What is the responsibility of the local board of education regarding compulsory education?
The local board of education is required to enforce the compulsory education law, N.J.S.A. 18A:38-25. If the local board of education determines that there is credible evidence that the parent/guardian or other person(s) having custody and control of a school-age child is not causing the child either to attend school (public or nonpublic) or to receive equivalent instruction elsewhere than at school, the board may request documentation, such as a letter of intent from the parent/guardian confirming that the child is either attending a nonpublic school or receiving equivalent instruction elsewhere than at school. The mere fact that a child has been withdrawn to be homeschooled is not, in itself, credible evidence of a legal violation. If it appears that the child is not receiving an education in accordance with N.J.S.A. 18A:38-25, the board may wish to consult with its attorney regarding possible charges against the parent/guardian for failure to have the child educated.
