9F,4
NEW JERSEY DEPARTMENT OF
EDUCATION
HOMESCHOOLING
IN
NEW JERSEY Leo Klagholz
Commissioner of Education Peter B. Contini
Assistant Commissioner
Division of Field Services Edward J. Doolan
Director
Direct Services John M. Lally, Jr.
Office of Nonpublic School Services New Jersey Department of Education
Division of Field Services
CN 500 r
Trenton, New Jersey 08625-0500
April 30,1997
PTM NO. 1400.66
STATE BOARD OF EDUCATION
ROBERT A.
WOODRUFF
President.......................................................................................................
Elmer
ANNE S. DILLMAN
Vice President.................................................................................... Perth Amboy
DONALD C. ADDISON, JR........................................................................ Trenton
JEAN D. ALEXANDER............................................................................. Absecon
MARGARET M. BENNETT......... I......................................................... Little Silver
S. DAVID BRANDT............................................................................... Cherry Hill
RONALD K. BUTCHER............................................................................. Pitman
MAUD DAHME..................................................................................... Annandale
WENDEL E. DANIELS, ESQ................................................................. Lakewood
ORLANDO EDREIRA............................................................................ Elizabeth
THOMAS P. MCGOUGH................................................................. Florham Park
DANIEL J.P. MORONEY.................................................................. Cedar Grove
CORINNE M. MULLEN........................................................................... Hoboken
Leo Klaghoiz, Commissioner of Education
Secretary
PART PAGE 1. BACKGROUND........................................... 1 II. STATE STATUTES....................................... 2 Ill. PARENTS............................ ;... 2 IV. SCHOOL DISTRICT...................................... 3 V. BOARD OF EDUCATION................................... 5 V. SPECIAL EDUCATION.................................... 6 VI. ENTITLEMENTS......................................... 7 VII. PUBLIC SCHOOL PLACEMENT AND GRADUATION............... 7 VIII. BOARD POLICY......................................... 7
Homeschooling is a growing alternative form of education in New Jersey and throughout the nation. The number of children involved in homeschooling is estimated at more than a half million children. Homeschooling parents in New Jersey say that there are about 2,000 homeschoolers in the state (1997).
In every state, parents/guardians must, at a minimum, notify the state or local board of education that they are educating their children at home and identify the children involved.
Homeschooling instruction must be academically equivalent to that provided by the public school. The determination of "equivalent instruction elsewhere than at school" is a local board of education matter.
The purpose of this guide is to offer information to parents/guardians and boards of education regarding homeschooling and homeschooling procedures in New Jersey.
The following committee members assisted with the development of the guide:
Deborah Antanaitis, Director, Controversies and Disputes; Michael Chirichello,
County Superintendent, Sussex County Office; Glenn Earl, County Superintendent,
Cumberland County Office; Ellen Herdegen, Child Study Supervisor, Gloucester
County Office; Carol Kaufman, Coordinator, Policy Development, Special
Education; John Lally, Education Program Specialist, Office of Nonpublic School
Services; and David Livingston, Administrative Assistant, Hunterdon County
Office.
Homeschooling is an educational program provided at home, usually by the parents/guardians of the child. Parents teach the child using their own curriculum or a published homeschool curriculum.
Homeschooling is not homebound instruction. Homebound instruction is a public service provided at home by a certified teacher to pupils who are enrolled fulltime in a public or nonpublic school. Children on homebound instruction are on the individual home instruction register of the school and are unable to attend regular school classes due to illness, disability or administrative action.
Homeschooling laws vary from state to state. In New Jersey, homeschooling is an option for parents/guardians under the compulsory education law (N.J.S.A. 1BA: 38-25). The purpose of the compulsory education law is to assure that children in the state receive the education that they need to be self-sufficient and responsible citizens. New Jersey's compulsory education law mandates education for children between the ages of six and 16 years of age.
In the United States, the rights of parents/guardians to educate children at home have evolved through various court cases. The following cases are often cited in regard to homeschooling:
New Jersey's compulsory education statute (N.J.S.A. 18A: 38-25) ensures education for all children in the- state and compels the parents/guardians to cause the children between six and 16: "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."
In New Jersey, parents/guardians who are educating children must also ensure regular attendance in accordance with,., N.J.S.A. 18A: 38-26: "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 board of education of any district of any child between the ages of five and 20 except as explicitly provided by law."
The statutes are penal in nature. Parents may be convicted as disorderly persons for a violation in accordance with N.J.S.A. 18A: 38-31: "a parent or guardian or other person having charge and control of a child between the ages of 6 and 16 years, who shall fall 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."
