New Jersey Education Code For Homeschooling
This is not intended to be legal advice and is distributed
for information purposes only. Check for updates at your public
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Compulsory attendance
New Jersey's compulsory education law states that every child
between the ages of six and 16 must attend a public or private
school, or receive "equivalent instruction elsewhere than
at school". N.J. Rev. Stat. § 18A: 38-25.
Teacher certification required? - No
Testing - No
Oversight - None
"Equivalent" curriculum as the public schools. (Does
NOT mean "the same as." It does mean "same very
general content areas.")
The following New Jersey statutes apply to compulsory education:
N.J.S.A. 18A:38-25
Requires compulsory education in New Jersey: "Every parent,
guardian or other person having custody and control of a child
between six and 16 shall cause such child regularly to attend
the public schools of the district or a day school in which there
is given instruction equivalent to that provided in the public
schools for children of similar grades and attainments or
to receive equivalent instruction elsewhere than at school."
N.J.S.A. 18A:38-31
"a parent or guardian or other person having charge and
control of a child between the ages of 6 and 16 years, who shall
fail to comply with any of the provisions of this article relating
to his duties, shall be deemed to be a disorderly person and
shall be subject to a fine of not more than $25.00 for the first
offense and not more than $100.00 for each subsequent offense,
in the discretion of the court."
The provision, "to receive equivalent instruction
elsewhere than at school," in N.J.S.A. 18A:38-25 permits
parent(s)/guardian(s) to educate the child at home.
There are two major court decisions in New Jersey regarding
homeschooling:
State v. Vaughn 44 N.J. 142 (1965)
This case deals with the procedures to be employed when parent(s)/guardian(s)
are charged with failing to cause the child to attend school
under the compulsory education law. During the prosecution of
a case against parent(s)/guardian(s) for a violation of the compulsory
education law, the State need only allege a violation of the
statute. It is then incumbent upon the parent(s)/guardian(s)
to introduce evidence showing that they are relying on one of
the two statutory exceptions (day school or equivalent instruction
elsewhere than at school). Once there is such evidence in the
case, the burden of persuasion with respect to whether the education
comes within the exception is with the State.
State v. Massa 95 N.J. Super 382 (1967)
In court, the parents were charged with failing to cause the
child to attend school under the compulsory education law. The
only issue before the court was whether the parents were providing
equivalent instruction. The court held that the language under
the compulsory education law, providing for equivalent instruction
elsewhere than at school, required showing only academic equivalency
and not equivalency of social development derived from group
education. In educating the child at home, the parents were
required to show only that "the instruction was academically
equivalent to that provided in the local public school."
New Jersey Education Code Interpretation
New Jersey requires that parents provide
their children with an education, either in a private school,
the public schools or elsewhere.
Parents should maintain continuous records/documentation
that shows they are providing their homeschooled children with
equivalent instruction as in the public schools. However, usually
if questioned by a school system (very rare), all one needs
do is mention by name the titles of the books used. The State
of New Jersey has the burden of proving beyond a reasonable
doubt that a family's curriculum is not equivalent.
There is no requirement in the law
that states that the parents have to even initiate notification
to the school district of their intent to homeschool; however, if requested, they are under the obligation
to provide the local superintendent with evidence of their curriculum.
In order to explain that a homeschool family is providing something
equivalent, the tradition is to send a curriculum outline once
a year. Approval is almost automatic because as long as the family
is providing the same general subjects they are equivalent. There
is nothing in the law itself to stipulate the homeschool must
send a curriculum. Some parents also send a letter accepting
legal responsibility for their children's education. "Same
general subjects" can usually be interpreted loosely as
language arts, math, science, social studies and physical education
in lower grades, with the addition of a foreign language in upper
grades.
State
Regulation of Private Schools - New Jersey
Home Schooling: New Jersey does not have a code that addresses
the area of home schooling. New Jersey's compulsory education
law states that every child between the ages of six and 16 must
attend a public or private school, or receive "equivalent
instruction elsewhere than at school". N.J. Rev. Stat. §
18A: 38-25.
Responsibility for enforcing the compulsory education law
rests with the local board of education. When a school board
has reason to believe that a parent or guardian is not complying
with the compulsory education law, the local board of education
can initiate truancy proceedings in municipal court, requiring
parents or legal guardians to document their activities in providing
"equivalent instruction". N.J. Rev. Stat. §§
18A: 38-27 through 18A: 38-31.
Return to New Jersey homeschooling
information.
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