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Mr. And Mrs. Vaughn Both Take A Specialized Type - Foreverbare Bbl | The Clinic For Dermatology & Wellness The Clinic For Dermatology & Wellness

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There is no indication of bad faith or improper motive on defendants' part. He also testified about extra-curricular activity, which is available but not required. Even in this situation, home education has been upheld as constituting a private school. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. And, has the State carried the required burden of proof to convict defendants? Mr. and Mrs. Mr. and mrs. vaughn both take a specialized set. Massa appeared pro se. There are definite times each day for the various subjects and recreation. 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 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.

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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. Faced with exiguous precedent in New Jersey and having reviewed the above cited cases in other states, this court holds that the language of the New Jersey statute, N. Mr. and mrs. vaughn both take a specialized structure. 18:14-14, providing for "equivalent education elsewhere than at school, " requires only a showing of academic equivalence. 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. 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 court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. 1950); State v. Hoyt, 84 N. H. Mr. and mrs. vaughn both take a specialized practice. 38, 146 A. 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. 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. 170 (N. 1929), and State v. Peterman, supra.

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388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 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. The majority of testimony of the State's witnesses dealt with the lack of social development. 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. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. 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. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. 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. Conditions in today's society illustrate that such situations exist. 665, 70 N. E. 550, 551 (Ind. What could have been intended by the Legislature by adding this alternative? If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school.

The other type of statute is that which allows only public school or private school education without additional alternatives. 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. 90 N. 2d, at p. 215). Cestone, 38 N. 139, 148 (App.

Mr. And Mrs. Vaughn Both Take A Specialized Set

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. Decided June 1, 1967. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? Our statute provides that children may receive an equivalent education elsewhere than at school. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case.

Mrs. Massa introduced into evidence 19 exhibits. Defendants were convicted for failure to have such state credentials. 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 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. People v. Levisen and State v. Peterman, supra. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 1893), dealt with a statute similar to New Jersey's. This is the only reasonable interpretation available in this case which would accomplish this end. 00 for each subsequent offense, in the discretion of the court. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted.

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00 for a first offense and not more than $25. 372, 34 N. 402 (Mass. The lowest mark on these tests was a B. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. Superior Court of New Jersey, Morris County Court, Law Division. 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 statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. Massa was certainly teaching Barbara something. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). 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 conducted the case; Mr. Massa concurred. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. They show that she is considerably higher than the national median except in arithmetic. Barbara takes violin lessons and attends dancing school. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 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. The court in State v. Peterman, 32 Ind.

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