New Jersey is a small state offering big opportunities for homeschoolers. Just a sample of the inviting options include exploring the gun turrets of the Battleship New Jersey in Camden, perusing the 60,000 works of art in the Zimmerli Art Museum at Rutgers University, or taking part in the educational theater series at the Algonquin Arts Theatre in Manasquan.
As a low homeschool–regulation state, New Jersey affords parents a lot of freedom to choose which educational opportunities to pursue. This article will help you navigate the few requirements that exist and teach you everything you need to know about homeschooling in the Garden State.
New Jersey does not have a specific homeschool statute. A parent’s right to homeschool is drawn directly from their compulsory education statute, which reads:
Every parent, guardian or other person having custody and control of a child between six and 16 to ensure that such child regularly attends 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.
(NJ Rev Stat § 18A:38-25 (2023))
The key phrase is “or to receive equivalent instruction elsewhere than at school,” which allows parents or guardians to educate their children at home.
The main question then becomes, “What is considered ‘equivalent instruction?” since this is the only requirement to meet. Fortunately, there is case law that expands on this point. In State v. Massa, the court found that “equivalent instruction” means academic equivalency. In other words, it doesn’t mean social equivalency, require instruction in a group setting, or any other criteria equivalent to a public school. Parents are only required to show that “the instruction was academically equivalent to that provided in the local public school.”
A parent or guardian failing to comply with the compulsory attendance law “shall be deemed to be a disorderly person and shall be subject to a fine of not more than $25.00 for a first offense and not more than $100.00 for each subsequent offense, in the discretion of the court.”
“Equivalent” does not mean identical, so parents have leeway to adapt their homeschool courses, materials, and teaching style as they please while still complying with New Jersey law.
The law specifically mentions “instruction equivalent to that provided in the public schools for children of similar grades and attainments.” So, it is worthwhile to look at the courses of study New Jersey public schools offer for your child’s grade and then seek to meet or exceed those offerings.
Course offerings for lower grades will vary from these. But finding out exactly what your local district teaches is simple. The New Jersey Department of Education states that “[p]arents may seek information about the school curriculum from the local board of education. If the parent/guardian requests such information, the board must provide it since a district’s curriculum is a matter of public record in accordance with N.J.S.A. 47:1A et seq.”
In New Jersey, parents or guardians are able to enlist any teacher they would like to provide their child’s “equivalent instruction.” So, hiring a tutor is a go! However, it is important for parents to select a reputable and proficient tutor because the parents remain solely legally responsible for the child’s education even when they are using a tutor, correspondence course, or online program.
Many parents mistakenly feel that the more relaxed a state’s homeschool laws are the less responsibility they have. However, the opposite is technically true. And in low-regulation states like New Jersey, tutors can be especially helpful in ensuring that a child’s education is on track.
They further recommend notifying the local school district of your intent to educate elsewhere than at school in all other circumstances. This helps avoid questions arising about compliance later on, but it is not required.
In New Jersey, there are no record-keeping requirements. However, homeschooling best practices recommend that you do so for many reasons—the first of these being your responsibility to prove you are providing “equivalent instruction.”
In State v. Vaughn, New Jersey courts established that the State must only allege that parents have violated the compulsory attendance statute. The burden is then on the parents to show evidence that they are providing equivalent instruction. This is where your conscientious record-keeping comes in. The good news is that, once parents provide that evidence, the burden passes back to the State to show that the instruction is not sufficiently equivalent.
Additionally, while the local school board is required to enforce the compulsory attendance law, they must have “credible evidence” that a parent is not providing a proper education in order to pursue it. And withdrawing your child to provide an education “elsewhere” is not, by itself, credible evidence. Nevertheless, it’s always important to document!
In addition to protecting your family from truancy or delinquency allegations, homeschool records are vital for preparing transcripts, creating an educational portfolio that showcases your child’s work, and much more.
Once you’ve gotten your evaluation of choice, you might be ready to sit bacWhen laws governing record-keeping are lacking, it is recommended that you maintain these documents for at least two years with the exception of documents that show legal compliance and high school records, which should be kept permanently.k and celebrate a successful school year, but you’re not done quite yet. You must also file a copy of the annual evaluation with the local superintendent.
While New Jersey does not officially recognize homeschools as private or non-public entities, homeschooling parents generally issue their child’s high school diploma when they have deemed that their child has “graduated.”
Often, the best option for a homeschooler to obtain a New Jersey State High School Diploma is to pass the General Educational Development (GED) Test. Alternatively, a homeschooler may complete 30 general education credits leading to a degree at an accredited institution of higher education and perform at the proficient or advanced proficient level of achievement in all sections of the High School Proficiency Assessment (HSPA) to obtain a state high school diploma.
Homeschoolers in New Jersey may be eligible for special education services under the federal Individuals with Disabilities Education Act (IDEA), which states that “all children with disabilities residing in the State, including children with disabilities attending private schools, regardless of the severity of the disability, and who are in need of special education and related services, are identified, located and evaluated. . .” However, the school board’s obligation toward homeschoolers stops at evaluation. The New Jersey Department of Education states that: Once the assessments are completed, a meeting in accordance with N.J.A.C. 6A:14-2.3(i)1 is held to determine whether the child is eligible for special education and related services. If the child is eligible for special education and related services, the public school district must make a free, appropriate public education available only if the child enrolls in the district. If the child does not enroll in the public school district, but the district chooses to provide services, the district would develop a plan for the services to be provided. So, it is up to each individual district to decide whether they want to provide special education services to homeschoolers. In practice, most do not. However, in Forstrom v. Byrne, the courts ruled that if a public school provides special education services to private school students they must also do so for homeschool students. So, parents should ask about the specific policies of their local district and/or schools.
There is no statute in New Jersey that gives homeschoolers access to public school classes or extracurricular activities. However, the New Jersey State Interscholastic Athletic Association (NJSIAA) states in its bylaws that local school districts may allow homeschooled students to compete in interscholastic sports under certain circumstances. A homeschooled student must:
Once again, this does not mean a board of education must allow a homeschooled student meeting these requirements to participate. That is still a choice at their discretion and, like special education services, is rarely an opportunity afforded.
Similarly to special education services and extracurricular activities, a school board may loan books or other materials to homeschoolers. However, it is under no legal obligation to do so. Parents should check with their local school board to see if this is offered.
One benefit that public schools are required to extend to homeschoolers in New Jersey is access to shared-time vocational schools. The New Jersey Board of Education states that: A vocational board of education should adopt a non-discriminatory policy regarding a child educated elsewhere than at school. If a parent/guardian is a resident of the county, the child educated at home may apply on an annual basis to the county vocational school. The county vocational school may permit the child being educated elsewhere than at school to attend a shared-time county vocational school to the extent that space is available according to N.J.A.C. 6:43-3.11(b). Once a child educated elsewhere than at school is enrolled in a shared-time vocational school program, the child then becomes a public school student and is entitled to the payment of tuition through the resident district. Once enrolled, the student will be entitled to transportation services provided in accordance with N.J.S.A. 18A:39-1.
New Jersey law requires only public and private school students to be immunized. There is no such requirement for children who receive “equivalent instruction elsewhere than at school.”
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