State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia

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He did not think the defendants had the specialization necessary *386 to teach all basic subjects. Mr. and Mrs. Massa appeared pro se. It is in this sense that this court feels the present case should be decided. 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. Barbara takes violin lessons and attends dancing school. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? 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 also testified about extra-curricular activity, which is available but not required. 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. 00 for each subsequent offense, in the discretion of the court. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. Mr. and mrs. vaughn both take a specialized.com. He testified that the defendants were not giving Barbara an equivalent education. 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.

1. Mr. and mrs. vaughn both take a specialized role
2. Mr. and mrs. vaughn both take a specialized job
3. Mr. and mrs. vaughn both take a specialized structure
4. Mr. and mrs. vaughn both take a specialized.com

Mr. And Mrs. Vaughn Both Take A Specialized Role

She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. Our statute provides that children may receive an equivalent education elsewhere than at school. 372, 34 N. 402 (Mass. She also is taught art by her father, who has taught this subject in various schools. 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. Mr. and mrs. vaughn both take a specialized role. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case.

Mr. And Mrs. Vaughn Both Take A Specialized Job

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. 70 N. E., at p. 552). 1893), dealt with a statute similar to New Jersey's. The purpose of the law is to insure the education of all children.

Mr. And Mrs. Vaughn Both Take A Specialized Structure

She also maintained that in school much time was wasted and that at home a student can make better use of her time. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. Mr. and mrs. vaughn both take a specialized job. 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. It is made for the parent who fails or refuses to properly educate his child. " Had the Legislature intended such a requirement, it would have so provided.

Mr. And Mrs. Vaughn Both Take A Specialized.Com

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. 18:14-14, providing for "equivalent education elsewhere than at school, " requires only a showing of academic equivalence. Mrs. Massa called Margaret Cordasco as a witness. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. A statute is to be interpreted to uphold its validity in its entirety if possible. What could have been intended by the Legislature by adding this alternative? Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance.

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. 665, 70 N. E. 550, 551 (Ind. 170 (N. 1929), and State v. Peterman, supra. She felt she wanted to be with her child when the child would be more alive and fresh. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home.

However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. 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.