Linear Equations 1 (Video / State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia

July 8, 2024, 9:03 pm

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170 (N. 1929), and State v. Peterman, supra. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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 practice. " He also testified about extra-curricular activity, which is available but not required. Barbara takes violin lessons and attends dancing school. This case presents two questions on the issue of equivalency for determination. 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.

Mr. And Mrs. Vaughn Both Take A Specialized Type

The other type of statute is that which allows only public school or private school education without additional alternatives. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. Bank, 86 N. Mr. and mrs. vaughn both take a specialized language. 13 (App. Her husband is an interior decorator. 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 sole issue in this case is one of equivalency. 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.

372, 34 N. 402 (Mass. Neither holds a teacher's certificate. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. Mrs. Massa introduced into evidence 19 exhibits. 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. Mr. and mrs. vaughn both take a specialized body. " Our statute provides that children may receive an equivalent education elsewhere than at school. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. 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. 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 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. 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 court in State v. Peterman, 32 Ind. This is not the case here. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems.

Mr. And Mrs. Vaughn Both Take A Specialized Body

861, 263 P. 2d 685 (Cal. 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. She had been Barbara's teacher from September 1965 to April 1966. 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 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. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 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. The case of Commonwealth v. Roberts, 159 Mass. Mrs. Massa conducted the case; Mr. Massa concurred.

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. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. 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. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. And, has the State carried the required burden of proof to convict defendants? 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 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. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System?

Mr. And Mrs. Vaughn Both Take A Specialized Language

The municipal magistrate imposed a fine of $2, 490 for both defendants. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. 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. 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. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. 70 N. E., at p. 552). 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. " 665, 70 N. E. 550, 551 (Ind. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. There are definite times each day for the various subjects and recreation. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. 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.

If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. It is in this sense that this court feels the present case should be decided. She also is taught art by her father, who has taught this subject in various schools. The results speak for themselves. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. A statute is to be interpreted to uphold its validity in its entirety if possible. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. 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. There is also a report by an independent testing service of Barbara's scores on standard achievement tests.

Mr. And Mrs. Vaughn Both Take A Specialized Practice

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. The State placed six exhibits in evidence. 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. Superior Court of New Jersey, Morris County Court, Law Division. Conditions in today's society illustrate that such situations exist.

Cestone, 38 N. 139, 148 (App. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. She felt she wanted to be with her child when the child would be more alive and fresh. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). However, I believe there are teachers today teaching in various schools in New Jersey who are not certified.
The lowest mark on these tests was a B. It is made for the parent who fails or refuses to properly educate his child. " Rainbow Inn, Inc. v. Clayton Nat. 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. She evaluates Barbara's progress through testing. A group of students being educated in the same manner and place would constitute a de facto school. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. 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. 1893), dealt with a statute similar to New Jersey's. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 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. Mrs. Massa satisfied this court that she has an established program of teaching and studying. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material.

The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. What does the word "equivalent" mean in the context of N. 18:14-14? Decided June 1, 1967.

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