New Jersey's whole homeschool law is one phrase: a child may receive "equivalent instruction elsewhere than at school." There is no notice, no test, and no required subject list. What you owe is instruction that is academically equivalent to the public schools, and the ability to show it if anyone has a real reason to ask.
Verified against primary sources November 2026. Laws change; sources are linked at the bottom of this page.
New Jersey law requires every child between 6 and 16 to attend public school, attend an equivalent day school, or "receive equivalent instruction elsewhere than at school" (N.J.S.A. 18A:38-25). That last phrase is what allows homeschooling. No statute requires you to notify anyone, test, keep records, or follow a set curriculum. A 1967 court decision, State v. Massa, held that equivalent means academically equivalent, not equal social experience. The Department of Education says a district may ask you for documentation, such as a letter of intent, only when it has credible evidence that your child is not being educated, and that withdrawing a child to homeschool is not, by itself, that evidence. The department encourages a voluntary notice to your local board.
Every parent or other person with custody and control of a child between the ages of 6 and 16 must have the child regularly attend the public schools, attend a day school giving equivalent instruction, or receive equivalent instruction elsewhere than at school. That last option is home instruction. The statute adds no notice, curriculum, subject list, teacher qualification, or test.
This part comes from a court decision, not the statute. In State v. Massa, 95 N.J. Super. 382 (1967), as the Department of Education summarizes it, the court held that equivalent instruction elsewhere than at school requires only academic equivalency, not equivalent social development from group education. Parents had to show that the instruction was academically equivalent to that provided in the local public school.
Also case law. In State v. Vaughn, 44 N.J. 142 (1965), as the Department of Education describes it, when a parent is charged with violating the attendance law, the parent first has to offer evidence of relying on an exception, such as equivalent instruction elsewhere than at school. Once that evidence is in the case, the State carries the burden of persuasion on whether the education comes within the exception.
This is Department of Education guidance. Local boards enforce the attendance law. If a board has credible evidence that a child is neither attending school nor receiving equivalent instruction, it may request documentation, such as a letter of intent confirming home instruction. The department says that withdrawing a child to homeschool is not, in itself, credible evidence of a violation. The department also says the board is not required or authorized to review or approve your curriculum, monitor outcomes, or test your child.
First, if a district denies enrollment for residency reasons and you do not say you will appeal, a state rule says you will be asked for a written statement that your child will attend another district or a nonpublic school, or receive instruction elsewhere than at a school. Without that statement, staff must report a potential instance of neglect. Second, the Department of Education says that when you remove a child from a public high school, you will complete a transfer form that records the plan for instruction elsewhere than at school. The department cites no rule for the transfer form.
A parent who fails to meet the attendance law is a disorderly person, subject to a fine of not more than $25 for a first offense and not more than $100 for each later offense, at the court's discretion.
| Before you start | If your child is enrolled in a public school, tell the school you are withdrawing for home instruction and keep a copy. For a high school student, expect a transfer form. A voluntary notice to the local board is encouraged by the state, not required. |
| During the year | Nothing is due. New Jersey sets no filing date, test date, or reporting date for home instruction. |
| If the district contacts you | The state's guidance says a board may request documentation, such as a letter of intent, only when it has credible evidence your child is not being educated. A short letter confirming home instruction usually answers it. |
| Never | No curriculum approval, test results, or progress report is sent to the district or the state. |
No statute requires it. The Department of Education encourages a notice to your local board of education so questions about compliance do not come up. It names two situations where you will be asked for a statement: when a district refuses to enroll your child for residency reasons and you do not appeal, and when you take a child out of a public high school, which uses a transfer form. Two 2026 bills (A1886 and S3910) would require a yearly letter. As of November 2026 both sit in committee and are not law.
The statute does not define it. In State v. Massa (1967), as the Department of Education describes the case, the court held that the phrase requires only academic equivalency, not the social development a child gets in a group classroom. The parents had to show that the instruction was academically equivalent to that provided in the local public school.
The Department of Education says no. Its guidance states that the law does not require or authorize the local board of education to review and approve a homeschool curriculum, to monitor outcomes, or to test a child educated elsewhere than at school, and that the child is not required to sit for a state or district test.
No. The Department of Education says a parent, or anyone else teaching a child elsewhere than at school, is not required by law to hold a New Jersey teaching certificate.
Only if the local board allows it. The Department of Education says a board may, but is not required to, let a homeschooled child join classes, clubs, or sports, and may, but need not, lend textbooks. A homeschooled child may apply each year to a county vocational school's shared-time program if space is available.
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Make a free parent accountReference information reviewed August 2026 against primary sources (statutes, NCAA and Common App published requirements). This is general information, not legal advice; requirements change, so verify anything load-bearing for your family against your state's current law.