HOMESCHOOLING IN NEW JERSEY & HOMESCHOOL LAWS
You may be considering homeschooling in New Jersey, but don’t know where to start regarding state regulations and requirements. This guide will walk you through what you need to know to successfully set up your own homeschool program legally in New Jersey. We’ll cover the history of homeschooling in New Jersey, current homeschooling laws in New Jersey, required notifications and filings, curriculum and testing choices, high school transcripts, curricular and extracurricular activities, graduation requirements, and special education services.
History of Homeschooling in New Jersey
Homeschooling in New Jersey has a long and rich history, dating back to the colonial era when many students were a child educated at home by parents or tutors. In the 1970s and 80s, the modern homeschooling movement began to take hold as an increasing number of families across the United States chose to educate their children at home rather than attend school at one of the public schools.
In 1997, the New Jersey legislature amended the state’s compulsory education law to officially recognize homeschooling as a legitimate educational option. The amended compulsory education law specifies that “providing equivalent instruction elsewhere than at school” may be provided “by the parent or guardian of such child educated or by a person designated by the parent or guardian.” This amendment to the compulsory education law firmly established the legal right of parents in New Jersey to homeschool their children in accordance with New Jersey homeschool laws.
Since then, the homeschooling community in New Jersey has continued to grow and thrive. While precise numbers are difficult to determine due to the lack of required registration, it is estimated that there are currently over 30,000 homeschoolers in the state.
Current New Jersey Homeschool Laws and Regulations
If you are homeschooling in NJ, laws will not prevent you from being successful on your journey. Regarding specific homeschool laws, New Jersey legislature has not enacted a specific law that covers the steps to homeschool.
In New Jersey, all children between the ages of 6 and 16 are subject to the compulsory education law and must attend a public school or private school or receive “equivalent instruction elsewhere than at school.” Parents who wish to provide an education for their children at home fall under the “receive equivalent instruction” clause of the compulsory education law.
As mentioned above, there are no specific New Jersey homeschooling laws besides the compulsory law. The state does not require homeschooling parents to notify education officials of their intent to homeschool, teach specific subjects, have their children take a district standardized test, or meet any minimum qualifications under New Jersey homeschooling laws.
However, New Jersey law does grant state education officials the authority to investigate a homeschooling situation if there is “credible evidence” that the parents are not providing an education that is academically “equivalent” to that provided in the public schools in accordance with New Jersey homeschool laws. In practice, this is a relatively low bar and investigations of homeschoolers are uncommon. There were two major court decisions in New Jersey relative to homeschooling. As a result, case law has established that the burden of proof is on the state to show evidence of educational neglect, not on the parents to affirmatively demonstrate the child is receiving equivalent instruction in accordance with New Jersey homeschooling laws.
In New Jersey, if a school-age child educated with special needs is homeschooled, the public school district receives guidance under the Individuals with Disabilities Education Act to ensure that the school curriculum meets the educational requirements and the appropriate grade level and placement of the child educated at home.
How to Set Up a Homeschool In New Jersey
If you’ve decided to homeschool in New Jersey, here are the key steps to get started in accordance with New Jersey homeschool laws:
Withdraw your child from their current school. If your child is currently enrolled in a public school or private school, you’ll need to formally withdraw them. It’s recommended to notify the school in writing of your intent to homeschool, though this is not legally mandated under New Jersey homeschool laws.
Research and select an educational approach and curriculum that fits your family’s needs and goals. Some popular options among homeschoolers include self-designed curriculums, online programs, correspondence courses, and purchased curriculums. Remember, the state does not review or approve homeschool curriculums, so you have flexibility in your choice.
Obtain the necessary educational materials, such as books, workbooks, art supplies, and any needed technology. You are responsible for procuring these as the parent. Some public libraries have special lending programs that allow homeschoolers to borrow textbooks, literature, and other resources.
Set up a dedicated learning space in your home, if possible. This could be a spare room, a corner of the living room, or a desk area in the child’s bedroom. Having a designated spot for school work can help with organization and focus.
Determine a schedule and officially begin instruction. Decide on the days and hours that you will dedicate to homeschooling each week. Create a system for planning lessons and tracking completed work and attendance, if desired (this is not required by New Jersey homeschool laws).
Comply with the state’s immunization requirements for students, which are detailed further below. Be sure to keep copies of your child’s official immunization records.
Jersey homeschooling allows students to follow a regular school curriculum from home, offering flexibility to participate in extracurricular or sports activities that they might not have time for if they were to attend school full-time.
If you are moving to New Jersey from another state and plan to homeschool, no notice to education officials is necessary. Simply follow the steps above to establish your homeschool in your new location.
