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The State placed six exhibits in evidence. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. Her husband is an interior decorator. 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. 70 N. E., at p. 552).
Mr. And Mrs. Vaughn Both Take A Specialized Structure
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 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 interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Mr. and mrs. vaughn both take a specialized class. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 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. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material.
The case of Commonwealth v. Roberts, 159 Mass. What does the word "equivalent" mean in the context of N. 18:14-14? 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. Mrs. Massa called Margaret Cordasco as a witness. State v. MassaAnnotate this Case. 861, 263 P. 2d 685 (Cal. Massa was certainly teaching Barbara something. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 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 type. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. What could have been intended by the Legislature by adding this alternative? It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court.
Mr. And Mrs. Vaughn Both Take A Specialized Class
124 P., at p. 912; emphasis added). She also is taught art by her father, who has taught this subject in various schools. Mr. and mrs. vaughn both take a specialized structure. 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. Had the Legislature intended such a requirement, it would have so provided. 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.
Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Even in this situation, home education has been upheld as constituting a private school. This case presents two questions on the issue of equivalency for determination. 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. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. It is in this sense that this court feels the present case should be decided. 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. 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. 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. A statute is to be interpreted to uphold its validity in its entirety if possible. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. The majority of testimony of the State's witnesses dealt with the lack of social development.
Mr. And Mrs. Vaughn Both Take A Specialized Type
1950); State v. Hoyt, 84 N. H. 38, 146 A. Defendants were convicted for failure to have such state credentials. 665, 70 N. E. 550, 551 (Ind. They show that she is considerably higher than the national median except in arithmetic. Rainbow Inn, Inc. v. Clayton Nat. Mrs. Massa satisfied this court that she has an established program of teaching and studying.
1893), dealt with a statute similar to New Jersey's. 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. Our statute provides that children may receive an equivalent education elsewhere than at school. This is not the case here. 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. 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. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. It is made for the parent who fails or refuses to properly educate his child. " 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. 372, 34 N. 402 (Mass. 00 for a first offense and not more than $25.
Mr. And Mrs. Vaughn Both Take A Specialized Step
There is no indication of bad faith or improper motive on defendants' part. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. Bank, 86 N. 13 (App. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. The municipal magistrate imposed a fine of $2, 490 for both defendants. Conditions in today's society illustrate that such situations exist. Cestone, 38 N. 139, 148 (App. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. He also testified about extra-curricular activity, which is available but not required. She felt she wanted to be with her child when the child would be more alive and fresh.
Superior Court of New Jersey, Morris County Court, Law Division. 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. This is the only reasonable interpretation available in this case which would accomplish this end. The court in State v. Peterman, 32 Ind.