A controversial bill to impose Connecticut’s first regulations on homeschooling gained final passage in the Senate after lengthy debate Monday evening. Senators voted, largely along party lines, passing the legislation 22-14 just before midnight.

has faced pushback from Republicans at every stage of the legislative process, backed by a large and vocal body of homeschooling families who see the new regulations as an attack on their rights and freedoms. It narrowly cleared the Education Committee and underwent to win over hesitant Democrats.

The version approved by both chambers imposes two new rules for Connecticut. The first is that all families — not just homeschoolers — must submit a form each year identifying how their children will be educated, be that through public, nonpublic or homeschooling. The second is that anyone removing a child from school to provide education at home may not be under investigation by the state Department of Children and Families or on the state child abuse and neglect registry. Those already homeschooling are grandfathered in.

These rules are designed to close what proponents say are blind spots in the systems Connecticut relies on to protect children from abuse.

At the outset of Senate debate, Education Committee co-Chair Sen. Douglas McCrory, D-Hartford, observed that schoolteachers are required to pass a similar DCF check. He said it only makes sense to apply that same standard when the child’s teacher is their parent.

“It was very important to know that the adults who are responsible for educating these children do not have a history of harming children,” McCrory said.

Many homeschool advocates, however, bristle at the idea of any kind of government involvement and contend the DCF check amounts to an accusation that the homeschool community is rife with abuse. Many feel the state is overreaching its authority, an argument that has found sympathetic ears among Republicans.

“What is at stake in H.B. 5468 is not simply homeschooling, but the meaning of liberty itself,” said Education Committee Ranking Member Sen. Eric Berthel, R-Watertown.

Proponents have stated repeatedly that they believe most homeschooling families do a great job and that the legislation merely brings Connecticut in line with what other states do. Connecticut currently has some of the least restrictive rules around homeschooling in the country.

After the House vote in late April, the bill’s survival hinged on whether the Senate would take it up before the legislature’s rapidly-approaching May 6 deadline.

Ironically, it was Senate Republicans who sent a strong public signal the bill would advance when they called a press conference last Thursday to denounce it. Joining them were religious leaders from the Education Association of Christian Homeschoolers in Connecticut and the Family Institute of Connecticut, as well as the national homeschooling legal advocacy group HSLDA.

Berthel said at the event that he believed the bill would be called in the coming days. Speaking to an audience of several homeschooling parents and children, he characterized the legislation as an attempt to “destroy your way of life.”

“It needs to stop. And the way that it stops, ladies and gentlemen, is on Nov. 3. Vote them out. Do not send them back to this building,” Berthel said.

It’s not clear where the broader public stands on the bill — or, indeed, how many people are aware of it — as most testimony and comment has come from members of the homeschooling community.

“My experience with this legislation, outside this building and outside this community, is people are shocked to learn this is not already the law in Connecticut,” said Education Committee co-Chair Rep. Jennifer Leeper, D-Fairfield.

Republicans planned to introduce more than three dozen amendments when the bill was finally called in the Senate, though they acknowledged they had little hope of changing the final vote.

Nine Republican amendments were called and debated. All nine failed.

Many Republican senators argued the state would be better served by reforming DCF, which has come under intense criticism — including recently, in a from Acting Child Advocate Christina Ghio that called attention to of a child who had interacted with the department.

Berthel read the letter on the floor of the Senate Monday.

In that case, the child died in an apparent suicide less than an hour after asking a DCF worker to be placed into foster care during a home visit. Though Ghio’s letter did not say the children in the home were being homeschooled, it specified that they were not enrolled in school. The case was the latest in a series of deaths that have lawmakers concerned about the quality of work at DCF and the lack of homeschooling regulation.

(Separately, the Senate gave final passage to a bill on Monday intended to and otherwise support the agency’s workers and the families they serve.)

Berthel suggested that the new homeschool regulations in H.B. 5468 would violate the U.S. Constitution, echoing a similar argument made by HSLDA attorney Ralph Rodriguez during last week’s press conference. Berthel quoted the U.S. Supreme Court case Pierce v. Society of Sisters, in which the court stated “the child is not the mere creature of the state.”

“That line marks a boundary,” Berthel said. “Parents do not exercise their role at the pleasure of a regulatory scheme like the one before us tonight.”

Berthel also questioned the wisdom of using the child abuse and neglect registry as the standard for determining whether parents can homeschool. The standard of evidence, he said, is low, and the decision is not judicial, but administrative. In other words, there’s no court process — the agency makes an internal decision to put someone on the list. (That person can appeal, first to the agency, and then to a court.)

The bill does stipulate that if a parent’s attempt to withdraw a child for homeschooling is denied, the local school district must provide information on how to challenge the findings of the DCF check.

