Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. 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. Mr. Mr. and mrs. vaughn both take a specialized study. and Mrs. Massa appeared pro se. The State placed six exhibits in evidence. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group.
A statute is to be interpreted to uphold its validity in its entirety if possible. Conditions in today's society illustrate that such situations exist. She felt she wanted to be with her child when the child would be more alive and fresh. She also maintained that in school much time was wasted and that at home a student can make better use of her time.
Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. There is no indication of bad faith or improper motive on defendants' part. She also is taught art by her father, who has taught this subject in various schools.
If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. 1927), where the Ohio statute provided that a child would be exempted if he is being instructed at home by a qualified person in the subjects required by law. Even in this situation, home education has been upheld as constituting a private school. Superior Court of New Jersey, Morris County Court, Law Division. Defendants were convicted for failure to have such state credentials. 00 for each subsequent offense, in the discretion of the court. The case of Commonwealth v. Roberts, 159 Mass. The results speak for themselves. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. See People v. Levisen, 404 Ill. 574, 90 N. Mr. and mrs. vaughn both take a specialized program. 2d 213, 14 A. L. 2d 1364 (Sup.
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. " A group of students being educated in the same manner and place would constitute a de facto school. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. The lowest mark on these tests was a B. 384 Mrs. Mr. and mrs. vaughn both take a specialized structure. Massa testified that she had taught Barbara at home for two years before September 1965. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. Our statute provides that children may receive an equivalent education elsewhere than at school. 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 Massachusetts statute permitted instruction in schools or academies in the same town or district, or instruction by a private tutor or governess, or by the parents themselves provided it is given in good faith and is sufficient in extent. The State presented two witnesses who testified that Barbara had been registered in the Pequannock Township School but failed to attend the 6th grade class from April 25, 1966 to June 1966 and the following school year from September 8, 1966 to November 16, 1966 a total consecutive absence of 84 days.
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. The purpose of the law is to insure the education of all children. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 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. It is in this sense that this court feels the present case should be decided. The California statute provided that parents must send their children to public school or a private school meeting certain prescribed conditions, or that the children be instructed by a private tutor or *389 other person possessing a valid state credential for the grade taught. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. Barbara takes violin lessons and attends dancing school.
She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. 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. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. Had the Legislature intended such a requirement, it would have so provided. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 1893), dealt with a statute similar to New Jersey's. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. Mrs. Massa introduced into evidence 19 exhibits. This alone, however, does not establish an educational program unequivalent to that in the public schools in the face of the evidence presented by defendants.
He also testified about extra-curricular activity, which is available but not required. Neither holds a teacher's certificate. Mrs. Massa called Margaret Cordasco as a witness. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. 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. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). And, has the State carried the required burden of proof to convict defendants? There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 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. 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.
Defendants were charged and convicted with failing to cause their daughter Barbara, age 12, regularly to attend the public schools of the district and further for failing to either send Barbara to a private school or provide an equivalent education elsewhere than at school, contrary to the provisions of N. S. A. 372, 34 N. 402 (Mass. 861, 263 P. 2d 685 (Cal. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 124 P., at p. 912; emphasis added). Bank, 86 N. 13 (App. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. He testified that the defendants were not giving Barbara an equivalent education. 665, 70 N. E. 550, 551 (Ind.
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. 70 N. E., at p. 552). Mrs. Massa satisfied this court that she has an established program of teaching and studying. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. Faced with exiguous precedent in New Jersey and having reviewed the above cited cases in other states, this court holds that the language of the New Jersey statute, N. 18:14-14, providing for "equivalent education elsewhere than at school, " requires only a showing of academic equivalence. 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. N. 18:14-14 provides: "Every parent, guardian or other person having custody and control of a child between the ages of 6 and 16 years shall cause such child regularly to attend the public schools of the district or a day school in which there is given instruction equivalent to that provided in the public schools for children of similar grades and attainments or to receive equivalent instruction elsewhere than at school. "
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. She evaluates Barbara's progress through testing. 1950); State v. Hoyt, 84 N. H. 38, 146 A. 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. " COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. The other type of statute is that which allows only public school or private school education without additional alternatives. 90 N. 2d, at p. 215). It is made for the parent who fails or refuses to properly educate his child. " Massa was certainly teaching Barbara something. Mrs. Massa is a high school graduate. She had been Barbara's teacher from September 1965 to April 1966. People v. Levisen and State v. Peterman, supra. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith.
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. Five of these exhibits, in booklet form, are condensations of basic subjects, booklets are concise and seem to contain all the basic subject material for the respective subjects. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. There are definite times each day for the various subjects and recreation. 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. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. Rainbow Inn, Inc. v. Clayton Nat.
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