Like in many states, the number of homeschooled students in New Jersey increased significantly during COVID-19. And while many students returned to their public or private school after the pandemic, many families continue to teach their children at home. The Garden State is one of the most “homeschool-friendly” states in the country, with fewer restrictions than most other states. New Jersey doesn't require homeschool educators to be certified to teach and allows parents much more freedom in terms of curriculum and materials. Yet the state has the third lowest number of homeschool-related students per capita.
Homeschooling offers numerous benefits, such as the ability to customize curricula, foster closer family bonds, and accommodate individual learning styles and needs. However, the decision to homeschool comes with its own set of challenges and points of debate. Parents must navigate a sea of legal stipulations and regulations to ensure compliance with state requirements. Debates surrounding socialization, academic standards, and access to resources continue to shape the homeschooling landscape.
Regardless of these challenges, parents and policymakers must work together to ensure that every child, whether in a traditional school or a homeschool setting, has the opportunity to receive a high-quality education. The right to education is fundamental, and all stakeholders are responsible for protecting and upholding this right.
For parents who choose homeschooling and find themselves struggling to secure necessary services and support, it's essential to remember and exercise your rights. The Lento Law Firm's Education Law Team is here to represent you when dealing with homeschool liaisons, licensing boards, co-ops, and other entities that may impede your child's educational opportunities. Our experienced attorneys are dedicated to advocating for your family's rights and ensuring your child receives the education they deserve. Contact us today at 888.535.3686 or tell us about your case online and take the first step in safeguarding your family's educational journey.
New Jersey Compulsory Education Law
Like other states, the laws governing compulsory education in New Jersey mandate that children aged 6 to 16 attend some form of schooling—public, private, or homeschool—unless they have already graduated from high school. New Jersey requires public school students to complete a minimum of 120 credits for graduation and pass specific elements of the PARCC (Partnership for Assessment of Readiness for College and Careers) exams in math and English. However, these requirements do not exist for homeschooled students.
Additionally, New Jersey does not legally require homeschooling parents to provide documentation, such as:
- Educational qualifications
- Attendance
- Progress reports
- Subjects taught
In New Jersey, parents are also not required to formally notify the state or local school district of their intent to homeschool their child. However, if the student leaves a public high school to be homeschooled, the parents must complete a transfer form, which can be as simple as a letter stating the name and birthdate of your child and the dates you plan to withdraw your child from school and begin homeschooling.
While parents are also not required to notify their local superintendent of their intentions to homeschool, doing so may deter truancy concerns. Despite these lax standards for homeschooling parents, failing to follow recommended actions to inform the school district can lead to significant headaches.
Homeschool Families May Face Increased Scrutiny
Homeschooling allows parents to oversee their children's learning experience closely and offers a safeguard against bullying and other potential hazards present in schools. Nonetheless, there have been instances where children being educated at home were at a higher risk, particularly in situations of domestic abuse. Several states have enacted legislation aimed at protecting children from such abuse following distressing incidents where parents removed their children from the public school system who were later found dead.
Child welfare proponents argue that educators and school personnel are crucial in identifying and reporting signs of abuse, and many states have put measures in place to ensure homeschooled children aren't being abused or neglected. However, as recently as February 2024, New Jersey House lawmakers once again voted not to bar parents facing child abuse investigations from homeschooling their children. The legislation was originally brought to the Legislature in 2019. Named “Raylee's Law,” the bill was named after an 8-year-old girl who died from abuse and neglect at the hands of her parents in 2018 after her parents withdrew her from school. Educators at the girl's elementary school had notified Child Protective Services of potential abuse.
While New Jersey lacks specific statutes directly addressing this concern, this does not mean that homeschooling families won't face increased scrutiny from state officials. Unfortunately, this can lead to innocent homeschool parents facing legal issues if they are wrongfully accused of abuse or neglect. In such cases, it is essential for homeschooling families to seek the assistance of experienced legal counsel who can help them navigate the complex laws surrounding homeschooling and child welfare.
Testing Requirements for New Jersey Homeschools
As one of the least restrictive homeschooling states, New Jersey does not require homeschooled students to undergo the standardized testing that public school students must take or enlist in the military more smoothly. New Jersey also allows parents to create their own student transcripts and may include any information they consider pertinent to colleges, the military, or future workplace organizations. Additionally, New Jersey has no guidelines on what a high school student must accomplish to graduate other than attending school regularly through the age of 16. Instead, parents can use their own criteria to determine when their homeschool-aged child is ready to receive a diploma.
Despite this flexibility, it's recommended that parents keep an up-to-date portfolio of their child's academic progress. Keeping comprehensive records of your child's activities will help make transitions such as moving back to school after homeschooling, applying for college, or joining the military much smoother. It will also help resolve any questions that may arise about the quality of your child's education.
Homeschooling Young Athletes
New Jersey law allows each of the state's near-600 school boards to decide whether to allow homeschooled students in their districts to participate in public school extracurricular activities, including high school sports. Many school districts welcome homeschooled students for these activities. However, the rise in the number of homeschooled kids in the state has prompted some school districts to change their policies. One such district is Wall Township, which, as of late 2023, no longer allows homeschooled kids to participate in school sports, clubs, or other extracurricular activities. According to the school board meeting minutes, the policy change was influenced by similar bans by nearby communities on homeschooling students.
Should your student's school district deny your request to include your child in sports and other extracurricular activities, you have the option to appeal to the local school board. Having an experienced education lawyer on your side can help you argue the merits of your case.
