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Mr. And Mrs. Vaughn Both Take A Specialized Practice - Tyranny Is The Deliberate Removal Of Nuance

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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. Massa appeared pro se. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. She also maintained that in school much time was wasted and that at home a student can make better use of her time. Bank, 86 N. 13 (App. The majority of testimony of the State's witnesses dealt with the lack of social development. Neither holds a teacher's certificate. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. 383 Mr. Mr. and mrs. vaughn both take a specialized delivery. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney).

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Mr. And Mrs. Vaughn Both Take A Specialized Part

There are definite times each day for the various subjects and recreation. And, has the State carried the required burden of proof to convict defendants? He testified that the defendants were not giving Barbara an equivalent education. 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. Mr. and mrs. vaughn both take a specialized program. 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. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. Our statute provides that children may receive an equivalent education elsewhere than at school.

Mr. And Mrs. Vaughn Both Take A Specialized Program

What could have been intended by the Legislature by adding this alternative? 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. 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. " Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Mr. and mrs. vaughn both take a specialized language. 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.

Mr. And Mrs. Vaughn Both Take A Specialized Response

In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. 90 N. 2d, at p. 215). 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. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially.

Mr. And Mrs. Vaughn Both Take A Specialized Step

Had the Legislature intended such a requirement, it would have so provided. The municipal magistrate imposed a fine of $2, 490 for both defendants. It is in this sense that this court feels the present case should be decided. 1893), dealt with a statute similar to New Jersey's. 00 for each subsequent offense, in the discretion of the court. The State placed six exhibits in evidence. 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 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.

Mr. And Mrs. Vaughn Both Take A Specialized Delivery

The case of Commonwealth v. Roberts, 159 Mass. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 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. " Rainbow Inn, Inc. v. Clayton Nat. Mrs. Massa conducted the case; Mr. Massa concurred. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. Cestone, 38 N. 139, 148 (App. 372, 34 N. 402 (Mass.

Mr. And Mrs. Vaughn Both Take A Specialized Language

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. It is made for the parent who fails or refuses to properly educate his child. " 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. 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. " A group of students being educated in the same manner and place would constitute a de facto school. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of 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. 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. 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.

Mr. And Mrs. Vaughn Both Take A Specialized Job

The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. 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. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. Even in this situation, home education has been upheld as constituting a private 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. Mrs. Massa is a high school graduate. A statute is to be interpreted to uphold its validity in its entirety if possible. 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. 1950); State v. Hoyt, 84 N. H. 38, 146 A. Mrs. Massa introduced into evidence 19 exhibits. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). What does the word "equivalent" mean in the context of N. 18:14-14?

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. The purpose of the law is to insure the education of all children. 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 lowest mark on these tests was a B. This is the only reasonable interpretation available in this case which would accomplish this end.

This is not the case here. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. The results speak for themselves.

124 P., at p. 912; emphasis added). There is no indication of bad faith or improper motive on defendants' part. 170 (N. 1929), and State v. Peterman, supra. She evaluates Barbara's progress through testing. 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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Tyranny Is The Deliberate Removal Of Nuance

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