Legal/Homeschool Laws
Laws that regulate home education vary from state to state. It is important to understand the legal requirements in your state and to be aware of legislative and other legal issues that affect homeschoolers in your community. We've compiled resources that will help you become informed. Although homeschooling is legal in all 50 states, and the vast majority of homeschoolers face no problems, you may find that you need legal assistance at some point in your homeschooling career. We've compiled a list of resources to help you find the support you need. And if you'd like to become more involved in working towards homeschooling freedoms, we discuss some of the issues facing homeschoolers that we hope you find compelling.
State Laws
Read the laws regulating home education in New Jersey and browse through the case law and legal opinions relating to those laws, along with government publications relating to homeschooling and summaries of the laws.
Forms
Which forms do you need to fill out? Where can you get them? Here is a list of useful forms for homeschooling in New Jersey.
Legal Support
If you need legal information or have run into a legal situation regarding your decision to homeschool, these resources will be helpful.
Lobbying Groups
A listing of local and national lobbying groups and information on how you can become involved in the political process to ensure the freedom to homeschool is protected.
Attorneys
When searching for an attorney, it is helpful to know whether he or she has experience working with homeschoolers and is interested in protecting the right to homeschool.
Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Government Resources
A listing of local and state government resources, including your state's Department of Education, school districts, and Senate and House of Representative information.
What's Popular
18A:38-25 Attendance required of children between six and 16; exceptions.
Every parent, guardian or other person having custody and control of a child between the ages of six and 16 years 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.
What the Law Says About Homeschooling
New Jersey law states that “parents have a constitutional rite to choose the type and character of education they feel is best suited for their children.” To comply with this law, homeschooling parents must insure that all children between the ages of six and sixteen receive instruction equivalent to that provided in the public schools.
Sample Curriculum Outline
This sample curriculum outline is provided by Education Network of Christian Home-schoolers of New Jersey (ENOCH).
18A:38-31. Failure to comply with provisions of article; fine.
A parent, 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 a first offense and not more than $100.00 for each subsequent offense, in the discretion of the court.
In any such proceeding, the summons issuing therein, or in special circumstances a warran...
State Regulation of Private Schools
A summary of the regulations governing private schools in New Jersey. This is a U.S. Department of Education publication.
Homeschoolers vs. Big Brother
New Jersey's child welfare system, like most state child welfare systems, is a corrupt and deadly mess. Children are lost in the shuffle, shipped to abusive foster homes, returned to rapists and child molesters, and left to die in closets while paperwork piles up. So whom does the government decide to punish for the bureaucracy's abysmal failure to protect these innocents?
Homeschoolers.
And what does the government think will solve its ills?
More power and paperwork.
New Jersey Department of Education
This website is the official internet presence for the New Jersey Department of Education.
18A:38-30. Assistance of sheriffs, police officers, etc.
The sheriff and his officers and all police officers and constables shall assist attendance officers in the performance of their duties.
Homeschooling Frequently Asked Questions
This FAQ list is provided by the New Jersey Department of Education. In New Jersey, the Legislature under the compulsory education law (N.J.S.A. 18A:38-25) has permitted children to receive "equivalent instruction elsewhere than at school," including the home. These homeschooling questions and answers are intended to assist parent(s)/guardian(s)and public school districts in dealing with issues that frequently arise in this context.
18A:38-28. Truants; return to parents or school.
Any attendance officer who shall find any child between six and 16 years of age who is a truant from school, shall take the child and deliver him to the parent, guardian or other person having charge and control of the child, or to the teacher of the school which such child is lawfully required to attend.
Bill A1918 - Legislative Resources
Listed here are documents which chronicle what has already transpired regarding this legislation. Also included are files which can be used as resources and reasons for opposing bill A1918.
State v. Massa (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 pa...
18A:38-26. Days when attendance required; exceptions.
Such regular attendance shall be during all the days and hours that the public schools are in session in the district, unless it is shown to the satisfaction of the board of education of the district that the mental condition of the child is such that he cannot benefit from instruction in the school or that the bodily condition of the child is such as to prevent his attendance at school, but nothing herein shall be construed as permitting the temporary or permanent exclusion from school by the b...
New Jersey Home Educator’s Affidavit - Standard Form
This affidavit form is provided by Education Network of Christian Home-schoolers of New Jersey (ENOCH).
New Jersey Home School Laws from HSLDA
The Home School Legal Defense Association provides a brief summary of the homeschooling laws in New Jersey. Includes a link to a legal analysis of laws relating to homeschooling in New Jersey.
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Featured Resources
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