In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. It is made for the parent who fails or refuses to properly educate his child. " The purpose of the law is to insure the education of all children. This case presents two questions on the issue of equivalency for determination. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Mr. and mrs. vaughn both take a specialized subject. Massa's qualifications. Mr. and Mrs. Massa appeared pro se.
Mr. And Mrs. Vaughn Both Take A Specialized Part
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. 90 N. 2d, at p. 215). 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. This is not the case here. Mrs. Mr. and mrs. vaughn both take a specialized role. 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.
Mr. And Mrs. Vaughn Both Take A Specialized
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. The sole issue in this case is one of equivalency. She felt she wanted to be with her child when the child would be more alive and fresh. Massa was certainly teaching Barbara something. 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. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. 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. Mr. and mrs. vaughn both take a specialized. The results speak for themselves. 00 for each subsequent offense, in the discretion of the court. 665, 70 N. E. 550, 551 (Ind. 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. 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.
Mr. And Mrs. Vaughn Both Take A Specialized Role
170 (N. 1929), and State v. Peterman, supra. 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. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 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. Her husband is an interior decorator. 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. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 372, 34 N. 402 (Mass.
Mr. And Mrs. Vaughn Both Take A Specialized Body
It is in this sense that this court feels the present case should be decided. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. 1950); State v. Hoyt, 84 N. H. 38, 146 A. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 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. State v. MassaAnnotate this Case. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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. 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 Subject
Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 1893), dealt with a statute similar to New Jersey's. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. She also maintained that in school much time was wasted and that at home a student can make better use of her time. The lowest mark on these tests was a B. The State placed six exhibits in evidence. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. 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. Barbara takes violin lessons and attends dancing school.
Mr. And Mrs. Vaughn Both Take A Specialized Study
70 N. E., at p. 552). The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. Mrs. Massa called Margaret Cordasco as a witness. Mrs. Massa satisfied this court that she has an established program of teaching and studying. There is no indication of bad faith or improper motive on defendants' part.
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. " Our statute provides that children may receive an equivalent education elsewhere than at school. Rainbow Inn, Inc. v. Clayton Nat. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group.
She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. She also is taught art by her father, who has taught this subject in various schools. She evaluates Barbara's progress through testing. He also testified about extra-curricular activity, which is available but not required. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. Conditions in today's society illustrate that such situations exist. A statute is to be interpreted to uphold its validity in its entirety if possible. Defendants were convicted for failure to have such state credentials. 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.
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