State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia – How Many Ounces In A Half Gallon Of Ice Cream

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Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. He testified that the defendants were not giving Barbara an equivalent education. 861, 263 P. 2d 685 (Cal. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. Massa was certainly teaching Barbara something. Mr. and Mrs. Mr. and mrs. vaughn both take a specialized test. Massa appeared pro se. 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. He also testified about extra-curricular activity, which is available but not required.

1. Mr. and mrs. vaughn both take a specialized part
2. Mr. and mrs. vaughn both take a specialized body
3. Mr. and mrs. vaughn both take a specialized type
4. Mr. and mrs. vaughn both take a specialized test
5. Mr. and mrs. vaughn both take a specialized set
6. Mr. and mrs. vaughn both take a specialized role
7. Half gallon ice cream maker
8. How many ounces in a half gallon of ice cream
9. Half gallon of ice cream cheese
10. POLL: Have you ever ate a whole half gallon of ice-cream in one sitting?
11. When did a half gallon of ice-cream become 46 oz?
12. How many quarts in a half gallon of ice cream

Mr. And Mrs. Vaughn Both Take A Specialized Part

This case presents two questions on the issue of equivalency for determination. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. 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. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. She evaluates Barbara's progress through testing. The purpose of the law is to insure the education of all children. COLLINS, J. Mr. and mrs. vaughn both take a specialized body. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court.

Mr. And Mrs. Vaughn Both Take A Specialized Body

He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. 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. Our statute provides that children may receive an equivalent education elsewhere than at school. 1893), dealt with a statute similar to New Jersey's. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. Mr. and mrs. vaughn both take a specialized part. 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. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. 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. 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. This is the only reasonable interpretation available in this case which would accomplish this end. 170 (N. 1929), and State v. Peterman, supra.

Mr. And Mrs. Vaughn Both Take A Specialized Type

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. 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. Had the Legislature intended such a requirement, it would have so provided. A statute is to be interpreted to uphold its validity in its entirety if possible. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. It is made for the parent who fails or refuses to properly educate his child. " Cestone, 38 N. 139, 148 (App. 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 Test

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. Her husband is an interior decorator. 124 P., at p. 912; emphasis added). 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. " If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. This is not the case here. Decided June 1, 1967. And, has the State carried the required burden of proof to convict defendants? 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. 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. Even in this situation, home education has been upheld as constituting a private school. What could have been intended by the Legislature by adding this alternative?

Mr. And Mrs. Vaughn Both Take A Specialized Set

Mrs. Massa conducted the case; Mr. Massa concurred. 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. She also maintained that in school much time was wasted and that at home a student can make better use of her time. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. The other type of statute is that which allows only public school or private school education without additional alternatives. State v. MassaAnnotate this Case.

Mr. And Mrs. Vaughn Both Take A Specialized Role

In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. There is no indication of bad faith or improper motive on defendants' part. The California statute provided that parents must send their children to public school or a private school meeting certain prescribed conditions, or that the children be instructed by a private tutor or *389 other person possessing a valid state credential for the grade taught. Defendants were convicted for failure to have such state credentials. There are definite times each day for the various subjects and recreation. 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. " He did not think the defendants had the specialization necessary *386 to teach all basic subjects. 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. 665, 70 N. E. 550, 551 (Ind. 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.

The court in State v. Peterman, 32 Ind. 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. They show that she is considerably higher than the national median except in arithmetic. Mrs. Massa called Margaret Cordasco as a witness. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. 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. 372, 34 N. 402 (Mass. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. 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. 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. " However, I believe there are teachers today teaching in various schools in New Jersey who are not certified.

Mrs. Massa is a high school graduate. 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. Neither holds a teacher's certificate. Mrs. Massa satisfied this court that she has an established program of teaching and studying. 1950); State v. Hoyt, 84 N. H. 38, 146 A. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. 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. The case of Commonwealth v. Roberts, 159 Mass.

It is in this sense that this court feels the present case should be decided. Rainbow Inn, Inc. v. Clayton Nat. The majority of testimony of the State's witnesses dealt with the lack of social development. 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. The municipal magistrate imposed a fine of $2, 490 for both defendants. 70 N. E., at p. 552).

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How Many Ounces In A Half Gallon Of Ice Cream

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