NCLL Helps Homeschool Mom Win Education Rights Victory

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A New Jersey judge attempts to order a woman to place children in public school

Parents and guardians in every state in the United States have a right to homeschool their children, with varying levels of regulation. One mother, guardian of three children, was denied that right, but eventually had that decision reversed.

Mrs. Marshall called the National Center for Life and Liberty ( to report that she had been in court on another matter when the judge instructed her to put her three minor children in public school (Patricia Marshall & Robert Marshall vs. Stacy Martell & David Geis Superior Court of New Jersey, Chancery Division – Family Part – Gloucester County Docket No. FD-08-534-13). The state of New Jersey only loosely regulates homeschooling, and county court judges have no initial authority to allow or prohibit home education.

“This case represented a clear denial of this guardian's fundamental right to direct the upbringing of the children entrusted to her care,” stated Attorney David Gibbs III, founder of the National Center for Life and Liberty. “The only thing required of parents in New Jersey is that they notify the local school board of their intent to ‘educate their child elsewhere.’”

In a brief hearing on September 23, 2015, Attorney Gibbs asked the judge to dismiss the prior order, and the judge did. Mrs. Marshall is now free to educate her children any way she sees fit.

The National Center for Life and Liberty is a non-profit legal ministry dedicated to defending the constitutional rights of Christians across America. They are active in advising and representing pastors, churches, and individuals facing challenges to their faith in the schoolhouse, the marketplace, and the courthouse.

Mrs. Jane Kelley, Executive Assistant to Attorney David Gibbs III

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