Compulsory attendance is required for children ages 6 through 16.
The New Jersey Department of Education (NJDOE) encourages parents or guardians to notify the local boards of education of the intent to homeschool a student so that questions do not arise about compliance with the compulsory education law.
Responsibility for enforcing the compulsory education law rests with the local board of education. When a school board has reason to believe that a parent or guardian is not complying with the compulsory education law, the local board of education can initiate truancy proceedings in municipal court, requiring parents or legal guardians to document their activities in providing "equivalent instruction."
New Jersey's compulsory education law states that "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." N.J. Rev. Stat. §38A: 38-25.
A homeschooled student may obtain a New Jersey state high school diploma by passing the General Educational Development test; or by completing 30 general education credits leading to a degree at an accredited institution of higher education and meeting current state assessment graduation requirements.
Per the NJDOE's Frequently Asked Questions: Homeschooling, a local board of education has no obligation to allow a home-schooled student to participate in regular school curriculum or in extracurricular or sports activities. Such determinations are at the discretion of the school board.
New Jersey Department of Education: Frequently Asked Questions: Homeschooling
New Jersey Department of Education: Nonpublic School Services
State of New Jersey: New Jersey Legislature
New Jersey Department of Education
P.O. Box 500
100 Riverview Plaza
Trenton, NJ 08625-0500
Phone: (609) 292-4469
Fax: (609) 777-4099
Website: http://www.state.nj.us/education/
Source: United States Department of Education - New Jersey State Regulations
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.
There are two circumstances in which a parent/guardian of a child will be required to inform the New Jersey local board of education of the intent to educate his/her child elsewhere than at (public) school:
1) If a parent/guardian attempts to register a student in a local school district and the district refuses to enroll the student, the parent may provide the district with an intent to appeal such denial. If the parent does not provide the district with an intent to appeal, the parent/guardian is required to provide a statement of verification regarding whether the student will be attending school in another school district or a nonpublic school, or will be receiving instruction elsewhere than at school (N.J.A.C. 6A:22-4.2(d))
2) If a parent/guardian decides to remove an enrolled student from his/her high school educational program, the parent/guardian will be required to complete a transfer form which includes information related to the intent to provide instruction elsewhere than at school for the purposes of collecting accurate data on high school enrollment.
For any other circumstances, the New Jersey Department of Education encourages parents to notify the New Jersey local board of education of the intent to educate the child elsewhere than at school so that questions do not arise with respect to the parent’s compliance with the compulsory education law.
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. When parent/guardian educate a child elsewhere than at school, they are responsible for the educational outcomes of the child. The local board of education is not required or authorized to monitor the outcomes of the child.
Parents 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. The parent/guardian may be charged for the cost of copying documents in accordance with the rates established by law, N.J.S.A. 47:1A-5(b).
A board of education may, but is under no obligation to, loan books or materials to a child educated elsewhere than at school.
A board of education is not required to establish a record for a child who is educated elsewhere than at school. If the board of education receives information from the parent/guardian of a child educated elsewhere than at school, 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.
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. The parent/guardian may work directly with any teacher or host school/administrator regarding the program; but they are not required to do so.
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.
A parent/guardian or person(s) teaching a child elsewhere than at school is not required by law to be certified as a teacher in the State of New Jersey.
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 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.
In accordance with the federal special education law, Individuals with Disabilities Education Act (P.L. 108-446 §612), the board of education must ensure 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...”
When the public school district receives a written request for special education evaluation, the district must review the request in a meeting of the child study team, the parent/guardian and the regular education teacher.
This procedure applies to children who are educated at home. At the meeting, current information about the child is reviewed to determine whether an evaluation is warranted. If an evaluation is warranted, another determination will be made regarding the assessment procedures.
Written notice of the determinations is given to parent/guardian. 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.
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 and transportation services. Transportation services are provided in accordance with N.J.S.A. 18A:39-1 and the rules and polices of the board of education.
When a child returns to school following a period of homeschooling, 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. Placement should be based on an objective assessment that is given to all students for that subject or grade. In assessing the child educated elsewhere than at school, the child may not be held to a higher standard than similarly situated students within the district or transferring from other public or nonpublic schools.
A child educated elsewhere than at school does not receive a state-endorsed high school diploma from the board of education. If the child educated elsewhere than at school re-enrolls in the public school to obtain a high school diploma, an assessment is made as to the child’s compliance with state and local requirements and eligibility for a high school diploma.
The child educated elsewhere than at school may also obtain a New Jersey State High School Diploma: by passing the General Educational Development (GED) Test; or by completing 30 general education credits leading to a degree at an accredited institution of higher education and by performing at the proficient or advanced proficient level of achievement in all sections of the High School Proficiency Assessment (HSPA).
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