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New Jersey
Home Schooling - State Laws &
Regulations
Please Note This Important
Notice:
New Jersey
home schooling laws and regulations cannot be summarized in a short
informational page or overview. It is incumbent upon
you to perform due diligence in researching and
familiarizing yourself with your state's legal's and
regulations as they pertain to homeschooling. This
information is provided for you to give you a
starting point. This is not intended to be legal
advice and is distributed for basic informational
purposes only. For more information about the laws
and regulations in this state please contact a state
or local support group or your public library.
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.
New Jersey Home Schooling Compulsory School Age
There is no statute that directly addresses
homeschooling in New Jersey. The compulsory education law (N.J.S.A.
18A:38-25) requires parents of school age children to cause them "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 [...]
or to receive equivalent instruction elsewhere than at school."
Homeschooling falls under "elsewhere than at school." "Equivalent" was held,
in State v. Massa (95 NJ Super 382; 1967), to mean academically equivalent
only -- i.e., the same basic subject areas must be covered, but not
necessarily in the same way as the schools cover them. School districts are
not required or authorized to review curricula, test homeschooled children,
or monitor their outcomes. Parents are not required by law to notify their
public school district of their intention to educate the child elsewhere
than at school.
Statutes On 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.
