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. Even in this situation, home education has been upheld as constituting a private school. Mrs. Massa called Margaret Cordasco as a witness. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Mr. and mrs. vaughn both take a specialized assessment. Sup. Decided June 1, 1967. 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. Mr. and Mrs. Massa appeared pro se. 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. She evaluates Barbara's progress through testing. People v. Levisen and State v. Peterman, supra. This is the only reasonable interpretation available in this case which would accomplish this end. 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.
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She felt she wanted to be with her child when the child would be more alive and fresh. 90 N. 2d, at p. 215). 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. 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. Mr. and mrs. vaughn both take a specialized form. 555 (Ohio Sup. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. Her husband is an interior decorator. 861, 263 P. 2d 685 (Cal. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Part
The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. 124 P., at p. 912; emphasis added). Mr. and mrs. vaughn both take a specialized. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. This is not the case here. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Language
Barbara takes violin lessons and attends dancing school. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. The municipal magistrate imposed a fine of $2, 490 for both defendants. The results speak for themselves. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home.
Mr. And Mrs. Vaughn Both Take A Specialized
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. He also testified about extra-curricular activity, which is available but not required. This case presents two questions on the issue of equivalency for determination. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 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. Mrs. Massa conducted the case; Mr. Massa concurred. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 70 N. E., at p. 552). 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.
Mr. And Mrs. Vaughn Both Take A Specialized Step
She also maintained that in school much time was wasted and that at home a student can make better use of her time. 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. State v. MassaAnnotate this Case. Neither holds a teacher's certificate. 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. 1893), dealt with a statute similar to New Jersey's. 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. " A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. The majority of testimony of the State's witnesses dealt with the lack of social development. 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. " Conditions in today's society illustrate that such situations exist. Superior Court of New Jersey, Morris County Court, Law Division. The sole issue in this case is one of equivalency.
Mr. And Mrs. Vaughn Both Take A Specialized Assessment
His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. As stated above, to hold that the statute requires equivalent social contact and development as well would emasculate this alternative and allow only group education, thereby eliminating private tutoring or home education. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. The evidence of the State which was actually directed toward the issue of equivalency in this case fell short of the required burden of proof.
"If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). She also is taught art by her father, who has taught this subject in various schools. What could have been intended by the Legislature by adding this alternative? A group of students being educated in the same manner and place would constitute a de facto school. 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. She had been Barbara's teacher from September 1965 to April 1966. The court in State v. Peterman, 32 Ind. 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. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. Most of his testimony dealt with Mrs. Massa's lack of certification and background for teaching and the lack of social development of Barbara because she is being taught alone. Rainbow Inn, Inc. v. Clayton Nat. There is no indication of bad faith or improper motive on defendants' part. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith.
COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. A statute is to be interpreted to uphold its validity in its entirety if possible. The case of Commonwealth v. Roberts, 159 Mass. He testified that the defendants were not giving Barbara an equivalent education. 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. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 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 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. Defendants were convicted for failure to have such state credentials. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. In discussing the nature of schools the court said, "This provision of the law [concerning what constitutes a private school] is not to be determined by the place where the school is maintained, nor the individuality or number of pupils who attend it. " And, has the State carried the required burden of proof to convict defendants? The other type of statute is that which allows only public school or private school education without additional alternatives.
00 for each subsequent offense, in the discretion of the court. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. There are definite times each day for the various subjects and recreation. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? The lowest mark on these tests was a B. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Massa was certainly teaching Barbara something. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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. "
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Select six photos in Chapter 5 and identify the styles use in each garment. Please also note that due to the nature of the internet (and especially UD), there will often be many terrible and offensive terms in the results. 1-5) Chapter One: Place and Race (pp. Alter/nativas: Latin American Cultural Studies Journal, Black and Tan Realities: Chicanos in the Borderlands of the Hip-Hop Nation. This paper analyzes a wide variety of sources, including the lyrical content of selected rap songs recorded by North and West African Muslims, living in France. Up emotions (bottled). 44-66) Conclusion (pp. Check the other crossword clues of USA Today Crossword November 30 2020 Answers. Hot chocolate holder Crossword Clue Daily Themed Crossword.
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In sum, we argue that whereas the N-Word is used by Blacks in a more race neutral manner within popular culture, its usage among Whites immersed in Black culture is nil.