; (B) determining
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the suitability of such person for licensure; (C) determining the
suitability of a person to provide child care services to a child and
receive a child care subsidy pursuant to section 17b -749k; (D) an
investigation conducted pursuant to section 19a -80f; (E) notifying the
office when the Department of Children and Families places an
individual licensed or certified by the office on the child abuse and
neglect registry pursuant to section 17a -101k; or (F) notifying the office
when the Department of Children and Families possesses information
regarding an office regulatory violation committed by an individual
licensed or certified by the office;
(13) The Department of Developmental Services, (A) to allow said
department to determine eligibility, facilitate enrollment and plan for
the provision of services to a child who is a client of said department
and who is applying to enroll in or is enrolled in s aid department's
behavioral services program. At the time that a parent or guardian
completes an application for enrollment of a child in the Department of
Developmental Services' children's services program, or at the time that
said department update s a child's annual individualized plan of care,
said department shall notify such parent or guardian that the
Department of Children and Families may provide records to the
Department of Developmental Services for the purposes specified in this
subdivision without the consent of such parent or guardian; or (B) for
purposes of an investigation pursuant to section 46a-11c;
(14) Any individual or entity for the purposes of identifying resources
that will promote the permanency plan of a child or youth approved by
the court pursuant to sections 17a-11, 17a-111b and 46b-129;
(15) A state agency that licenses or certifies a person to educate, care
for or provide services to children or youths;
(16) A judge or employee of a Probate Court who requires access to
such records in order to perform such judge's or employee's official
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duties;
(17) A judge of the Superior Court for purposes of determining the
appropriate disposition of a child adjudicated as delinquent;
(18) A judge of the Superior Court in a criminal prosecution for
purposes of in camera inspection whenever (A) the court has ordered
that the record be provided to the court; or (B) a party to the proceeding
has issued a subpoena for the record;
(19) A judge of the Superior Court and all necessary parties in a
family violence proceeding when such records concern family violence
with respect to the child who is the subject of the proceeding or the
parent of such child who is the subject of the proceeding;
(20) The Auditors of Public Accounts, or their representative,
provided no information identifying the subject of the record is
disclosed unless such information is essential to an audit conducted
pursuant to section 2-90;
(21) A local or regional board of education, provided the records are
limited to educational records created or obtained by the state or
Connecticut Unified School District #2, established pursuant to section
17a-37;
(22) The superintendent of schools for any school district for the
purpose of determining the suitability of a person to be employed by
the local or regional board of education for such school district pursuant
to subsection (a) of section 10-221d;
(23) The Department of Motor Vehicles for the purpose of criminal
history records checks pursuant to subsection (e) of section 14 -44,
provided information disclosed pursuant to this subdivision shall be
limited to information included on the Department of Child ren and
Families child abuse and neglect registry established pursuant to section
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17a-101k, subject to the provisions of sections 17a -101g and 17a -101k
concerning the nondisclosure of findings of responsibility for abuse and
neglect;
(24) The Department of Mental Health and Addiction Services for the
purpose of treatment planning for young adults who have transitioned
from the care of the Department of Children and Families;
(25) The superintendent of a public school district or the executive
director or other head of a public or private institution for children
providing care for children or a private school (A) pursuant to sections
17a-11, 17a-101b, 17a-101c, 17a-101i, 17a-111b and 46b-129, or (B) when
the Department of Children and Families places an individual
employed by such institution or school on the child abuse and neglect
registry pursuant to section 17a-101k;
(26) The Department of Social Services for the purpose of (A)
determining the suitability of a person for payment from the
Department of Social Services for providing child care; (B) promoting
the health, safety and welfare of a child or youth receiving services from
either department; or (C) investigating allegations of fraud provided no
information identifying the subject of the record is disclosed unless such
information is essential to any such investigation;
(27) The Court Support Services Division of the Judicial Branch, for
the purpose of (A) determining the supervision and treatment needs of
a child or youth or any other person, and provide appropriate
supervision and treatment services to such child or youth or any other
person, or (B) sharing common case records to track recidivism of
juvenile offenders;
(28) The birth-to-three program's referral intake office for the purpose
of (A) determining eligibility of, (B) facilitating enrollment for, and (C)
providing services to (i) substantiated victims of child abuse and neglect
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with suspected developmental delays, and (ii) newborns impacted by
withdrawal symptoms resulting from prenatal drug exposure;
(29) The Department of Public Health for (A) the purpose of
notification when the Commissioner of Children and Families places an
individual licensed or certified by the Department of Public Health on
the child abuse and neglect registry established pursuant to section 17a-
101k, and (B) purposes relating to the licensure of the Albert J. Solnit
Children's Center and the administration of licensing requirements
established pursuant to or set forth in sections 19a-134 and 19a-498;
(30) The Department of Correction, for the purpose of determining
the supervision and treatment needs of a child or youth, and providing
appropriate supervision and treatment services to such child or youth;
(31) Any child placing agency subject to licensure by the Department
of Children and Families, for the purpose of determining the suitability
of a person (A) for employment by such agency, or (B) to adopt or
provide foster care pursuant to sections 17a-114 and 17a-151;
(32) The Department of Administrative Services, for the purpose of
determining whether an applicant for employment with the state, who
would have contact with children in the course of such employment,
appears on the child abuse or neglect registry maintained pursuant to
section 17a-101k;
(33) Any individual, upon the request of such individual, when the
information concerns an incident of abuse or neglect that resulted in the
fatality or near fatality of a child or youth, provided (A) such disclosure
shall be limited to (i) the cause and circumstances of such fatality or near
fatality, (ii) the age and gender of such child or youth, (iii) a description
of any previous reports of or investigations into child abuse or neglect
that are relevant to the child abuse or neglect that led to such fatality or
near fatality, (iv) the findings of any such investigations, and (v) a
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description of any services provided and actions taken by the state on
behalf of such child or youth that are relevant to the child abuse or
neglect that led to such fatality or near fatality, and (B) the department
shall not make any disclosure that is prohibited by the provisions of any
relevant federal law, including, but not limited to, Titles IV -B and IV-E
of the Social Security Act, as amended from time to time. The
department may withhold the disclosure of any records described in
this subdivision if the commissioner determines that such disclosure
may (i) result in harm to the safety or well -being of the child or youth
who is the subject of such records, the family of such child or youth, or
any individual who made a report of abuse or neglect pertaining to such
child or youth, or (ii) interfere with a pending criminal investigation;
[and]
(34) The Office of Policy and Management, for purposes of labor
relations investigations conducted on behalf of the Department of
Children and Families; and
(35) A local or regional board of education pursuant to subdivision
(2) of subsection (e) of section 10-184, as amended by this act.