How to Start Homeschooling in New Jersey

Yes. Homeschooling is completely legal in New Jersey. The legal foundation is strong and has been settled for decades.

N.J.S.A. 18A:38-25 is the compulsory education statute. It requires every child between ages 6 and 16 to attend public school, a private day school, or receive "equivalent instruction elsewhere than at school." That last phrase is what makes homeschooling legal. There is no separate homeschool law. Your right to homeschool exists within the general compulsory attendance provision.

The landmark case State v. Massa, 95 N.J. Super. 382 (1967), defined what "equivalent" means. The court ruled that equivalency is measured by the instruction the child receives, not the qualifications of the instructor. You do not need a teaching certificate, a college degree, or any credential. The court found that a child's progress demonstrates equivalency — not the parent's resume. This ruling is powerful. It means any parent can homeschool in New Jersey, regardless of educational background.

New Jersey's compulsory education ages are 6 through 16 under N.J.S.A. 18A:38-25. Once your child reaches age 6, you must provide instruction. The obligation ends when your child turns 16.

If your child is younger than 6, you have no legal obligation to provide formal instruction yet. Take your time exploring different approaches and finding what fits. If your child is 16 or older, compulsory attendance no longer applies and no instruction is required by law.

Starting to homeschool in New Jersey is remarkably simple. Here is your complete step-by-step:

Step 1: Decide to homeschool. You are not asking permission. There is no application, no approval, and no waiting period. You do not notify anyone. The New Jersey Department of Education has historically acknowledged that no notification is mandated by statute. Your decision takes effect immediately.

Step 2: Withdraw your child (if currently enrolled). If your child is in public school, send a written letter to the school principal or superintendent. Include these four items: (1) your name and contact information, (2) your child's name, date of birth, and current grade, (3) the effective date of withdrawal, and (4) this sentence: "My child is being withdrawn to receive equivalent instruction elsewhere than at school, as provided under N.J.S.A. 18A:38-25." Send it by certified mail or email with read receipt. Keep a copy.

The district should not require additional documentation, a meeting, or approval. If they push back, say: "New Jersey law does not require notification or district approval for home instruction."

If your child has never been enrolled, skip this step entirely. No withdrawal or notification is needed.

Step 3: Choose your approach. New Jersey does not list required subjects for homeschoolers. N.J.S.A. 18A:38-25 says "equivalent instruction" but names no specific subjects. The New Jersey Student Learning Standards under N.J.A.C. 6A:8 apply to public schools only. They are not binding on homeschool families. Use any curriculum — commercial, religious, secular, or self-designed. You have complete freedom.

Step 4: Start teaching. No forms to file. No office to contact. You are homeschooling.

Watch out for district overreach. This is the biggest practical issue New Jersey homeschool families face. Some districts send letters demanding registration, curriculum plans, or test scores. You are not legally obligated to comply. If this happens, respond in writing: "Under N.J.S.A. 18A:38-25, no notification, registration, or reporting is required for home instruction in New Jersey." Contact HSLDA or the Education Network of Christian Homeschoolers of New Jersey (ENOCH) at enochnj.org if a district persists.

Keep records from day one. New Jersey has no recordkeeping requirements by statute. But keeping nothing is a mistake you may not feel for years. Start a file with these four things: (1) a transcript listing courses and grades by year, (2) course descriptions for each subject, (3) samples of your child's best work, and (4) any standardized test scores if you test voluntarily. You will need these for college applications, re-enrollment in public or private school, or demonstrating equivalency if ever challenged.

You issue the diploma. New Jersey does not issue a state homeschool diploma. Parents create and issue their own. Parent-issued diplomas are recognized. Students who want a state-recognized equivalency credential can take the GED or HiSET. Parent-created transcripts have no required state template. Start building yours early in high school.

Public school access is not guaranteed. New Jersey law does not give homeschoolers a statutory right to attend public school classes, play sports, or join extracurricular activities part-time. Access is at the discretion of your local district. Call the school and ask: "Does our district allow homeschooled students to participate in any courses or activities?" Some districts say yes. Many do not.

There is no umbrella school option. Unlike some states, New Jersey does not recognize umbrella schools or cover schools by statute. There is also no religious exemption pathway. The single compliance pathway is "equivalent instruction elsewhere than at school" under N.J.S.A. 18A:38-25.

Special education: know your options before you withdraw. If your child has an IEP and you leave public school, the district is generally no longer obligated to provide IEP services. But two important options remain. First, your district must evaluate your child under federal Child Find requirements, even if homeschooled. Call the special education office and say: "I would like to request a Child Find evaluation for my homeschooled child." These evaluations are free. Second, proportionate share services for parentally placed nonpublic school students may be available under NJAC 6A:14-6.1 and 6A:14-6.2. These can include speech therapy and occupational therapy. Contact your district to ask: "What proportionate share services are available for parentally placed nonpublic school students?"

Moving from another state? Families from states with stricter rules often assume New Jersey requires notification too. It does not. No notification, registration, or record transfer is needed. Just start homeschooling.