Barbara takes violin lessons and attends dancing school. Her husband is an interior decorator. STATE OF NEW JERSEY, PLAINTIFF, v. Mr. and mrs. vaughn both take a specialized part. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case.
Mr. And Mrs. Vaughn Both Take A Specialized Part
383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). Conditions in today's society illustrate that such situations exist. Mr. and mrs. vaughn both take a specialized. She felt she wanted to be with her child when the child would be more alive and fresh. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. 00 for each subsequent offense, in the discretion of the court. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school.
861, 263 P. 2d 685 (Cal. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. 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. " 00 for a first offense and not more than $25. Mrs. Massa is a high school graduate. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. People v. Levisen and State v. Peterman, supra. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 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. Mr. and mrs. vaughn both take a specialized subject. What does the word "equivalent" mean in the context of N. 18:14-14?
She had been Barbara's teacher from September 1965 to April 1966. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 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. 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 statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. 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. 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. It is in this sense that this court feels the present case should be decided. 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. She evaluates Barbara's progress through testing. They show that she is considerably higher than the national median except in arithmetic. The case of Commonwealth v. Roberts, 159 Mass. Rainbow Inn, Inc. v. Clayton Nat.
He also testified about extra-curricular activity, which is available but not required. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). 1893), dealt with a statute similar to New Jersey's. Defendants were convicted for failure to have such state credentials.
Mr. And Mrs. Vaughn Both Take A Specialized
The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. She also is taught art by her father, who has taught this subject in various schools. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. 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. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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. "
The sole issue in this case is one of equivalency. This case presents two questions on the issue of equivalency for determination. The results speak for themselves. 170 (N. 1929), and State v. Peterman, supra.
Mr. And Mrs. Vaughn Both Take A Specialized Test
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. 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. Our statute provides that children may receive an equivalent education elsewhere than at school. 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.
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. Bank, 86 N. 13 (App. There is no indication of bad faith or improper motive on defendants' part. Mrs. Massa satisfied this court that she has an established program of teaching and studying.
Mr. And Mrs. Vaughn Both Take A Specialized Subject
70 N. E., at p. 552). This is not the case here. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court.
372, 34 N. 402 (Mass. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family.
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