His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. She evaluates Barbara's progress through testing. However, the State stipulated that a child may be taught at home and also that Mr. Mr. and mrs. vaughn both take a specialized structure. or Mrs. Massa need not be certified by the State of New Jersey to so teach. The case of Commonwealth v. Roberts, 159 Mass. He also testified about extra-curricular activity, which is available but not required. She also is taught art by her father, who has taught this subject in various schools. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Program
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. Mr. and mrs. vaughn both take a specialized body. " Her husband is an interior decorator. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions.
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00 for a first offense and not more than $25. Mrs. Massa called Margaret Cordasco as a witness. 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. State v. MassaAnnotate this Case.
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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. 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. 00 for each subsequent offense, in the discretion of the court. 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. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. Bank, 86 N. Mr. and mrs. vaughn both take a specialized program. 13 (App. The court in State v. Peterman, 32 Ind. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 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. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 1893), dealt with a statute similar to New Jersey's.
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The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. There are definite times each day for the various subjects and recreation. The State placed six exhibits in evidence. Cestone, 38 N. 139, 148 (App.
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The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. 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. She had been Barbara's teacher from September 1965 to April 1966. 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. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Conditions in today's society illustrate that such situations exist.
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Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. The other type of statute is that which allows only public school or private school education without additional alternatives. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). 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.
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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. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. She also maintained that in school much time was wasted and that at home a student can make better use of her time.
The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 1950); State v. Hoyt, 84 N. H. 38, 146 A. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. Mrs. Massa introduced into evidence 19 exhibits. She felt she wanted to be with her child when the child would be more alive and fresh. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 90 N. 2d, at p. 215). What does the word "equivalent" mean in the context of N. 18:14-14? People v. Levisen and State v. Peterman, supra. 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. Neither holds a teacher's certificate. 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.
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. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. 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 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. He testified that the defendants were not giving Barbara an equivalent education. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 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. Mrs. Massa is a high school graduate. 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. 124 P., at p. 912; emphasis added). A statute is to be interpreted to uphold its validity in its entirety if possible.
Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. 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. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. 861, 263 P. 2d 685 (Cal.
What could have been intended by the Legislature by adding this alternative? It is made for the parent who fails or refuses to properly educate his child. " 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. 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 purpose of the law is to insure the education of all children.
Superior Court of New Jersey, Morris County Court, Law Division.
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