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Rainbow Inn, Inc. v. Clayton Nat. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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. What could have been intended by the Legislature by adding this alternative? The lowest mark on these tests was a B. 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 statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. The case of Commonwealth v. Roberts, 159 Mass. In State v. Mr. and mrs. vaughn both take a specialized response. 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. " It is in this sense that this court feels the present case should be decided. Mr. and Mrs. Massa appeared pro se. 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.

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Mr. And Mrs. Vaughn Both Take A Specialized Response

Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. 170 (N. 1929), and State v. Peterman, supra. And, has the State carried the required burden of proof to convict defendants?

Mr. And Mrs. Vaughn Both Take A Specialized Part

Cestone, 38 N. 139, 148 (App. 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. That case held that a child attending the home of a private tutor was attending a private school within the meaning of the Indiana statute. Mr. and mrs. vaughn both take a specialized study. Mrs. Massa introduced into evidence 19 exhibits. 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 Study

They show that she is considerably higher than the national median except in arithmetic. People v. Levisen and State v. Peterman, supra. 124 P., at p. 912; emphasis added). Mrs. Mr. and mrs. vaughn both take a specialized type. Massa conducted the case; Mr. Massa concurred. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. 665, 70 N. E. 550, 551 (Ind.

Mr. And Mrs. Vaughn Both Take A Specialized Type

Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). Had the Legislature intended such a requirement, it would have so provided. Barbara takes violin lessons and attends dancing school. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt.

She also maintained that in school much time was wasted and that at home a student can make better use of her time. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. Mrs. Massa satisfied this court that she has an established program of teaching and studying. Massa was certainly teaching Barbara something. 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.

A statute is to be interpreted to uphold its validity in its entirety if possible. The other type of statute is that which allows only public school or private school education without additional alternatives. 00 for a first offense and not more than $25. Our statute provides that children may receive an equivalent education elsewhere than at school. She felt she wanted to be with her child when the child would be more alive and fresh. 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. State v. MassaAnnotate this Case. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. It is made for the parent who fails or refuses to properly educate his child. " Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. 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. 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.

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. What does the word "equivalent" mean in the context of N. 18:14-14? This case presents two questions on the issue of equivalency for determination. 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. Even in this situation, home education has been upheld as constituting a private school. There are definite times each day for the various subjects and recreation. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. 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.

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