Legal Issues
Is homeschooling legal? Which laws pertain to homeschoolers and which don't? How do homeschoolers protect their rights to freely educate their children and to preserve their privacy?
Political and Legal Support for Homeschoolers in New Jersey
Alliance for the Separation of School & State
An advisory group concerned with educating people about the need to eliminate government involvement in education and the rights of parents to educate their own children. On this site, you will find a public proclamation for the separation of school and state, which you can sign.
NJ Assembly Bill 1918
This is the text of a bill introduced by Assemblywoman Loretta Weinberg, District 37 (Bergen). Would require certain testing and medical examinations of home-schooled children.
Bill A1918 - Legislative Resources
Listed here are documents which chronicle what has already transpired regarding this legislation. Also included are files which can be used as resources and reasons for opposing bill A1918.
National Charter School Watch List
This list is created to be a means of informing, documenting and evaluating available information concerning the impact of virtual/charter schools on the homeschooling community. This information consists of and is not limited to news items, articles from various sources, legislative information (bills, law changes), documented efforts and experiences and other information that may give weight to whether home-based charter schools or virtual schools are having an impact in any negative way on homeschooling.
Legal Issues Affecting the Homeschool Community
Safeguarding Home Education Freedoms at the Local Level
While many parents may not have the opportunity to influence legislation regarding home education on the state level, there are ways to be involved on a local level.
The Legal Side of Homeschooling: An Overview of the Legal Risks and their Solutions
Families homeschooling for the first time inevitably have questions about legal challenges or threats that they might face from local or state education authorities. Those who do seek an answer to these questions are often faced with a confusing array of laws, policies, and regulations that not only vary from state to state, but also between school districts, and school officials within the same state or district.
Together We Stand Free
Details the importance of support alternative educational choices, including private schools and vouchers, along with homeschooling.
Political Influence
Every important movement or trend in this country was followed by an onslaught of legislative actions which resulted in some legal stipulations that controlled the trend. What is really of concern is that this legislative control is not static, but very fluid, subject to change (meaning more restrictions in many cases). These changes occur through either more legislative actions on the part of the government or through interpretation in the judicial system. Currently, the homeschool movement is being closely monitored by various teacher unions, the public and legislative bodies throughout the United States, resulting in more and more laws being passed to control or monitor the movement. If the homeschool movement is to survive in a manner which we feel would be beneficial to us and society as a whole, we have to be more and more diligent in protecting our rights. The only way we can do this is to be more active in the political process. The question now becomes, how do we do this?
The Seduction of Homeschooling Families
Do the public school authorities feel threatened by homeschooling? Judging by their efforts to lure homeschooling families into dependence on local school districts, the answer is apparently yes.
New Jersey Backlash
An interview with Timothy Haas of the New Jersey Homeschool Association regarding the bill introduced by Democrat Loretta Weinberg that would tighten regulations on homeschoolers.
The Politics of Survival: Home Schoolers and the Law
Twenty years ago, home education was treated as a crime in almost every state. Today, it is legal all across America, despite strong and continued opposition from many within the educational establishment. How did this happen? This paper traces the legal and sociological history of the modern home school movement, and then suggests factors that led to this movement's remarkable success.
Homeschooling Litigation: Preparing the Way
The greatest obstacle pioneering homeschoolers faced two decades ago was daunting: in most states home education wasn't legal. This article details five of the most significant cases that have become landmark decisions in the move towards homeschooling freedoms: the DeJonge case in Michigan, the Jeffery case in Pennsylvania, the Diegel case in Ohio, the Triple E case in South Carolina, and the Calabretta case in California.
Homeschoolers vs. Big Brother
New Jersey's child welfare system, like most state child welfare systems, is a corrupt and deadly mess. Children are lost in the shuffle, shipped to abusive foster homes, returned to rapists and child molesters, and left to die in closets while paperwork piles up. So whom does the government decide to punish for the bureaucracy's abysmal failure to protect these innocents? Homeschoolers. And what does the government think will solve its ills? More power and paperwork.
How to Suppress Homeschooling
The education establishment has realized that the socialization issue will be seen for the red herring that it is, and has searched for other means to suppress homeschooling. Two new strategies have emerged, and these pose real threats to homeschooling. The first strategy is to argue that homeschooling needs some form of accreditation. A number of reasons have been offered: it eases the transition back to the public school for those homeschoolers who go back, it is the basis for awarding a recognized diploma, and it makes it easier to provide homeschoolers access to public school programs and facilities such as science classes, libraries, sports, etc. But accreditation is simply another word for conforming, and the desire to not conform is the fundamental reason for choosing to homeschool. Homeschoolers as a group will not be seduced nor will they be tricked by the false promises of accreditation. The second strategy for suppressing homeschooling is one that is much more likely to be successful, and it is to drastically limit homeschoolers’ access to public higher education. In this, the education establishment has discovered its only effective weapon against homeschooling.
State Laws Concerning Participation of Homeschool Students in Public School Activities
This is a list of states that have addressed issues of homeschooler participation in public school classes, sports, activities, etc.
The New Face of Homeschooling
As their ranks increase, homeschoolers are tapping public schools for curriculum, part-time classes, extracurricular services, and online learning.
Looking for Another State?
Featured Resources

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This book series by Susan Wise Bauer is another that is best enjoyed as a read aloud rather than seen as a history textbook. It is full of engaging stories, mixing facts and historical legends. The companion study guides offer questions, narration exercises, activities, crafts, and reproducible pages. There are also lists for each chapter of supplemental books that are easily found at your local library. Story of the World: History for the Classical Child, Volume 1: Ancient Times (From the Ear...
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