As the debate came to a close, just before midnight Monday, Senate President Pro Tem Martin M. Looney, D-New Haven, suggested that the Republican concerns had thoroughly mischaracterized the legislation.

“It seems that opponents of this bill are engaging in an ideological debate over issues and concerns that are not reflected in this bill at all,” Looney said.

“This is a very minimal degree of regulation,” he said of the two rules the bill would introduce. “Our state lags behind most other states in protection of children and making sure that children who are removed from the public school setting are protected.”

He compared the scope of the regulations to those around driving under the influence.

“Because we have laws against drunk driving and laws against reckless driving does not mean that we are looking to infringe upon the rights of reasonable and responsible drivers,” Looney said.

The bill heads next to Gov. Ned Lamont for his signature.

This first appeared on and is republished here under a .

Kate was ultimately diagnosed with dyslexia, and the ensuing years of private school and tutors it took to get her the help she needed shaped the lives of both her parents. In Baton Rouge, Laura opened a charter school for students with dyslexia. In Washington, the moderate Republican advocates for changes in federal policy. 

Now ranking member of the Senate education committee, Sen. Cassidy has a powerful perch from which to draw attention to a reading disability that affects an estimated Americans. “At some point you’ve got to concede that the status quo is not working,” he told ����Ӱ��. “If you look at reading scores, they’ve not budged.”

But student achievement hasn’t budged much at Louisiana Key Academy either. The school, which Laura Cassidy co-founded in 2013, has never earned higher than an F in the state’s school grading system. Its performance score this year — based mostly on state test results — is 39.9, compared to a .

At the same time, the school has won praise for providing targeted, foundational literacy instruction for students who were grade levels behind in their traditional schools. Parents whose children failed to develop reading skills in district schools, even with special education, have watched them gain confidence and earn good grades at Key. The state board recently granted the charter approval to expand to two additional sites and add a high school. 

“There is huge demand for Key Academy,” said Caroline Roemer, executive director of the Louisiana Association of Public Charter Schools. But though the school is clearly filling a void, officials shouldn’t let up on holding charters like Key accountable for students’ progress, she said.

“We will never say choice is enough,” she said. Academic improvement should also be the objective, she said, bluntly adding that it’s important for schools to find “the balance between the power of choice [and] the expectation that the goal is to suck less.”

The earlier, the better 

At a time of heightened interest in how children learn to read, the Cassidys’ combined work demonstrates the challenges — and also, the paradoxes — facing families with dyslexic children and the schools they attend.

To Laura Cassidy, a retired surgeon, the F on the state’s report card is not a reflection of dyslexic students’ ability to learn. Many arrive in third, fourth and fifth grade when parents realize they aren’t catching up with their peers. 

“After January, most traditional schools teach to the [state test], and we don’t do that. We’re trying to produce fluent readers,” she said. “The earlier they come to our school, the better because they’re in an environment where they’re like, ‘Oh, OK, I’m not the only one who was struggling with this and I’m not stupid.’ ” 

Despite the F, the school earns a B from the state for student progress. Its performance score has increased since 2019 when it was 36.3. 

When their children are younger, many parents are more concerned with their improvement than hitting state proficiency targets, said DeJunné Clark Jackson, president of the nonprofit Center for Literacy and Learning, near New Orleans. But as they prepare for graduation, those grades tend to matter more,

“The reality is the school is swimming upstream,” said Jackson, also a leader of parent advocacy group Decoding Dyslexia Louisiana. But it’s “reaching parents in a place of desperation.”

Angela Normand hit that point when her son Max was in third grade. He was getting D’s and F’s in reading at his school in Tangipahoa Parish, about 40 miles from Baton Rouge. Teachers told her that boys sometimes learn to read more slowly than girls. But even with special education, he didn’t improve.

He entered Key Academy in January 2020, and within two months, “he was reading every sign on every building,” she said. Despite remote learning through the end of the school year, Max’s reading skills grew stronger. Now in sixth grade, he has five A’s and one B. 

She said the “unfair, inaccurate grade” the state gives the school has probably deterred other parents from exploring whether Key Academy can help their children.

‘The plight of families’

The low grade hasn’t hurt state support. When the school first renewed its charter in 2018, the board added an to evaluate schools that serve students well below grade level. While Key Academy students must still take the Louisiana Educational Assessment Program, the schools also give additional standardized tests that measure students’ phonological, fluency and vocabulary skills.

State accountability systems “are not set up to deal with a school like this,” said John White, former Louisiana state superintendent. The adults responsible for Key Academy’s students, he added, “were not the adults who were there for the origin of the students’ struggles.”