In New Jersey, homeschooling parents are responsible for ensuring that their child receives instruction equivalent to what a regular education teacher in a resident district, would provide to school-eligible students. Grade placement in public school is determined by the only academic equivalency recognized by the district, which may require a special education evaluation if the child educated needs services. Homeschoolers may join group education activities with similarly situated students to supplement their learning.
Importantly, teacher qualifications are not required to homeschool in New Jersey. Parents may educate their children at home regardless of their own level of education or certification status.
In New Jersey, while homeschooling is an option, parents must be aware that their local public school district and county vocational school still hold responsibilities under federal special education law to ensure that eligible homeschoolers receive appropriate services. For parents of children with disabilities attending private schools or who choose to homeschool, New Jersey homeschool laws do require school districts to identify and evaluate homeschooled children living in the school district who may be eligible for special education benefits. The district must then offer a service plan describing what services the student would receive if enrolled in public school. However, parents are not obligated to accept these services. Furthermore, the delivery of special education benefits to homeschoolers is at the discretion of individual districts and is not consistently available across the state by the New Jersey Department of Education.
Parents opting for homeschooling must ensure that their homeschool curriculum is equivalent to what is taught in public and nonpublic schools elsewhere. If a child educated at home wishes to return to a traditional setting, the non-public school re-enrolls them, assessing their readiness based on the completed curriculum. If a student returns to school following a period of homeschooling, the local board of education treats the child as any other new or returning student. The local board will assess assesses whether the grade level of permitted children aligns with the child’s compliance and social development derived from the education plan.
In New Jersey, when determining grade placement for homeschoolers, a child study team may be involved if the school request information to ensure proper support and assessment, which is crucial for evaluating educational outcomes, especially if the vocational board is later consulted for career-oriented programs. A child educated at home may still enroll in public education to promote general guidance and support their learning journey.
Maintaining Your New Jersey Homeschool
One of the benefits of homeschooling in New Jersey is the low level of bureaucracy involved. The state does not require homeschooling parents to submit any specific paperwork, such as attendance records, report cards, or proof of educational progress. You do not need to have your homeschool setup inspected or approved by education officials.
That said, it is still wise to maintain some form of educational records for your personal use and in case your homeschool is ever subject to an equivalence investigation. This could include attendance logs, completed work samples, reading lists, standardized test scores (if you choose to administer tests), and documentation of grades and credits earned.
Many homeschool advocates recommend putting together a portfolio each year demonstrating your child’s academic progress. This could be useful not only in the unlikely event of an investigation, but also for future college applications or transferring into a traditional nonpublic school or setting.
New Jersey Homeschool Reporting Requirements
In New Jersey, there is no affirmative duty for homeschooling parents to initiate contact with or submit reports to their local school district or state education officials. You are not required to notify them of your intent to homeschool, provide regular updates, or have your child’s progress assessed by school authorities.
If your homeschool does come under investigation by education officials, you should cooperate and be prepared to provide evidence that your child is receiving an academically equivalent education. This could include work samples, curricula, reading logs, attendance records, test scores, or other relevant documentation. An in-person interview or evaluation of your child may also be requested. If the officials determine your instruction is not equivalent, you may be ordered to enroll your child in school or make changes to your homeschool.
Homeschool Testing In New Jersey
Standardized testing is not required for homeschoolers in New Jersey. The state does not mandate that homeschoolers take tests like the NJSLA (New Jersey Student Learning Assessments) that are administered to a public school student.
However, some homeschooling parents choose to have their children participate in standardized testing as a way to objectively measure academic progress and identify any areas needing improvement. Options for testing include purchasing tests through online providers, using free practice tests available online, or arranging to take tests through a local school if permitted. Always check the specific state and local requirements and procedures with the test provider or school first.
Even if you do not administer standardized tests regularly, it is a good idea for high school level homeschoolers to take college entrance exams like the PSAT, SAT, or ACT, especially if they plan to apply to college. Some colleges, particularly highly selective ones, may require additional SAT Subject Tests as well.
Funding Your New Jersey Homeschool
In New Jersey, the financial responsibility for homeschooling falls entirely on the parents. The state does not provide any dedicated funding, reimbursements, or tax breaks for homeschool-related expenses. As a homeschooler, you will need to cover the full cost of all curricular materials, supplies, technology, outside classes, educational services, and extracurricular activities.
However, there are some ways to reduce costs. Certain school districts allow homeschoolers to borrow textbooks or participate in extracurricular activities at the district’s discretion. Some public libraries have robust collections of educational resources available to homeschoolers. Used bookstores, consignment shops, and online marketplaces can be sources of low-cost materials. And of course, many free educational resources are available online. With some effort and creativity, it’s possible to provide a quality homeschool education on a budget.
