When a New Jersey CPS investigator showed up at Angie’s home late last year, she quickly demonstrated to the investigator that the report against her family was unfounded. There were no concerns about her children’s safety or care (name changed for privacy). Then the caseworker learned that the family homeschools.
What happened next left Angie shocked. To prove that her children were being educated in accordance with the law, the investigator ordered Angie to do something not required by New Jersey law. She was told to enroll her daughter in public school and go before the local public school board to obtain approval to homeschool.
After Angie declined to attend the next school board meeting, the investigator said her decision would be reported to CPS supervisors and that she was now “on her own.”
The investigator wrote: “I am reaching out to inform you that I am conferencing your case with our district attorney general to see what steps we are needing to take.”
This sounded like a threat to Angie.
“It was terrible,” she recalled. “I was very frightened.”
Uncertain of how to proceed, and worried that the case could result in severe penalties if left unresolved, Angie called HSLDA for help.
No Basis in Law
After reviewing Angie’s situation, our legal team assured her that the CPS investigator’s demand that she obtain school board approval was entirely inappropriate and without legal basis. There is no such requirement under New Jersey law.
“New Jersey has a powerful but simple homeschool law,” explained Scott Woodruff, HSLDA senior counsel. “Parents must provide instruction equivalent to what their child would receive in school.”
One aspect of the law’s simplicity, he added, is that neither parents nor school administrators are burdened with paperwork—no notice to file and no assessment to submit. In keeping with this streamlined approach, public schools have no legal authority to approve or disapprove any family’s homeschool program.
“In other words,” Woodruff noted, “Angie’s caseworker was demanding something which Angie had no obligation to seek and which the school board had no authority to give.”
HSLDA wrote a letter of support for Angie’s homeschool program. Armed with this letter and other key information we provided to her, Angie worked with the CPS investigator. The case was resolved, and there were no further visits from CPS.
Looking Ahead
Angie is now free to focus on setting up a summer reading schedule for her youngster.
“That’s the beauty of homeschooling,” said Angie. “We can keep going even when a lot of schools have ended their schedules for the year.”
Angie is looking for titles that are not just fun or educational, but also enriching.
“I try to provide my daughter books that nurture the soul,” she explained.
Woodruff said he is pleased to have helped Angie return her attention to ensuring her children are thriving.
“Having to inform officials as to what homeschool law actually says is still one of the things we do most frequently,” he noted. “But as long as families face challenges to their homeschool freedom, we will be here to intervene and make a difference.”