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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. " Mr. and Mrs. Massa appeared pro se. The case of Commonwealth v. Roberts, 159 Mass. Rainbow Inn, Inc. v. Clayton Nat. Mr. and mrs. vaughn both take a specialized practice. Mrs. Massa called Margaret Cordasco as a witness. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense.

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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. However, the State stipulated that a child may be taught at home and also that Mr. or Mrs. Mr. and mrs. vaughn both take a specialized form. Massa need not be certified by the State of New Jersey to so teach. This is the only reasonable interpretation available in this case which would accomplish this end. There is also a report by an independent testing service of Barbara's scores on standard achievement tests.

Mr. And Mrs. Vaughn Both Take A Specialized Form

This case presents two questions on the issue of equivalency for determination. Cestone, 38 N. 139, 148 (App. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. 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. 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. " 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. 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. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. In State v. Mr. and mrs. vaughn both take a specialized body. 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. "

Mr. And Mrs. Vaughn Both Take A Specialized Assessment

He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. They show that she is considerably higher than the national median except in arithmetic. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. The results speak for themselves. Mrs. Massa introduced into evidence 19 exhibits. She felt she wanted to be with her child when the child would be more alive and fresh. This is not the case here. Massa was certainly teaching Barbara something.

Mr. And Mrs. Vaughn Both Take A Specialized Practice

It is in this sense that this court feels the present case should be decided. 372, 34 N. 402 (Mass. Had the Legislature intended such a requirement, it would have so provided. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. "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?

Mr. And Mrs. Vaughn Both Take A Specialized Program

Mrs. Massa conducted the case; Mr. Massa concurred. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. She had been Barbara's teacher from September 1965 to April 1966. 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. 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. 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. 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. 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. 170 (N. 1929), and State v. Peterman, supra.

Mr. And Mrs. Vaughn Both Take A Specialized Body

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. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). The sole issue in this case is one of equivalency. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience.

Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. 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. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. 861, 263 P. 2d 685 (Cal. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 00 for each subsequent offense, in the discretion of the court.
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. Bank, 86 N. 13 (App. 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. There is no indication of bad faith or improper motive on defendants' part. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Even in this situation, home education has been upheld as constituting a private school. He also testified about extra-curricular activity, which is available but not required. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. A statute is to be interpreted to uphold its validity in its entirety if possible. 665, 70 N. E. 550, 551 (Ind. The majority of testimony of the State's witnesses dealt with the lack of social development.

Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? 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. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. The purpose of the law is to insure the education of all children. 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 conviction was upheld because of the failure of the parents to obtain permission from the superintendent. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. 00 for a first offense and not more than $25.

The lowest mark on these tests was a B.