A3123

An Act concerning home education programs and supplementing Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Prior to the establishment of a home education program and annually thereafter, on or before August 1, a parent or guardian shall submit to the superintendent of the resident school district a notarized letter registering his child in a home education program. The letter shall include:

a. the name and age of each student participating in the home education program;

b. the name of the supervisor of the home education program responsible for the provision of instruction;

c. the address and telephone number of the home education program site;

d. evidence that such subjects as required by law will be offered, including an outline of proposed education objectives by subject area;

e. evidence that each student being registered has been immunized in accordance with the provisions of the State Sanitary Code adopted pursuant to section 7 of P.L.1947, c.177 (C.26:1A-7) and that the student has received the health and medical services required by State law for students of the child’s age; and

f. a certification to be signed by the supervisor that the supervisor, all adults living in the home, and persons having legal custody of a child in a home education program have not been convicted of the criminal offenses enumerated in section 1 of P.L.1986, c.116 (C.18A:6-7.1) within the preceding five years.

2. a. A home education program shall provide instruction to each registered student for a minimum of 180 days each year.

b. A home education program shall include courses in such areas as determined by the Commissioner of Education pursuant to section 3 of this act and such other areas as determined by the supervisor of the home education program.

3. The Commissioner of Education shall develop guidelines for home education programs that provide for a sequential course of study for each grade, K-12.

4. The resident school district shall, at the request of the parent or guardian of a student registered in a home education program, lend copies of the school district’s planned curriculum, textbooks, and other instructional materials appropriate to the student’s age and grade level. The parent or guardian may be charged for the cost of copying documents in accordance with the rates established pursuant to section 6 of P.L.2001, c.404 (C.47:1A-5).

5. a. The resident school district shall permit a student registered in a home education program to participate in the district’s extracurricular activities, including interscholastic athletics, provided that the student:

(1) meets the eligibility criteria or their equivalent for participation in the activity that apply to a student enrolled in the school district;

(2) meets the tryout criteria or their equivalent for participation in the activity that apply to a student enrolled in the school district; and

(3) complies with all policies, rules, and regulations of the governing organization of the activity.

b. In the event that the school district requires a student to complete a medical or physical examination as a condition of participation in the activity, and the school district offers the medical or physical examination to its enrolled students, the school district shall permit a student registered in a home education program to access the examination. The school district shall provide written notification to supervisors of home education programs in the district of the dates and times of the examination.

6. A supervisor of a home education program shall maintain on file for each student enrolled in the home education program a portfolio of records and materials including, but not limited to:

a. a student record that lists reading materials used, samples of writings, worksheets, workbooks, or creative materials used or developed by the student;

b. for students in grade levels three, five, and eight, the results of nationally normed standardized achievement tests in reading/language arts and mathematics administered by the supervisor or the results of Statewide tests administered by the resident school district. The test administrator shall not be the student’s parent or guardian; and

c. an annual written evaluation of the student’s educational progress as determined by a qualified evaluator, who may be a licensed psychologist or a certified school psychologist, a teacher or administrator of a public or nonpublic school in the State, or any other individual approved by the superintendent of the resident school district. The evaluator shall not be the supervisor or his spouse or the student’s parent or guardian. The evaluation shall be based on an interview with the child and a review of the materials collected pursuant to subsections a. and b. of this section and shall certify whether or not an appropriate education is occurring in the home education program.

7. a. The supervisor of a home education program shall annually submit the portfolio required pursuant to section 6 of this act to the resident school district on or before June 30th.

b. At such other times throughout the school year as is necessary, the superintendent of the resident school district may submit a written request to the supervisor of a home education program to review all or part of a home schooled child’s portfolio, if the superintendent has reason to believe that an appropriate education is not occurring. Within 30 days of receipt of the written request, the supervisor of the home education program shall submit the requested documentation to the superintendent of the resident school district.

c. In the event that the supervisor of a home education program fails to submit the documentation required pursuant to this section, the home education program shall be deemed unsatisfactory in providing an appropriate education and children in the home education program between the ages of six and 16 shall be promptly enrolled in the resident school district or a nonpublic school.

8. a. In the event that the superintendent of the resident school district determines, based on his review of the portfolio submitted pursuant to section 6 of this act, that the home education program is unsatisfactory in providing an adequate education, he shall provide written notification of his determination, specifying what aspects of the program are inadequate, to the supervisor of the home education program.

b. Upon receipt of the written notification, the supervisor of the home education program shall have 20 days to submit additional documentation demonstrating that an appropriate education is taking place for the child in the home education program.

9. a. In the event that the supervisor of a home education program fails to submit additional documentation pursuant to subsection b. of section 8 of this act, the home education program shall be deemed unsatisfactory in providing an appropriate education and children in the home education program between the ages of six and 16 shall be promptly enrolled in the resident school district or a nonpublic school.

b. In the event that the supervisor of a home education program submits additional documentation pursuant to subsection b. of section 8 of this act, the superintendent shall review the additional materials and issue a new determination on the adequacy of the program. If the superintendent again finds the home education program to be unsatisfactory in providing an appropriate education, the matter shall be referred to the local board of education to consider termination of the program. The board shall have a hearing no later than 30 calendar days following the day on which the superintendent issued his final determination. The decision of the board shall be made within five days after the close of the hearing. If the board finds the home education program to be unsatisfactory in providing an appropriate education, children in the home education program between the ages of six and 16 shall be promptly enrolled in the resident school district or a nonpublic school. Any appeal of the board's decision shall be made to the Commissioner of Education within 90 days of the decision.

10. This act shall take effect immediately and shall first apply to the 2009-2010 school year.

STATEMENT

This bill requires a parent or guardian seeking to educate his child at home to register with the resident school district prior to the establishment of the home education program. The bill provides that the registration must include: certain descriptive information about the child, his home education supervisor, and the program; a statement that the child will be provided instruction in such subjects as required by law; evidence that the child has been properly immunized and has received necessary health and medical services; and a certification that the supervisor, all adults living in the home, and persons having legal custody of a child in a home education program have not been convicted of certain criminal offenses.

Under the bill, a home education program must provide instruction for a minimum of 180 days each year and must include courses in such areas as determined by the Commissioner of Education. The bill directs the Commissioner of Education to develop guidelines for home education programs that provide for a sequential course of study for each grade, K-12.

The bill directs the resident school district to lend the parent or guardian of a home schooled child copies of the school district’s planned curriculum, textbooks, and other instructional materials, as requested. The bill also provides that the resident school district must permit a student registered in a home education program to participate in the district’s extracurricular activities, including interscholastic athletics, provided that certain conditions are met. Under the bill, the district must provide the student with access to a medical or physical examination, if one is required as a condition of participation in the activity and if the school district offers the medical or physical examination to its enrolled students.

The bill requires the supervisor of a home education program to maintain a portfolio of records and materials demonstrating the student’s work and progress, including the results of standardized tests and an independent evaluation of the student’s educational progress. The bill provides a process for reviewing the adequacy of home education programs. The bill also provides a process for the termination of a home education program determined to be inadequate.