He credited the Cassidys for simultaneously “drawing attention to the plight of families” whose children have dyslexia and advancing school choice. 

A second school opened this year in Covington, east of Baton Rouge, despite opposition from the local St. Tammany Parish district, where there has never been a charter. A third site will open in Shreveport next year. An October report from the state board, supporting the expansion, said the charter offers “compelling evidence” for its model and would provide something that doesn’t otherwise exist in that area.

The Cassidys, meanwhile, have advocated for reforms that would impact all Louisiana schools, including that recognizes training in dyslexia therapy in teacher licensing. 

‘Not blue or red’

At the federal level, Sen. Cassidy— still a practicing gastroenterologist — focuses on some of the same thorny issues facing dyslexic students. He demonstrated his awareness of those challenges during a committee hearing last summer on pandemic learning loss.

“Did they fall further behind than their peers?” he asked Connecticut Education Commissioner Charlene Russell-Tucker about students with reading disabilities. “Do you screen children for dyslexia?” 

And he in 2021 that would make dyslexia a separate disability under the Individuals with Disabilities Education Act. Currently, it’s part of a larger “specific learning disability” category. The change, he said, would draw more attention to dyslexia and help ensure students get help earlier, especially since don’t require screening.

But his bill faces resistance from some special education advocates. Denise Marshall, CEO of the Council of Parent Attorneys and Advocates, said learning disabilities “tend to co-occur” and that removing dyslexia from that category might cause educators to miss other needs.

White, Louisiana’s former state superintendent, hopes Sen. Cassidy’s role on the committee will also prompt conversation about foundational reading skills at a time when states and districts have federal relief funds to train teachers and purchase curriculum.

“Now,” he said, “would be an opportunity for some leadership in Washington to say, ‘Lets connect the dots.’ ” 

Sen. Cassidy said Sen. Bernie Sanders, the committee chair, will set the agenda. But he hopes to work with Democrats on the issue, mentioning Sen. John Hickenlooper of Colorado, who about own struggles with dyslexia, and Sen. Maggie Hassan, who in 2016 when she was governor of New Hampshire.

“This issue is not blue or red,” Sen. Cassidy said. “This is, ‘Do I care about a child achieving potential even if the child learns differently?’ I’d like to think that would give us a lot of common ground.”

Now that the Democrats will stay in control of the Senate next year, Vermont Sen. Bernie Sanders, a far-left independent, has officially announced his intention to chair the education committee. According to a statement from his office, he’ll likely focus more on higher education and health care issues than K-12.

Meanwhile, conservative Sen. Rand Paul of Kentucky — in line to be the top Republican on the committee — that he will instead take the role of ranking member on the Homeland Security and Governmental Affairs Committee. That leaves Louisiana Sen. Dr. Bill Cassidy as the next Republican in line for the job. Cassidy, an advocate for , is also considering a

The progessive believes in free college for all and wants to triple funding for poor schools.

The conservative once campaigned to abolish the U.S. Department of Education.

One is the son of a former Libertarian Party candidate for president and sounds a consistent drumbeat on schools: The federal government should stay out.

The other, ranked by one scorecard, is a self-described democratic socialist known for pushing just one education cut — to charter schools.

But in the latest example of the nation’s topsy-turvy politics, Vermont Independent Bernie Sanders and Kentucky Republican Rand Paul will soon be first in line to run the Senate education committee.

“They’re a heck of an odd couple,” said Rick Hess, a senior fellow and director of education policy studies at the conservative American Enterprise Institute.

“Alpha and omega,” quipped Jack Jennings, a retired education policy expert and former Democratic staffer for the House.

Depending on the outcome of this week’s election, the two firebrands are the top contenders to be chair and ranking member of the Senate HELP Committee, which also oversees health, labor and pension issues. While it may seem increasingly inaptly named in an era of gridlock and rabid partisanship, the committee wields considerable power, overseeing a $235 billion education budget and issues from special education to preventing sexual harassment and discrimination in schools.

With Republicans already proposing to restrict lessons on gender identity and sexual orientation and the Biden administration engulfed in a to wipe out billions of dollars in student loan debt, there’s plenty of potential for the two to clash. Neither senator’s office responded to requests for comment.

The succession battle is triggered by the expected transition of longtime chair Patty Murray of Washington to a leadership position on the appropriations committee — that is, if she wins  against a suddenly formidable challenger—  and the retirement of ranking member Sen. Richard Burr of North Carolina.

From COVID closures to parent protests at school board meetings, the committee has seen its share of hot-button topics over the past two years. While hearings have been clearly partisan, Murray and Burr have kept the tone fairly civil.

