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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 / For My Hand Lyrics Burna

Mrs. Massa called Margaret Cordasco as a witness. Had the Legislature intended such a requirement, it would have so provided. 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. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. 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. This is not the case here. 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. Mr. and mrs. vaughn both take a specialized job. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. Mr. and Mrs. Massa appeared pro se. Cestone, 38 N. 139, 148 (App.

Mr. And Mrs. Vaughn Both Take A Specialized Job

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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. Superior Court of New Jersey, Morris County Court, Law Division. 00 for each subsequent offense, in the discretion of the court. N. Mr. and mrs. vaughn both take a specialized body. 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. " The sole issue in this case is one of equivalency.

He testified that the defendants were not giving Barbara an equivalent education. 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. There is no indication of bad faith or improper motive on defendants' part. Mr. and mrs. vaughn both take a specialized subject. The municipal magistrate imposed a fine of $2, 490 for both defendants.

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. Even in this situation, home education has been upheld as constituting a private school. 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 court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted.

Mr. And Mrs. Vaughn Both Take A Specialized Subject

372, 34 N. 402 (Mass. 1893), dealt with a statute similar to New Jersey's. She evaluates Barbara's progress through testing. 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. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. The majority of testimony of the State's witnesses dealt with the lack of social development.

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. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? The results speak for themselves. She also maintained that in school much time was wasted and that at home a student can make better use of her time. 170 (N. 1929), and State v. Peterman, supra. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school.

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. This is the only reasonable interpretation available in this case which would accomplish this end. Her husband is an interior decorator. 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. She had been Barbara's teacher from September 1965 to April 1966. 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. 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. " Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. She felt she wanted to be with her child when the child would be more alive and fresh.

Mr. And Mrs. Vaughn Both Take A Specialized Body

The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. 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. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). He also testified about extra-curricular activity, which is available but not required. Massa was certainly teaching Barbara something. There are definite times each day for the various subjects and recreation.

Mrs. Massa satisfied this court that she has an established program of teaching and studying. This case presents two questions on the issue of equivalency for determination. Mrs. Massa is a high school graduate. 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. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. The purpose of the law is to insure the education of all children. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney).

People v. Levisen and State v. Peterman, supra. 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. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. She also is taught art by her father, who has taught this subject in various schools. The court in State v. Peterman, 32 Ind. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. 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. Conditions in today's society illustrate that such situations exist. The other type of statute is that which allows only public school or private school education without additional alternatives. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 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. The lowest mark on these tests was a B.

Bank, 86 N. 13 (App. A group of students being educated in the same manner and place would constitute a de facto school. 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. " Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. However, the State stipulated that a child may be taught at home and also that Mr. or Mrs. Massa need not be certified by the State of New Jersey to so teach. Neither holds a teacher's certificate. And, has the State carried the required burden of proof to convict defendants?

In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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. It is made for the parent who fails or refuses to properly educate his child. "

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