New Jersey Homeschool Requirements

Under N.J.S.A. 18A:38-25, parents must cause their child to attend public school or 'receive equivalent instruction elsewhere than at school,' but no statute or regulation requires advance notice to any government entity. The NJ DOE's official FAQ confirms that the board 'may request documentation, such as a letter of intent' only if it already has 'credible evidence' of non-compliance. The 'mere fact that a child has been withdrawn to be homeschooled is not, in itself, credible evidence of a legal violation.' New Jersey is one of the least regulated homeschool states in the country.

N.J.S.A. 18A:38-25 requires 'equivalent instruction' but does not list required subjects for home-based education. The NJ DOE's FAQ states explicitly that 'the law does not require or authorize the local board of education to review and approve the curriculum or program of a child educated elsewhere than at school.' Case law (State v. Massa, 95 N.J. Super. 382, 1967) interpreted 'equivalent instruction' to require only academic equivalency, not social development equivalency. In practice, parents have wide discretion in curriculum selection.

N.J.S.A. 18A:38-25 establishes the 'equivalent instruction' standard without specifying hours or days. Unlike public schools (which operate on a 180-day calendar), no comparable mandate applies to homeschools. The NJ DOE does not monitor the number of hours families spend on instruction. Parents have full discretion over scheduling as long as instruction is substantively equivalent.

The NJ DOE FAQ explicitly confirms: 'The local board of education is not required or authorized to test a child educated elsewhere than at school. The local board of education does not have to ensure through testing or another mechanism that instruction is being appropriately delivered or achieving its desired effect, to review the quality of instruction, or to monitor the results. A child educated elsewhere than at school is not required to sit for a state or district standardized test.' There is no portfolio review or evaluation requirement either.

No statute or regulation in New Jersey requires homeschooling parents to keep or submit educational records. The NJ DOE FAQ states that 'a board of education is not required to establish a record for a child who is educated elsewhere than at school.' If a family voluntarily provides information, the board 'may establish a record for a child for the sole purpose of documenting that the child is receiving an education as required by law.' When a child re-enrolls in public school, grade placement is based on objective assessment 'given to all students,' not on home records.

N.J.S.A. 18A:38-25 does not mention any credential, diploma, or training requirement for parents who elect to educate their children at home. The NJ DOE FAQ makes no mention of parent qualification requirements. This contrasts sharply with states like North Carolina and North Dakota, which require instructors to hold at least a high school diploma. New Jersey's 'equivalent instruction' standard is assessed qualitatively, not by the credentials of the instructor.

N.J.S.A. 18A:38-25 contains no immunization mandate for children receiving home instruction. New Jersey's mandatory immunization statutes (N.J.S.A. 26:1A-9 et seq.) apply to children attending public, private, and parochial schools, but home-educated children fall outside that framework. The NJ DOE FAQ does not mention any immunization requirement for homeschoolers. Families are free to make their own health decisions.

New Jersey's Individuals with Disabilities Education Act (IDEA) obligations run to public schools. Homeschooled children with disabilities are not entitled to a free appropriate public education (FAPE) through the public school system once they are unenrolled. The NJ DOE FAQ states that 'the parent/guardian of the child educated elsewhere than at school are solely responsible for any program selected. The state or local board of education is not required or authorized to approve the selected program.' Parents may voluntarily seek evaluations or services from their local district, but there is no obligation on either side.

N.J.S.A. 18A:38-25 does not require parents to obtain permission before withdrawing a child to homeschool. The NJ DOE FAQ clarifies that upon re-enrollment, 'the local board of education treats the child as any other new or returning child (i.e., assessed as to the acceptance of credits and the appropriate grade level for purposes of placement). There are no special provisions made for the child who was educated at home.' Credit acceptance is subject to local board policies, and the child may not be held to a higher standard than other students.

N.J.S.A. 18A:38-25 specifies 'a child between the ages of six and 16 years.' N.J.S.A. 18A:38-31 provides that a parent who fails to comply '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.' Once a child turns 16, compulsory attendance no longer applies, though families may continue homeschooling voluntarily.

The NJ DOE FAQ states: 'A child educated elsewhere than at school does not receive a state-endorsed high school diploma from the board of education.' Options for obtaining credentials include: (1) re-enrolling in public school to meet diploma requirements; (2) passing the GED Test; or (3) completing 30 general education college credits at an accredited institution and performing at the proficient or advanced proficient level on the High School Proficiency Assessment (HSPA). Homeschool families may issue their own private diplomas, but these are not state-endorsed.

The NJ DOE FAQ states: 'The local board of education is not required by law to allow a child educated elsewhere than at school to participate in the regular school curriculum or in extracurricular or sports activities. Such participation is at the sole discretion of the board once the child is identified as educated elsewhere than at school.' A homeschooled child may, however, enroll in a shared-time county vocational program, at which point the child becomes a public school student entitled to tuition and transportation services (N.J.S.A. 18A:39-1). The New Jersey State Interscholastic Athletic Association (NJSIAA) bylaws govern eligibility for interscholastic sports.