State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia | Naked Women In Their 20S

Mrs. Massa is a high school graduate. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. 90 N. 2d, at p. 215). Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. Mr. and mrs. vaughn both take a specialized program. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. Mr. and Mrs. Massa appeared pro se.

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And, has the State carried the required burden of proof to convict defendants? There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 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. " The lowest mark on these tests was a B. STATE OF NEW JERSEY, PLAINTIFF, v. Mr. and mrs. vaughn both take a specialized body. BARBARA MASSA AND FRANK MASSA, DEFENDANTS.

Mr. And Mrs. Vaughn Both Take A Specialized Subject

Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. 1893), dealt with a statute similar to New Jersey's. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense.

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The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. 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. State v. Mr. and mrs. vaughn both take a specialized language. 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. Her husband is an interior decorator. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed.

Mr. And Mrs. Vaughn Both Take A Specialized Step

Decided June 1, 1967. Mrs. Massa introduced into evidence 19 exhibits. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 372, 34 N. 402 (Mass. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance.

Mr. And Mrs. Vaughn Both Take A Specialized Program

See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. Cestone, 38 N. 139, 148 (App. Even in this situation, home education has been upheld as constituting a private school. 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 results speak for themselves. 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. Defendants were convicted for failure to have such state credentials.

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This case presents two questions on the issue of equivalency for determination. 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. Had the Legislature intended such a requirement, it would have so provided. 861, 263 P. 2d 685 (Cal. Massa was certainly teaching Barbara something. 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. What does the word "equivalent" mean in the context of N. 18:14-14? Mrs. Massa called Margaret Cordasco as a witness. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. 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. 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. 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.

Mr. And Mrs. Vaughn Both Take A Specialized Class

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. 00 for each subsequent offense, in the discretion of the court. She also is taught art by her father, who has taught this subject in various schools. 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. 170 (N. 1929), and State v. Peterman, supra. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. This is the only reasonable interpretation available in this case which would accomplish this end. Neither holds a teacher's certificate.

Rainbow Inn, Inc. v. Clayton Nat. The municipal magistrate imposed a fine of $2, 490 for both defendants. 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. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems.

She evaluates Barbara's progress through testing. Bank, 86 N. 13 (App. 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. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? She had been Barbara's teacher from September 1965 to April 1966. This is not the case here. There are definite times each day for the various subjects and recreation. There is no indication of bad faith or improper motive on defendants' part. It is made for the parent who fails or refuses to properly educate his child. " Superior Court of New Jersey, Morris County Court, Law Division. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. A group of students being educated in the same manner and place would constitute a de facto school. Conditions in today's society illustrate that such situations exist.

If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. The other type of statute is that which allows only public school or private school education without additional alternatives. He testified that the defendants were not giving Barbara an equivalent education. 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. 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 the opinion of this court that defendants' daughter has received and is receiving an education equivalent to that available in the Pequannock public schools.

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. 70 N. E., at p. 552). 1950); State v. Hoyt, 84 N. H. 38, 146 A. The State placed six exhibits in evidence. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. Mrs. Massa satisfied this court that she has an established program of teaching and studying. A statute is to be interpreted to uphold its validity in its entirety if possible.

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