Everything you need to know about homeschooling in New Jersey - a hidden gem with virtually no regulation, sandwiched between heavily-regulated New York and Pennsylvania. No notification, no testing, no records required. Updated for the 2025-2026 school year.
New Jersey is a hidden gem for homeschoolers. Despite being sandwiched between heavily-regulated New York and Pennsylvania, New Jersey operates with virtually no regulation of homeschools. The state's approach is remarkably simple: provide "equivalent instruction elsewhere than at school" and you are complying with the law.
Two landmark court cases from the 1960s established the strong legal protections that homeschoolers enjoy today. State v. Vaughn (1965) established that if parents are charged with truancy, the burden shifts to the state to prove instruction is not equivalent. State v. Massa (1967) clarified that "equivalent" does not mean "identical" to public school education.
The result is one of the lightest regulatory environments in the country: no notification required, no testing, no curriculum approval, no attendance tracking, no record-keeping, and no parent qualifications.
New Jersey has approximately 55,000 homeschool students (about 3.7% of K-12 enrollment). The state requires nothing more than providing "equivalent instruction" for children ages 6-16. The NJ Department of Education has explicitly stated that local boards of education are not authorized to review or approve homeschool programs.
New Jersey's homeschool legal framework is built on a simple statutory requirement reinforced by strong court decisions that protect parental rights.
| Requirement | New Jersey Homeschool |
|---|---|
| Legal Basis | N.J.S.A. 18A:38-25 + State v. Massa (1967) + State v. Vaughn (1965) |
| Notification | None required |
| Attendance | No minimum days or hours |
| Teacher Qualification | None required |
| Required Subjects | None specified (just "equivalent instruction") |
| Curriculum | No approval needed |
| Testing | None required |
| Record-Keeping | None required by law |
This case established that if parents are charged with truancy, they need only introduce evidence of "equivalent instruction." Once that evidence is presented, the burden shifts to the state to prove the instruction is not equivalent. This is an enormously powerful protection for homeschool families.
The court ruled that "equivalent" does not mean "identical" to public school education. Parents are free to choose their own curriculum, materials, and methods. The court sided firmly with homeschool families on educational freedom.
Under N.J.S.A. 18A:38-25, children must attend public school or "receive equivalent instruction elsewhere than at school." The courts have interpreted "equivalent" broadly - it means comparable, not identical. As long as you are genuinely educating your children, you meet this standard. The state cannot require you to follow a specific curriculum or use specific textbooks.
Starting homeschool in New Jersey is one of the simplest processes in the country. In most cases, you simply begin teaching.
No action is required. Choose your curriculum and begin providing instruction. You do not need to notify anyone.
While not legally required for most grades, it is strongly recommended to send a withdrawal letter to the school. This prevents truancy concerns and properly closes your child's enrollment record.
If your child is in grades 9-12 and currently enrolled in public school, the NJ DOE requires a transfer form to be completed when withdrawing. This is the only situation where any paperwork is formally required.
While notification is not legally required, sending a simple letter of intent prevents truancy concerns. If authorities do not know you are homeschooling, they might investigate. A brief letter stating you are providing "equivalent instruction elsewhere than at school" pursuant to N.J.S.A. 18A:38-25 is sufficient.
The school district cannot approve or deny your homeschool. They can only acknowledge receipt of your letter. If any district official suggests you need their approval, this is incorrect. Blue Folder can generate your withdrawal letter pre-filled with your information. Try it free →
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New Jersey does not require any notification to homeschool. You are not required to tell the state, the school district, or any other entity that you are providing home instruction.
| Situation | Requirement |
|---|---|
| Never enrolled in public school | No notification required |
| Withdrawing K-8 from public school | No notification required (recommended) |
| Withdrawing 9-12 from public school | Transfer form required |
Many NJ homeschool families voluntarily send a letter of intent for practical reasons: it prevents truancy investigations, creates a paper trail per the State v. Vaughn ruling, and properly closes your child's public school record. A simple one-paragraph letter is sufficient.
