Home Instruction in New Jersey: A Guide for Families and Districts
In New Jersey, a student who can't attend school because of an illness, injury, or medical treatment is entitled to instruction at home or in another out-of-school setting, such as a hospital or treatment program. New Jersey calls this home or out-of-school instruction. This guide covers who qualifies, how the two-physician process works, and the deadlines districts must meet.
What the law says
The rules are in the New Jersey Administrative Code at N.J.A.C. 6A:16-10.1. The district must provide instruction when a student is confined to the home or another out-of-school setting because of a temporary or chronic health condition, or a need for treatment, that keeps them from participating in their usual education setting.
Who qualifies
A student qualifies when their physician determines they need to be out of school for more than 10 consecutive school days, or 20 cumulative school days during the school year. The cumulative option matters for students with chronic conditions who miss school in shorter stretches.
Mental health treatment can qualify too, since the rule covers both health conditions and a need for treatment. Students in hospitals, psychiatric programs, or other treatment settings are included.
How the request works: two physicians
New Jersey's process is distinctive because it involves two doctors:
The student's physician provides a written determination that the student needs home or out-of-school instruction. The parent submits it with a written request to the district.
The school physician reviews that determination and either verifies the need or gives reasons for denial. The school physician may contact the student's physician for more information.
Deadlines districts must meet
Decision within 5 school days: the parent must be told whether the request was verified or denied, and why, within 5 school days of the district receiving the student's physician's determination.
Instruction within 5 school days: services must begin within 5 school days of the school physician's verification. If the need is verified before the student's confinement starts, instruction must begin during the first week of confinement.
What instruction must include
A written plan for delivering instruction, with records of the services provided and the student's progress.
A certified teacher.
One-on-one instruction for enough days and time to continue the student's academic progress, based on what the student is able to participate in.
Instruction aligned with the New Jersey Student Learning Standards and the district's promotion requirements.
Unlike New York, New Jersey doesn't set a fixed number of weekly hours for health-related home instruction. You may see "10 hours per week" in district policies, but that minimum applies to home instruction for reasons other than a health condition, such as disciplinary removals. For health-related instruction, the standard is whatever is sufficient to keep the student progressing.
Longer absences and students with IEPs
Students with IEPs: home instruction must be consistent with the student's IEP to the extent appropriate. If it will last more than 30 consecutive school days in a school year, the IEP team must meet to review the program.
Students without IEPs: if home instruction will last more than 60 calendar days, the school physician refers the student to the child study team for evaluation.
When districts can pause instruction
District policies, based on the state code, typically allow instruction to be withheld if the setting would expose the teacher to a health hazard or dangerous situation, if a parent or a designated adult age 21 or older isn't present during instruction, or if the student's condition prevents them from benefiting. Families should plan for an adult to be home during sessions.
A checklist for families
Ask your child's physician for a written determination that they need to be out of school for more than 10 consecutive or 20 cumulative school days.
Submit it to the district with a written request for home instruction, and keep a copy with the date.
Expect a decision from the school physician within 5 school days.
Once approved, instruction should begin within 5 school days. Arrange for an adult to be home during sessions.
If your child has an IEP, ask whether the IEP team needs to meet.
For districts: staffing home instruction
Two 5-day deadlines leave little room to find a certified teacher who can work around a student's treatment. Einstein Tutoring partners with districts and treatment facilities to provide in-person home and out-of-school instruction, with most students placed within 3 days. Common questions are answered on our homebound instruction FAQ.
This article is general information, not legal advice. Check the full text of N.J.A.C. 6A:16-10.1 and your district's home instruction policy.
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