Does Stephanie Ruhle Have Bell's Palsy | State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia

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In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. The majority of testimony of the State's witnesses dealt with the lack of social development. Mr. and mrs. vaughn both take a specialized study. Mrs. Massa conducted the case; Mr. Massa concurred. 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.

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Decided June 1, 1967. 124 P., at p. 912; emphasis added). Massa, however, testified that these materials were used as an outline from which she taught her daughter and as a reference for her daughter to use in review not as a substitute for all source material. 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. 372, 34 N. 402 (Mass. 70 N. E., at p. 552). People v. Levisen and State v. Peterman, supra. 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. Mr. and mrs. vaughn both take a specialized part. 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.

Mr. And Mrs. Vaughn Both Take A Specialized Study

She also is taught art by her father, who has taught this subject in various schools. 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. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? Cestone, 38 N. 139, 148 (App. She felt she wanted to be with her child when the child would be more alive and fresh. Mr. and mrs. vaughn both take a specialized structure. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. Bank, 86 N. 13 (App.

Mr. And Mrs. Vaughn Both Take A Specialized Part

Mr. And Mrs. Vaughn Both Take A Specialized

00 for a first offense and not more than $25. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Mrs. Massa called Margaret Cordasco as a witness. 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. " 665, 70 N. E. 550, 551 (Ind. Her husband is an interior decorator. 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. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. The State placed six exhibits in evidence. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. 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. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted.

Mr. And Mrs. Vaughn Both Take A Specialized Structure

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. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. A statute is to be interpreted to uphold its validity in its entirety if possible. 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. He also testified about extra-curricular activity, which is available but not required. The other type of statute is that which allows only public school or private school education without additional alternatives. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools.

Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. He testified that the defendants were not giving Barbara 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 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. " State v. MassaAnnotate this Case.

861, 263 P. 2d 685 (Cal. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 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. Mrs. Massa is a high school graduate. 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 view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. Defendants were convicted for failure to have such state credentials.

The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. Had the Legislature intended such a requirement, it would have so provided. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. 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 court further said that the evidence of the state was to the effect that defendant maintained no school at his home. 1893), dealt with a statute similar to New Jersey's. 90 N. 2d, at p. 215). 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. 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 outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. Massa was certainly teaching Barbara something. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. There are definite times each day for the various subjects and recreation. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent.

He did not think the defendants had the specialization necessary *386 to teach all basic subjects. The municipal magistrate imposed a fine of $2, 490 for both defendants. 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. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. Our statute provides that children may receive an equivalent education elsewhere than at school.