Parents have the constitutional right "to choose the type and character of education they feel is best suited for their children, be it secular or sectarian." West Morris Board Regional Bd. of Ed., v. Sills, 1 1 0 N.J. Super. 234, (1970).
In homeschooling, parents/guardians choose to educate their children at home and not in school. In New Jersey" , children educated at home are not enrolled in a public or nonpublic school or a charter school. Children educated at home are receiving "equivalent instruction elsewhere than at school" under the compulsory education law (N.J.S.A. 18A: 38-25).
A homeschool program is not a nonpublic school. A nonpublic school, as defined in New Jersey, is an elementary or secondary school other than a public school offering education for grades K-12, or any combination of them, wherein pupils may legally fulfill the compulsory school attendance requirements for children between the ages of six and 16 years by receiving an education that is
academically equivalent (curricular content) to that provided in the public school for children of similar grades and attainments.
When parents/guardians educate a child at home, they must provide assurance annually that 'Ihe instruction is academically equivalent to that provided in the public school for a child of similar grade and attainment." They should notify the superintendent of the board of education in which they reside in advance of the period for which they plan to educate their children at home. In this way, there will be no confusion regarding truancy. They will be able to develop -a curriculum that is academically equivalent to the child's particular grade, and provide the superintendent with documentation.
Parents/guardians should do the following when educating a child at home:
When parents/guardians submit a letter of intent and the outline of the curriculum they will use to the superintendent of the board of education, the superintendent notifies the parents within a designated period of time (for example, 30 working days from the receipt of the letter of intent and the outline of the curriculum) regarding homeschooling.
In New Jersey, parents/guardians or other persons teaching a child at home are not required to have a teaching license. They should, however, be prepared to teach in the areas of instruction.
Parents/guardians develop the curriculum, teach the child at home and determine the child's progress through testing. Parents/guardians tnay teach the child or may contract a person tb teach the child at home.
The local board of education must ensure that children between six and 16 years of age are receiving an education in accordance with the compulsory education law.
If parents educate a child at home, they should notify the superintendent of the board of education in which they reside by submitting an outline of the curriculum (academic subjects, goals/objectives, comparable days/hours, books/materials)
showing "academic equivalency to that provided in the public school for a child of similar grade and attainments Equivalency refers to curricular content (English, mathematics, science, social studies, etc.). State v. Massa, 95 N.J. Super. 382 (1967). The State v. Massa court decision interpreted "equivalent" to mean equivalency of academic curricular content rather than equivalency of outcome or quality of instruction, and not equivalency of social development.
The superintendent of the board of education should do the following when receiving a request for homeschooling from the parents/guardians:
The superintendent of the board of education either accepts the curriculum as documentation that the parents/guardians are educating the child at home or shows that "The curriculum is not academically equivalent to that provided in public schools." If the superintendent of the board of education is doubtful that the parents/guardians are providing an education or are capable of providing an education for the child, the superintendent and board of education may challenge the parents/guardians by bringing truancy proceedings under N.J.S.A. 18A: 38-25 et seq. A public school district may not impose requirements such as instruction by a certified teacher or equivalent opportunities for socialization and enrichment as a condition for approval. If the parents/guardians are challenged in court by a superintendent and board of education, the district must demonstrate that the parents are not providing a curriculum that is "academically equivalent to that provided in the public school for a child of similar grade and attainments State v. Vaughn, 44 N.J. 142 (1965).
A public school district is not required or pennifted to test a child educated at home, to review the quality of instruction provided or to monitor the results of home instruction unless the parents request and the public school district so chooses. The public school district is only responsible to ensure that a child educated at home is receiving an education and is not truant from school. The district's authority in requiring the submission of a curriculum for academic equivalency flows from its obligation to enforce the compulsory education law. Therefore if parents/guardian are educating a child at home, the public school district may not enforce the compulsory education law for a child under six or over 16 years of age. For parents/guardians educating a kindergarten child at
home, it is recommended that they submit a letter of intent and an outline of the curriculum to the superintendent of the board of education in which they reside to allow for a smooth transition to school.
When a superintendent and board of education believe that a person is not complying with the compulsory education law, they must initiate truancy proceedings in municipal court where a parent may be found guilty of a disorderly person offense and fined in accordance with N.J.S.A. 18A: 38-27 and 1 BA: 38-3 1.
