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State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia – Hummer Repair | Trained & Certified In Hummer Repair | Vancouver Wa

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She felt she wanted to be with her child when the child would be more alive and fresh. 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 results speak for themselves. Mr. and mrs. vaughn both take a specialized body. A group of students being educated in the same manner and place would constitute a de facto school.

Mr. And Mrs. Vaughn Both Take A Specialized Delivery

It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. 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. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 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. Her husband is an interior decorator. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. 70 N. E., at p. Mr. and mrs. vaughn both take a specialized class. 552). 1893), dealt with a statute similar to New Jersey's. Conditions in today's society illustrate that such situations exist. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. 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 majority of testimony of the State's witnesses dealt with the lack of social development. There is no indication of bad faith or improper motive on defendants' part. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965.

Mr. And Mrs. Vaughn Both Take A Specialized Body

Mrs. Massa is a high school graduate. People v. Levisen and State v. Peterman, supra. 665, 70 N. E. 550, 551 (Ind. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. It is the opinion of this court that defendants' daughter has received and is receiving an education equivalent to that available in the Pequannock public schools. 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. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. Mr. and mrs. vaughn both take a specialized role. 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 other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience.

Mr. And Mrs. Vaughn Both Take A Specialized Class

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. 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. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. 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. This case presents two questions on the issue of equivalency for determination. 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. 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. It is in this sense that this court feels the present case should be decided. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense.

Mr. And Mrs. Vaughn Both Take A Specialized Practice

Neither holds a teacher's certificate. She evaluates Barbara's progress through testing. 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 introduced English, spelling and mathematics tests taken by her daughter at the Pequannock School after she had been taught for two years at home. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. She also is taught art by her father, who has taught this subject in various schools.

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. " 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. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. A statute is to be interpreted to uphold its validity in its entirety if possible. 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. " Decided June 1, 1967. The municipal magistrate imposed a fine of $2, 490 for both defendants. 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.

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