Learning Pod Considerations
Learning pods have emerged as a popular alternative for homeschooled students. These small, cooperative learning groups typically comprise a few families who share educational responsibilities and resources. Here are some benefits and challenges associated with learning pods for homeschooled students:
Benefits of Learning Pods:
- Socialization: Learning pods provide opportunities for homeschool students to interact with peers, fostering social skills and friendships.
- Collaborative learning: Students can engage in group projects, discussions, and activities, promoting collaboration and teamwork.
- Shared resources: Families can pool their resources, such as educational materials, technology, and expertise, to enhance the learning experience.
- Flexibility: Learning pods allow for a more flexible and personalized approach to education, tailored to the needs and interests of the participating students.
- Support network: Parents in learning pods can share responsibilities, offer support, and exchange ideas, reducing the burden on individual homeschooling parents.
Potential Liabilities of Learning Pods:
- Coordination: Organizing and coordinating a learning pod can be time-consuming and require effective communication among participating families.
- Differing educational philosophies: Families in a learning pod may have varying educational philosophies, goals, and teaching styles, which can lead to disagreements and compromises.
- Scheduling conflicts: Coordinating schedules among multiple families can be challenging, particularly when considering extracurricular activities and individual commitments.
- Liability and legal considerations: Learning pods may face legal and liability issues, such as insurance coverage, health and safety regulations, and compliance with local homeschooling laws.
- Costs: While learning pods can share resources, there may still be costs associated with materials, technology, and potential hiring of tutors or facilitators.
- Limited diversity: Learning pods may have limited diversity in terms of socioeconomic, cultural, or academic backgrounds, potentially narrowing the range of perspectives and experiences for students.
Despite these challenges, learning pods can be a valuable option for homeschool students, offering a balance between the benefits of homeschooling and the advantages of collaborative learning. Families considering learning pods should carefully weigh the benefits and potential liabilities and establish clear guidelines and expectations to ensure a successful and rewarding educational experience for their children.
The Rights of Special Education Homeschool Students
In New Jersey, homeschooled students may be eligible to receive special education services at no cost through their local school district, similar to students enrolled in private schools. Parents are advised to reach out to their district to learn more about the special education services available and to start the process of creating an Individualized Education Program (IEP) for their child.
The path to securing special education resources for homeschooled students can seem daunting. Yet, it's important to remember that these students are entitled to rights under the Individuals with Disabilities Education Act (IDEA). This federal legislation guarantees that all children with disabilities, including those educated at home, can access appropriate special education services and supports. Parents play a crucial role in advocating for their child's needs and should collaborate with their local school district to construct an IEP customized to meet their child's specific learning needs.
In New Jersey, homeschooled students with disabilities are entitled to a free and appropriate public education (FAPE) under the state's special education regulations. The process of obtaining special education services begins with an evaluation conducted by the local school district to determine the student's eligibility and specific needs. If the student is found eligible, the district must develop an IEP in consultation with the parents, outlining the services and accommodations to be provided.
While homeschooled students in New Jersey have the right to special education services, the delivery of these services may differ from those provided to students in traditional school settings. The school district and parents should work together to determine the most appropriate and feasible ways to implement the IEP in the homeschool environment.
Dealing with Homeschool Liaisons
In New Jersey, homeschool liaisons are not as common as in other states, as the state does not require school districts to appoint specific individuals to oversee homeschooling families. However, some school districts may have designated staff members who handle homeschooling-related matters and serve as a point of contact for families. While not officially called homeschool liaisons, these individuals can offer insights into state homeschooling laws and regulations, assist families in meeting compliance requirements, and provide support and resources to parents educating their children at home.
Building a relationship with a school district representative can be advantageous yet sometimes complex for homeschooling families. On the one hand, these individuals can be a valuable resource for navigating the legal landscape of homeschooling, keeping families informed of any changes in state laws, connecting them to educational resources and support networks, and addressing any questions or concerns that may arise during the homeschooling process. On the other hand, some families may face challenges or disagreements with their school district representatives. Issues may arise from misinterpretations of homeschooling laws and regulations, differing views on educational methods or philosophies, or difficulties in establishing effective communication between families and district staff.
Should disagreements with a school district representative escalate, it may be wise to consider legal representation. The interactions and information shared with a representative could potentially be misconstrued and used in proceedings with child protective services. It's crucial for homeschooling parents to be fully aware of their rights and obligations and to approach communications with district staff with caution.
Defend Your Right to Homeschool
As homeschooling gains traction in New Jersey, a variety of challenges are bound to emerge. These can range from navigating legal obligations to addressing concerns about social interactions and securing necessary educational resources. For families committed to homeschooling, taking an active role in their child's education is essential. It's equally crucial for parents and policymakers alike to safeguard educational rights and ensure children have access to high-quality learning experiences.
The Education Law Team at the Lento Law Firm is equipped to address any inquiries regarding your homeschooling rights in New Jersey and can offer representation if disputes with educational authorities occur. Our commitment lies in protecting your rights and providing the support and resources needed to ensure your child receives a top-tier education.
Facing issues with compulsory education laws, adapting to regulatory shifts impacting homeschooling, or encountering obstacles with school district representatives or educational authorities can be daunting. Our team of seasoned attorneys has a solid understanding of the legal landscape surrounding homeschooling in New Jersey. We're prepared to vigorously defend your interests and uphold your rights. Under our guidance, you can approach homeschooling with confidence and peace of mind.
To learn more about how we can support your homeschooling rights in New Jersey, contact us today at 888.535.3686 or get in touch online.
