42 J.L. & Educ. 173 (2013)
Homeschooling Laws (or Lack Thereof) in New Jersey - Are Children Slipping through the Cracks

handle is hein.journals/jle42 and id is 175 raw text is: Homeschooling Laws (or lack thereof) in New
Jersey-Are Children Slipping through the
Cracks?
I. INTRODUCTION
There is no doubt that homeschooling has many benefits, including
providing one-on-one instruction, individualized pacing, and the chance
for the student to earn college credits before college begins. However,
not every homeschooled child has the luxury of learning in an environ-
ment that fosters academics. In fact, some homeschooled students may
not be getting an education at all.
The homeschooling requirements in New Jersey, specifically, are
among the most relaxed in the United States. New Jersey has no statute
that specifically addresses homeschooling and there is only one statute
that even hints at a requirement-stating that a child have an equiva-
lent education.' But homeschooled students in New Jersey are not
required to take standardized tests. As a result, the statutory language has
no practical application to ensure that children are in fact receiving an
adequate education. With the lack of any explicit statutory language
addressing homeschooling, the absence of standardized testing of home-
schoolers in New Jersey, and the non-uniform nature of learning envi-
ronments that this creates, the conclusion is unmistakable-there has
been a home-schooling free-fall in New Jersey.
II. THE LAW
New Jersey Statutes Annotated  18A: 38-25, states as follows:
Every parent, guardian or other person having custody and control
of a child between the ages of 6 and 16 years shall cause such child
regularly to attend the public schools of the district or a day school
in which there is given instruction equivalent to that provided in the
1. N.J. Stat. Ann. l8A: 38-25 (West 2012).

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