Federal Tax Breaks
Homeschooling families may be eligible for certain federal tax benefits to help offset educational expenses. One option is a Coverdell Education Savings Account, which allows money to grow tax-free when used for qualified education costs. Homeschool parents might also be able to deduct a portion of mortgage interest or rent if part of the home is used regularly and exclusively for homeschooling in New Jersey. Finally, tax credits or deductions could be available for required books, supplies, equipment and curricula used for homeschool instruction. To learn more about these potential tax advantages, homeschooling families should review the information and resources provided by the IRS.
New Jersey Immunization Requirements
New Jersey has specific immunization requirements that apply to all students, including those who are homeschooled. Parents must submit an official immunization record annually to the state or local board of education, demonstrating that their child has received the state-mandated vaccinations appropriate for their age.
Failure to comply with these requirements can result in fines and legal action. Medical exemptions to the immunization requirements are permitted if a physician certifies in writing that a vaccine would be medically contraindicated for the child. As of 2020, non-medical exemptions, such as religious or philosophical objections, are no longer allowed under New Jersey law.
New Jersey State Graduation Requirements
In New Jersey, homeschool parents have the authority to determine the graduation requirements for their own children and issue a homeschool high school diploma. The state does not mandate that homeschoolers complete specific courses, earn a minimum number of credits, or achieve a certain score on a graduation test.
However, if a homeschooled child enrolls later in a New Jersey public high school and wishes to receive a public school high school diploma, they may be required to fulfill the state’s prescribed graduation requirements. These requirements include:
4 years of English
3 years of mathematics
3 years of lab science
2 years of United States history
1 year of world history
1 year of health/physical education for each year of enrollment
1 year of visual and performing arts
1 year of career and technical education
1 semester of economic and financial literacy
Demonstrated proficiency in English language arts and mathematics through State assessments
The receiving school district would evaluate the student’s homeschool coursework and determine which credits, if any, would transfer to meet these requirements. Any deficiencies would need to be remediated before a high school diploma could be granted. For this reason, some homeschool advocates recommend aligning high school level homeschool curricula with the state standards to facilitate potential future transitions.
New Jersey Homeschool Charters
New Jersey law does not provide for homeschool NJ charter schools. By definition, students learning at home under the supervision of their parents are considered homeschoolers, not public school students. Charter schools are public schools subject to the same legal requirements as district schools, including the obligation to educate enrolled students on-site.
That said, New Jersey does have several free, full-time online public schools available to students statewide. These include:
New Jersey Virtual School (grades K-12)
Connections Academy (grades K-12)
- New Jersey Scholars Online (grades 6-12)
Students enrolled in these schools receive a computer, textbooks, and other learning materials free of charge for online homeschooling in New Jersey. They are taught by certified teachers through a combination of live online classes, recorded video lessons, and independent work. Enrolled students are considered public school students and must take the state-mandated assessments. These online schools are not to be confused with homeschooling, New Jersey public schools ultimately direct and deliver the education, not the parent.
Local New Jersey Homeschooling Resources
While New Jersey doesn’t have widespread publicly-funded resources specifically for homeschoolers, there are still some local supports available.
As previously mentioned, certain public libraries have special collections and lending programs for homeschooling in New Jersey families. This can include curricula, textbooks, educational games and software, learning kits, and other enrichment resources. Some libraries also offer classes, workshops, and social activities tailored to homeschoolers.
Some school districts do permit homeschooled students to participate in district-sponsored extracurricular activities on a case-by-case basis. These might include sports teams, music ensembles, theater productions, clubs, and field trips. Exact policies and procedures vary widely by district. If your homeschooler is interested in a particular activity, it’s worth contacting your local district to inquire.
The New Jersey Homeschool Association maintains a list of support groups by county on its website including Jersey City. The NJHA also hosts an annual homeschool conference, publishes a member newsletter, and offers a discount card program for homeschool-related purchases.
Other New Jersey homeschool associations include:
Traditions of Roman Catholic Homes (TORCH), a faith-based support group
Unschooling School, a regional group for those following an unschooling approach
New Jersey Homeschool Events, a Facebook group for sharing social and enrichment opportunities
Mosaic Freeschool, a secular inclusive cooperative
Nationally, the Home School Legal Defense Association provides legal information and advocacy for homeschool groups and its member families in New Jersey and across the country. The HSLDA website offers detailed guidance on complying with New Jersey’s homeschool law and navigating any challenges that may arise. However, the information on the website does not constitute legal advice.
New Jersey homeschool laws empower parents to direct the education of their children with minimal government regulation. By understanding the legal requirements around issues like the compulsory education law, instructor qualifications, and immunizations, parents can focus on the loftier goals of nurturing their child’s love of learning and pursuit of individual passions. While the state does not provide funding for homeschoolers directly, many free and low-cost resources are available through libraries, school districts, and homeschool support organizations. Armed with knowledge of the homeschool laws in New Jersey and of their local homeschooling community, Garden State families can confidently embark on a successful homeschooling journey.