Parents/guardians should submit a letter of intent that includes: the name, age and grade level of the child, and documentation (academic subjects, goals/objectives, comparable days/hours, books/materials) showing that the instruction is academically equivalent to that provided in the local public school for a child of similar grade and attainment. The superintendent reviews the outline of the curriculum from the parent/guardians (academic subjects, goals/objectives, comparable days/hours, books/materials) to determine academic equivalency, and, if necessary, requests additional information regarding academic equivalency. The superintendent notifies the board of education; and the board, upon the recommendation of the superintendent, accepts the curriculum as academically equivalent. The superintendent also notifies parents/guardians in writing within a designated period of time (for example, 30 working days from the receipt of the letter of intent and the outline of the curriculum) that the curriculum is accepted by the board of education as academically equivalent and that they may educate the child at home.
If parents/guardians are not sending the child to school and refuse to submit documentation (academic subjects, goals/objectives, comparable days/hours, books/materials), the superintendent informs the parents that they must enroll the child in school or initiates truancy proceedings in the municipal court.
If parents are not providing academically equivalent instruction, the superintendent and the board of education initiate proceedings in,the municipal court. In municipal court, parents bear the initial burden of introdli ;cing evidence that equivalent instruction is being provided to the child at home an d that there is compliance with N.J.S.A. 18A: 38-25. Once such evidence is introduced, the local board of education must prove, beyond a reasonable doubt, that equivalent instruction is or is not being provided (State v. Vaughn, 44 N.J. 142 1965). If the parents are not providing academically equivalent instruction, the municipal court will subject them to a fine in accordance with N.J.S.A. 18A: 38-27 and 18A: 38- 31 and order the parents to send the child to school or comply with the compulsory education law.
A child who is being educated at home retains certain rights under federal laws pertaining to special education. The federal law (individuals With Disabilities Education Act, 34 C.F.R. SEC. 300.200) states that the local board of education must ensure that "all children residing within the jurisdiction of the local educational agency (LEA) who are handicapped regardless of the severity of the handicap, ... are identified, located and evaluated..." The superintendent of the board of education has responsibility to consider requests for evaluation of all potentially disabled children and make determinations whether or not to conduct evaluations. This requirement includes children who are being educated at home. Parents must be given notice of this determination. If the child study team of the public school district determines that an evaluation is required, the procedures outlined in N.J.A.C. 6:28-3.4 are followed. If a child is eligible for special education, the child study team shall determine a classification category and develop an individualized. education program (IEP) in accordance with N.J.A.C. 6:28-3.6
Federal policy has determined that children with educational disabilities who are educated at home may be provided a special education program including related services according to state statute. Currently, the provision of such services in New Jersey is permitted but not mandated. In addition, children with educational disabilities who are educated at home are not covered by Chapter 192 or Chapter 193 services. These services are available only to pupils with educational disabilities who are enrolled full-time in nonpublic elementary and secondary schools as defined in N.J.S.A. 18A: 46A-1 et seq. and 18A: 46-19.1 et seq-
For a child with educational disabilities who is being educated at home, the public school district must be ready to implement the special education program described in the individualized education program (IEP) if the parents reenroll the child in the public school. In addition, the public school district must be ready to review the IEP annually and be ready to conduct a reevaluation every three years. The public school district should contact the parents of a classified child who is being educated at home to offer these services. Documerytation of such contact and any evaluations or IEPs should be maintained in the child's record.
A board of education may wish to develop a policy regarding the provision of services to children with educational disabilities who are being educated at home. Boards of education should consuft with their aftomeys to assure the policy is consistent with state and federal requirement.
Any determination that the public school district makes regarding the provision of a special education program to a classified child who is being educated at home may be challenged by the parents. This does not preclude the possibility that a judge could order a public school district to provide special education services beyond the identification, evaluation and development of an IEP that are clearly required by federal regulations.
When parents/guardians are educating a child at home, the child is not enrolled in a school and is, therefore, not accorded any of the entitlements or privileges of the public school district unless specifically provided,'. as in the federal law described above under the special education section. Any services offered, other than special education evaluations, are at the sole discretion of the board of education once the child is identified as being educated at home:
If the child enters the public school after a period of homeschooling, the public school district must evaluate the work of the child and determine placement. The public school district objectively evaluates the child's skill and achievement levels, as it would with any transfer student, before making a determination as to acceptability of credits and appropriate grade level. Likewise a child educated at home does not receive a state dndorsed high school diploma from the board of education. BOARD POLICY Boards of education should adopt a policy for homeschoolers and consuft with their aftomeys regarding homeschooling issues. That policy should include the following:
For further information about homeschooling, contact John Lally, Office of Nonpublic School Services, Division of Field Services, at (609)-984-7814.