Bethany Little, principal at EducationCounsel, a consulting firm, sees it as the end of an era in which members wanted “to get things done.” That’s how it was, she said, when she worked for the committee under former Democratic chairs Edward Kennedy and Tom Harkin. 

“There is a shift in the posture of the people taking charge and their interest in making a deal and being able to find middle ground,” she said.

The ascendency of Sanders/Paul — or Paul/Sanders — is by no means assured. Earlier this year, Senate Minority Leader Mitch McConnell said he expects Paul to run the committee if the GOP flips the Senate. But first, Paul has to defend his seat in Congress, which he’s expected to do in solidly Republican Kentucky. Sanders, for his part, would have to give up chairmanship of the budget committee. 

Some say that’s a switch he’d be likely to make. 

The senator “got his green money,” Hess said, referring to climate-related provisions in the Inflation Reduction Act. But for free preschool and community college, part of the original version of that bill, fell by the wayside. 

Sanders recently said he’d like to revive efforts to pass what he has described as “transformational” programs for families, such as the larger child tax credit that was part of the American Rescue Plan. But he never wanted to stop at two years of free community college. He wants to be free and for the federal government to cancel all student debt.

As an advocate for , the chairmanship would also allow him to lead the panel that oversees the government’s various health-related agencies.

Health care issues might also be a reason why Paul, an eye surgeon, would savor the chance to chair the committee. Paul is known for his regular with medical adviser Dr. Anthony Fauci over COVID policies and vaccines. Paul wants to investigate allegations that tie Fauci to the virus’s creation by funding research in China. While Fauci categorically denies the allegations, an Oct. 20 Paul fundraising email declares, “If you help me win, I promise to subpoena every last document of Dr. Fauci’s unprecedented coverup.”

“He’s so off the rails on just about everything,” said Charles Barone, a former Democratic staffer in the Senate and now vice president of K-12 policy with Democrats for Education Reform, a think tank. “His level of combativeness and his general aversion to anything bipartisan is problematic.”

Paul was the among the handful of Republicans to the Every Student Succeeds Act in 2015. Aside from wanting to put Education Secretary Miguel Cardona out of a job, he also proposes sending federal directly to parents.

Jennings said moderate Republicans on the committee — Sens. Susan Collins of Maine, Lisa Murkowski of Alaska and Mitt Romney of Utah — could mitigate some of Paul’s  rhetoric.

But as for the Vermont senator, he said, “I don’t think there’s any restraint on Sanders. He speaks his mind.”

As Election Day nears, predictions on whether Democrats will hold onto the Senate change almost by the hour. According to election forecaster FiveThirtyEight, they are now in a with Republicans, who in the polls.

Regardless of who leads the committee, as long as one party holds a slim majority, there’s little chance members would advance bipartisan bills, said Michelle Dimino, deputy director of education for Third Way, a center-left think tank. 

“It’s more likely to stay in the realm of hearings and investigations,” she said. 

Hess said he could see Republicans questioning how districts are spending COVID relief money, and Jennings added that they would likely try to stop the Biden administration’s move to cancel student debt.

“There’s enough for them to muck around in,” Jennings said.

Possible common ground

Despite their differences, the two iconoclasts have one thing in common: They are both known for bucking their own parties — a trait that could make them occasional allies. One issue where the pair could find common ground is testing and accountability. the federal requirements to assess students annually as “Washington’s intrusion into the classroom,” and Sanders is an of standardized testing.

They might also find agreement on protecting student privacy. Paul has sought to roll back government surveillance programs, and Sanders is “wary about big tech collecting data” on students, said Lindsay Fryer, senior vice president of Penn Hill Group, an education lobbying firm.

Paul is also up for the top Republican seat on the homeland security committee and has said he doesn’t plan to make until after the election. That committee the , which would still give Paul a chance to put his stamp on expanding school choice.

Republicans want to see the program, which serves about 1,800 students, have “stable financial footing,” said Lindsey Burke, director of the Center for Education Policy at the conservative Heritage Foundation. Right now, she said, it exists “at the whim of Congress.”

American Federation of Teachers President Randi Weingarten is among those who probably hopes he’ll choose homeland security. She told ����Ӱ�� that the prospect of him leading the education committee “absolutely” keeps her up at night as she travels the country for Democratic candidates.

Given how far apart the parties are on education, leaders might have no problem with Paul and Sanders promoting their out-of-the-mainstream ideas.

But the opposite could also be true. 

Hess said Republicans could regret giving more attention to the idea of eliminating the education department. Likewise, he said, the “Democrats might be better off if Sanders doesn’t have such a visible, public platform to talk about giving money away.”

����Ӱ��’s senior reporter Jo Napolitano contributed to this report.