New Jersey does not specify required subjects for homeschoolers. The only requirement is that you provide "equivalent instruction" - and the courts have interpreted this very broadly.
While not legally mandated, most families cover core subjects comparable to public school:
The NJ Department of Education has stated clearly:
"The law does not require or authorize the local board of education to review and approve the curriculum or program of a child educated elsewhere than at school."
Even though New Jersey does not specify subjects, covering a well-rounded curriculum is wise for practical reasons: college preparation, returning to public school, and demonstrating "equivalent instruction" if ever questioned.
New Jersey has no attendance requirements for homeschoolers. There is no minimum number of school days, instructional hours, or specific calendar to follow. You set your own schedule entirely.
There is also no legal requirement to track attendance. The state does not ask for attendance logs and you do not need to submit any records of your school days.
Even though no attendance tracking is required, keeping a basic log can be helpful for your own reference, especially if your child plans to return to public school or apply to college. Many NJ families log 160-180 days informally.
New Jersey does not require any assessment or evaluation of homeschool students. There are no standardized tests, portfolio reviews, progress reports, or evaluations of any kind mandated by the state.
The NJ DOE has stated explicitly:
"The local board of education is not required or authorized to test a child educated elsewhere than at school. A child educated elsewhere than at school is not required to sit for a state or district standardized test."
Some families choose to administer tests voluntarily for their own purposes:
These are administered privately and are entirely for the family's benefit.
New Jersey has no legal requirement to keep records of any kind. You are not required to maintain a portfolio, keep attendance logs, save work samples, or document your curriculum.
However, keeping records is strongly recommended for practical reasons.
Even in a state with zero record-keeping requirements, staying organized makes life easier. Use Blue Folder to upload work samples, track attendance, and build a compliance binder - so you always have documentation if you need it. Try it free →
New Jersey offers no state financial assistance for homeschoolers. There are no ESA programs, vouchers, tax credits, or tax deductions available.
Access to public school resources is at the district's discretion and is not guaranteed by law. The NJ DOE states that local boards are not required to allow homeschool students to participate in regular curriculum, extracurricular activities, or sports.
Some districts do allow homeschoolers to take individual classes, use libraries, or participate in specific programs. Policies vary widely - always ask your local district.
Districts must evaluate a child if requested, but are only required to provide full services to enrolled students. Some services may be available to homeschoolers at district discretion.
New Jersey does not issue diplomas to homeschoolers. Parents issue their own diploma and create transcripts. Alternatives include the GED, HiSET, or completing 30 college credits plus passing the HSPA for a state diploma.
New Jersey's homeschool law is extremely simple, but misconceptions are common. Here are the mistakes new families make most often.
If a school official claims you need district approval, this is incorrect. The NJ DOE has stated that districts are "not required or authorized" to approve homeschool programs. Know your rights under State v. Massa and State v. Vaughn. Contact HSLDA if you experience pushback.
Don't make these mistakes
Blue Folder tracks every requirement and keeps your records organized automatically.
Track New Jersey ComplianceCorrect. New Jersey does not require any notification. However, sending a voluntary letter of intent is recommended to prevent truancy concerns and create documentation per State v. Vaughn.
Present evidence that you are providing "equivalent instruction." Under State v. Vaughn, the burden then shifts to the state to prove your instruction is not equivalent. The mere fact that a child was withdrawn to homeschool is not credible evidence of a problem.
No. The NJ DOE has stated that districts are not authorized to test homeschool students or conduct home visits. If your district makes such demands, contact HSLDA for support.
New Jersey is dramatically less regulated than both New York (which requires annual IHIP plans, quarterly reports, and annual assessments) and Pennsylvania (which requires notarized affidavits, supervisor evaluations, and standardized testing). NJ is one of the easiest states in the country.
No state-level programs. Federal options include 529 Plans (up to $20,000/year for K-12 expenses) and Coverdell ESAs (up to $2,000/year).
Disclaimer: This guide is for informational purposes only and is not legal advice. Homeschool laws can change. Always verify current requirements with the NJ Department of Education or consult a qualified attorney. For legal support, see HSLDA New Jersey. Last updated February 2026.