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. Mrs. Massa is a high school graduate. 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. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. People v. Mr. and mrs. vaughn both take a specialized role. Levisen and State v. Peterman, supra. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS.
Mr. And Mrs. Vaughn Both Take A Specialized Subject
The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 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. 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. It is made for the parent who fails or refuses to properly educate his child. " COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. Cestone, 38 N. 139, 148 (App. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 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. 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. 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.
Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. The other type of statute is that which allows only public school or private school education without additional alternatives. Massa was certainly teaching Barbara something. This case presents two questions on the issue of equivalency for determination.
Mr. And Mrs. Vaughn Both Take A Specialized Assessment
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 court in State v. Peterman, 32 Ind. They show that she is considerably higher than the national median except in arithmetic. 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. Our statute provides that children may receive an equivalent education elsewhere than at school. He also testified about extra-curricular activity, which is available but not required. 00 for each subsequent offense, in the discretion of the court. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. 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. Mr. and mrs. vaughn both take a specialized subject. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. 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.
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. The purpose of the law is to insure the education of all children. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Role
She had been Barbara's teacher from September 1965 to April 1966. 665, 70 N. E. 550, 551 (Ind. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed.
The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. 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. 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. The municipal magistrate imposed a fine of $2, 490 for both defendants. Even in this situation, home education has been upheld as constituting a private school. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. However, within the framework of the existing law and the nature of the stipulations by the State, this court finds the defendants not guilty and reverses the municipal court conviction. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. Barbara takes violin lessons and attends dancing school. 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. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school.
Mr. And Mrs. Vaughn Both Take A Specialized Class
State v. MassaAnnotate this Case. 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. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. Defendants were convicted for failure to have such state credentials.
See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. 124 P., at p. 912; emphasis added). Conditions in today's society illustrate that such situations exist. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. And, has the State carried the required burden of proof to convict defendants? 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. The results speak for themselves. 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. 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.
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