| Home
schooling is an educational program provided at home,
usually by the parent(s) or legal guardian(s) of the
child. Children are taught using their own curriculum
or published home school curriculum. The Board
of Education recognizes that home schooling is an option
for parent(s) or legal guardian(s) under the compulsory
education law.
A. Legal Requirement for Compulsory
Attendance
1. N.J.S.A. 18A:38-25 requires
all children six to 16 years to attend the public
schools or a day school in which there is given instruction
equivalent to that provided in the public school for
children of similar grades and attainments or to receive
equivalent instruction elsewhere other than school.
2. The parent(s) or legal
guardian(s) of a child that is home schooled is responsible
to ensure their child receives instruction equivalent
to that provided in the public school for children
of similar grades and attainments or to receive equivalent
instruction elsewhere other than school.
3. The Superintendent may
report to the appropriate municipal authorities those
children whom he/she has reason to believe are not
offered instruction outside the schools equivalent
to that offered in the public schools for children
of similar ages or attainments.
4. If the Superintendent or
designee makes a report, the parent(s) or legal guardian(s)
of a pupil receiving instruction elsewhere other than
school may notify the Superintendent of their child's
educational program status and provide sufficient
information to satisfy the district that equivalent
instruction is being offered.
5. Parent(s) or legal guardian(s)
of a home schooled pupil are not required to seek
approval from the district or to submit materials
to the Superintendent in order to permit it to make
a determination as to the equivalency of the instruction.
B. Truancy/Violations of Compelling
Attendance
1. When a Superintendent and
Board believe a person is not complying with the compulsory
education law (N.J.S.A. 18A:38-25 et seq.) they must
initiate truancy proceedings in municipal court where
a parent may be found guilty of a disorderly persons
offense and fined in accordance with N.J.S.A. 18A:38-27
and N.J.S.A. 18A:38-31.
2. If the parent(s) or legal
guardian(s) are challenged in court by the Superintendent
or Board, the district must demonstrate, beyond a
reasonable doubt, 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 attainment.
C. District Requirements for
Home Schooled Pupils
1. Unless requested by the
parents, and agreed to by the school district, the
school district is not required or permitted to:
a. Test a child educated
at home;
b. Review the quality of
instruction received at home; or
c. To monitor the results
of home instruction.
2. When children are educated
at home and are not enrolled in a school, the school
district will not provide entitlements or privileges
of pupils enrolled in the school district unless specifically
provided in the federal special education laws.
3. A child educated at home
shall not receive a state endorsed high school diploma
from the Board of Education.
D. Pupils With Disabilities
1. The Superintendent will
consider requests for evaluation of all potentially
disabled home schooled children and make determinations
whether or not to conduct evaluations.
a. If the school district's
Child Study Team (CST) determines that an evaluation
is required, the procedures as outlined in N.J.A.C.
6A:14 are followed.
b. If the child is eligible
for special education, the CST will determine a
classification category and develop an Individualized
Education Program (IEP) in accordance with N.J.A.C.
6A:14.
c. Home schooled children
with disabilities may be provided a special education
program including related services.
d. If a home schooled child
with disabilities re-enrolls in the public school,
the school district must implement the special education
program described in the IEP. The school district
will also review the IEP annually and be ready to
conduct re-evaluation every three years.
e. The school district will
notify the parent(s) or legal guardian(s) of a classified
child who is being educated at home to offer services
as required by law. The documentation of this notice
will be maintained in the child's record file.
f. Any determination by
the school district CST regarding the provision
of a special education program to a classified child
who is being educated at home may be challenged
by the parent(s) or legal guardian(s).
E. Curricular and Co-Curricular
Activities
When children are educated at home and are not enrolled
in a school, the school district is not required to
provide any of the entitlements or privileges of pupils
enrolled in the school district unless specifically
provided in the federal special education laws.
1. Curricular activities -
Home schooled children will not be permitted to participate
in school curricular activities, (e.g. field trips).
2. Co-Curricular activities - Home schooled children will not be permitted to participate in school co-curricular activities (e.g. clubs and athletics).
3. Textbooks - The school
district may loan books or materials to home schooled
children.
4. Home schooled pupils are
permitted to enroll in shared time vocational programs,
and once enrolled they become public school pupils
and are entitled to payment of tuition and eligible
for transportation.
Home Schooling in New Jersey
PTM NO. 1400.66 New Jersey Department of Education,
30 April 1997
Commissioner of Education Correspondence dated 9 April
1998
Issued: 16 April 2001
Revised: 31 August 2010
|
