Brenda Spencer withdrew her sixth grader from their New Jersey public school district several years ago, allegedly to home-school the girl, authorities said.
Over the next seven years, the now 18-year-old says she was abused and held prisoner by her mother and stepfather in tiny spaces, including a dog crate and a bathroom at their Camden County home.
Prosecutors detailed kidnapping and other charges against Spencer, 38, and Branndon Mosley, 41, earlier this week after cops said the teenager escaped the house last week and sought help.
The extraordinary allegations about what happened in a seemingly-ordinary house in the Blackwood section of Gloucester Township raised new questions about whether anyone checked on the girl or her 13-year-old sister after they left public school to be home-schooled.
Unlike some other states, New Jersey has few rules about monitoring students who are home-schooled.
The state Department of Education says parents or guardians who home-school are “responsible for the educational outcomes of the child. The local board of education is not required or authorized to monitor the outcomes of the child.”
The Gloucester Township School District, where the girls previously attended school, is cooperating with the investigation, prosecutors said. District officials declined to comment on the case.
When was the girl removed from school?
The teen told police she had been abused since approximately 2018, when she completed sixth grade and was withdrawn from school to be home-schooled, according to an affidavit of probable cause in the case.
She also said her now 13-year-old sister, who also lives in the house, was removed from school after second grade to be home-schooled, a year after her older sister.
Authorities did not say which Gloucester Township school the pair attended.
“Failing to provide adequate access to education” is among the many criminal charges filed against Spencer and Mosley.
The house in Blackwood where police say a teenager was confined in a dog crate and abused for years.Matthew Enuco
What are New Jersey’s homeschooling rules?
New Jersey home-schooling laws are some of the most lax in the nation with little to no oversight by the state or local district, according to the Home School Legal Defense Association, a national homeschooling organization that defends homeschooler’s rights.
“In New Jersey, once a parent tells a school that it is their intent to home-school, there’s no real oversight,” said Mary Coogan, president of Advocates for Children of New Jersey, a group that advocates for research-based programs that improve outcomes for children.
“There’s information regarding the curriculum, what you should be teaching your child, but there’s no oversight,” she said.
Camden County Prosecutor Grace C. MacAulay, speaking at a press conference on Wednesday, also said there is no state law that requires districts to follow up with students removed from local schools for home-schooling.
Can anyone remove a child from public school?
Parents or anyone who officially has custody of a child between 6 and 16 must ensure the child “regularly attends” either public school or a private school with similar instruction, according to the state Department of Education.
However, the law also says students can “receive equivalent instruction elsewhere than at school” — a provision that allows New Jersey parents to home-school.
Anyone found to be in violation of the law could be subjected to a nominal fine of no more than $25 for the first offense and no more than $100 for each subsequent offense, according to the state.
Parents can start home-schooling by informing their local board of education that they are withdrawing their child from school.
Is anyone required to check on the quality of a home-schooled child’s education?
Parents or guardians who home-school are responsible for a child’s education, not public officials, according to the state Department of Education.
There are no requirements for the local school board to monitor home-schooled students’ curriculum or how much they are learning. Home-schooled students don’t take annual state assessment tests.
In some other states, including New York, parents must file a quarterly report with a district superintendent and demonstrate that their child is in school roughly the same amount of hours as public school students.
In New Jersey, no entity is charged with checking in on a home-schooled child. But, if local school officials suspect a child is not being educated, they can step in.
“If it appears that the child is not receiving an education” in accordance with the law, the local board of education can consult with its attorney about possible charges against the parents or guardian, according to the state Department of Education.
Coogan, head of Advocates for Children of New Jersey, said without any reporting requirement like the quarterly reports New York requires, New Jersey school officials have no solid way of getting information about a home-schooled child.
“You could argue that maybe the New Jersey laws are a little too vague,” Coogan said.
But many home-schooling families have fought against oversight because they want freedom to decide how, where and when their child learns, she said.
In the Gloucester Township case, Coogan said there is no guarantee abuse allegations would have been filed if someone had checked on the teenager.
“In the area of neglect, only about 3% of the calls are actually determined to be neglect,” she said. “I don’t know that any of these regulations would have put eyes on this young woman.”
Who can report abuse?
Anyone can report abuse allegations.
The state Department of Children and Families says, “Any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse should immediately report this information to the State Central Registry.”
If the situation is an emergency state officials recommend calling 911 and 1-877 NJ ABUSE (1-877-652-2873).
New Jersey teachers could be fined if they fail to report suspected abuse. Like law enforcement and healthcare workers, teachers are mandated to make reports.
In the Gloucester Township case, no complaints about the property were filed by neighbors and there was no previous allegations of child abuse at the house, prosectors said.
Staff writer Matthew Enuco contributed to this report.
Stories by Liz Rosenberg
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Liz Rosenberg may be reached at lrosenberg@njadvancemedia.com.