People v. Levisen also commented on the spirit of the relevant statute stating: "The law is not made to punish those who provide their children with instruction equal or superior to that obtainable in public schools. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. Mr. and mrs. vaughn both take a specialized part. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects.
STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. 1904), also commented on the nature of a school, stating, "We do not think that the number of persons, whether one or many, makes a place where instruction is imparted any less or more a school. " That case held that a child attending the home of a private tutor was attending a private school within the meaning of the Indiana statute. This court agrees with the above decisions that the number of students does not determine a school and, further, that a certain number of students need not be present to attain an equivalent education. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. Mr. and mrs. vaughn both take a specialized body. The family consists of the parents, three sons (Marshall, age 16, and Michael, age 15, both attend high school; and William, age 6) and daughter Barbara. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case.
However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. The results speak for themselves. 170 (N. 1929), and State v. Peterman, supra. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. The lowest mark on these tests was a B. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. Mr. and mrs. vaughn both take a specialized set. 2d 342 (Sup. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. State v. Vaughn, 44 N. 142 (1965), interpreted the above statute to permit the parent having charge and control of the child to elect to substitute one of the alternatives for public school.
A statute is to be interpreted to uphold its validity in its entirety if possible. Mrs. Massa conducted the case; Mr. Massa concurred. However, the State stipulated that a child may be taught at home and also that Mr. or Mrs. Massa need not be certified by the State of New Jersey to so teach. Having determined the intent of the Legislature as requiring only equivalent academic instruction, the only remaining question is whether the defendants provided their daughter with an education equivalent to that available in *391 the public schools. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home.
Mrs. Massa satisfied this court that she has an established program of teaching and studying. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. And, has the State carried the required burden of proof to convict defendants? She also maintained that in school much time was wasted and that at home a student can make better use of her time. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. Defendants presented a great deal of evidence to support their position, not the least of which was their daughter's test papers taken in the Pequannock school after having been taught at home for two years.
The object of the statute was stated to be that all children shall be educated, not that they shall be educated in a particular way. In State v. Peterman, supra, the court stated: "The law was made for the parent, who does not educate his child, and not for the parent * * * [who] places within the reach of the child the opportunity and means of acquiring an education equal to that obtainable in the public schools of the state. " Conditions in today's society illustrate that such situations exist. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. The prosecutor stipulated, as stated above, that the State's position is that a child may be taught at home and that a person teaching at home is not required to be certified as a teacher by the State for the purpose of teaching his own children. Neither holds a teacher's certificate. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area.
Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. These included a more recent mathematics book than is being used by defendants, a sample of teacher evaluation, a list of visual aids, sample schedules for the day and lesson plans, and an achievement testing program. The court in State v. Peterman, 32 Ind. The municipal magistrate imposed a fine of $2, 490 for both defendants. Defendants were convicted for failure to have such state credentials. The majority of testimony of the State's witnesses dealt with the lack of social development. This is not the case here.
The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. 1948), where the Virginia law required certification of teachers in the home and specified the number of hours and days that the child was to be taught each year; Parr v. State, 117 Ohio St. 23, 157 N. 555 (Ohio Sup. After reviewing the evidence presented by both the State and the defendants, this court finds that the State has not shown beyond a reasonable doubt that defendants failed to provide their daughter with an equivalent education. In any case, from my observation of her while testifying and during oral argument, I am satisfied that Mrs. Massa is self-educated and well qualified to teach her daughter the basic subjects from grades one through eight. The Washington statute, however, provided that parents must cause their child to attend public school or private school, or obtain an excuse from the superintendent for physical or mental reasons or if such child shall have attained a reasonable proficiency in the branches of learning required by law. N. 18:14-39 provides for the penalty for violation of N. 18:14-14: "A parent, guardian or other person having charge and control of a child between the ages of 6 and 16 years, who shall fail to comply with *387 any of the provisions of this article relating to his duties shall be deemed a disorderly person and shall be subject to a fine of not more than $5. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. This is the only reasonable interpretation available in this case which would accomplish this end. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. Cestone, 38 N. 139, 148 (App.
Mrs. Massa is a high school graduate. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. However, this court finds this testimony to be inapposite to the actual issue of equivalency under the New Jersey statute and the stipulations of the State. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). It is the opinion of this court that defendants' daughter has received and is receiving an education equivalent to that available in the Pequannock public schools. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. Massa was certainly teaching Barbara something. The case of Commonwealth v. Roberts, 159 Mass. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. Rainbow Inn, Inc. v. Clayton Nat. She evaluates Barbara's progress through testing.
Even in this situation, home education has been upheld as constituting a private school. Her husband is an interior decorator. In Knox v. O'Brien, 7 N. 608 (1950), the County Court interpreted the word "equivalent" to include not only academic equivalency but also the equivalency of social development. Our statute provides that children may receive an equivalent education elsewhere than at school. 861, 263 P. 2d 685 (Cal. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. They show that she is considerably higher than the national median except in arithmetic.
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Inspire employees with compelling live and on-demand video experiences. To try and D m apologize for my mistakes. Caused a good strong woman like you to walk out my life. Now I'll never, never get to clean up the mess I made ooh. Take you to every F party. The ukulele is easier to learn than the guitar and other stringed instruments like the mandolin. DmNo, you won't do the same. You know I'dF do anythBbing for Dmya, yeah Cyeah Cyeah. G 'Cause my heart breaks a little when I C hear your name. Oh honey, baby that's a dead end, you know. AmYou wouldn't do the same. Please enable JavaScript to experience Vimeo in all of its glory. D7 Dm C. D7 Dm C Em.
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