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. " He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. COLLINS, J. Mr. and mrs. vaughn both take a specialized. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court.
Mr. And Mrs. Vaughn Both Take A Specialized Program
There is no indication of bad faith or improper motive on defendants' part. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. 1950); State v. Hoyt, 84 N. H. Mr. and mrs. vaughn both take a specialized subject. 38, 146 A. 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. And, has the State carried the required burden of proof to convict defendants? She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially.
Mr. And Mrs. Vaughn Both Take A Specialized Job
Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. 00 for a first offense and not more than $25. 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 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 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. What does the word "equivalent" mean in the context of N. 18:14-14? 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. Mrs. Mr. and mrs. vaughn both take a specialized type. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). Rainbow Inn, Inc. v. Clayton Nat.
Mr. And Mrs. Vaughn Both Take A Specialized Test
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. " Neither holds a teacher's certificate. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 124 P., at p. 912; emphasis added). 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 case presents two questions on the issue of equivalency for determination. The lowest mark on these tests was a B. Even in this situation, home education has been upheld as constituting a private school. She also is taught art by her father, who has taught this subject in various schools. The court in State v. Peterman, 32 Ind. Massa was certainly teaching Barbara something.
Mr. And Mrs. Vaughn Both Take A Specialized Type
861, 263 P. 2d 685 (Cal. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. 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. State v. MassaAnnotate this Case. 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. 170 (N. 1929), and State v. Peterman, supra. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147).
Mr. And Mrs. Vaughn Both Take A Specialized Subject
Decided June 1, 1967. It is made for the parent who fails or refuses to properly educate his child. " A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 70 N. E., at p. 552). 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. This is not the case here. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith.
Mr. And Mrs. Vaughn Both Take A Specialized
She had been Barbara's teacher from September 1965 to April 1966. 00 for each subsequent offense, in the discretion of the court. He testified that the defendants were not giving Barbara an equivalent education. There are definite times each day for the various subjects and recreation. The purpose of the law is to insure the education of all children. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. 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. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Practice
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. 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. 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. " 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. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. Mrs. Massa is a high school graduate. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. Superior Court of New Jersey, Morris County Court, Law Division. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools.
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. Mrs. Massa introduced English, spelling and mathematics tests taken by her daughter at the Pequannock School after she had been taught for two years at home. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. He also testified about extra-curricular activity, which is available but not required. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. 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.
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. She also maintained that in school much time was wasted and that at home a student can make better use of her time. 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. The majority of testimony of the State's witnesses dealt with the lack of social development. 1893), dealt with a statute similar to New Jersey's. Conditions in today's society illustrate that such situations exist. The results speak for themselves. The other type of statute is that which allows only public school or private school education without additional alternatives.
Defendants were convicted for failure to have such state credentials. Mrs. Massa called Margaret Cordasco as a witness. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. The sole issue in this case is one of equivalency. 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. Cestone, 38 N. 139, 148 (App. She evaluates Barbara's progress through testing. 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.
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