What case law exists regarding homeschooling?
• State v. Vaughn 44 N.J. 142 (1965): This case deals with the procedures to be employed when a parent/guardian is charged with failing to cause the child to attend school under the compulsory education law. During the prosecution of a case against a parent/guardian for a violation of the compulsory education law, the State needed only to allege a violation of the statute. It was then incumbent upon the parent/guardian to introduce evidence showing that they are relying on one of the two statutory exceptions (day school or equivalent instruction elsewhere than at school). Once there is such evidence in the case, the burden of persuasion with respect to whether the education comes within the exception is with the State. • State v. Massa 95 N.J. Super 382 (1967): In court, the parents were charged with failing to cause the child to attend school under the compulsory education law. The only issue before the court was whether the parents were providing equivalent instruction. The court hel
