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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. 170 (N. 1929), and State v. Peterman, supra. Mr. and mrs. vaughn both take a specialized step. The State placed six exhibits in evidence. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. 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. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965.

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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. It is made for the parent who fails or refuses to properly educate his child. " 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. 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 language. 861, 263 P. 2d 685 (Cal. Massa was certainly teaching Barbara something. 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. " The conviction was upheld because of the failure of the parents to obtain permission from the superintendent.

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She felt she wanted to be with her child when the child would be more alive and fresh. However, within the framework of the existing law and the nature of the stipulations by the State, this court finds the defendants not guilty and reverses the municipal court conviction. 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. A statute is to be interpreted to uphold its validity in its entirety if possible. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. Barbara takes violin lessons and attends dancing school. Mr. and mrs. vaughn both take a specialized study. Her husband is an interior decorator. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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. It is in this sense that this court feels the present case should be decided. They show that she is considerably higher than the national median except in arithmetic.

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1950); State v. Hoyt, 84 N. H. 38, 146 A. 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. State v. 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. 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. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. People v. Levisen and State v. Peterman, supra. He testified that the defendants were not giving Barbara an equivalent education. Defendants were convicted for failure to have such state credentials. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated.

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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. The municipal magistrate imposed a fine of $2, 490 for both defendants. 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. Decided June 1, 1967.

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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. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. 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. Mrs. Massa satisfied this court that she has an established program of teaching and studying. State v. MassaAnnotate this Case. 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. She evaluates Barbara's progress through testing. This case presents two questions on the issue of equivalency for determination. Mrs. Massa is a high school graduate.

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The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. She also maintained that in school much time was wasted and that at home a student can make better use of her time. 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. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. In any case, from my observation of her while testifying and during oral argument, I am satisfied that Mrs. Massa is self-educated and well qualified to teach her daughter the basic subjects from grades one through eight. 665, 70 N. E. 550, 551 (Ind. What does the word "equivalent" mean in the context of N. 18:14-14?

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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. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147).

A group of students being educated in the same manner and place would constitute a de facto school. 90 N. 2d, at p. 215). The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. The court in State v. Peterman, 32 Ind. Rainbow Inn, Inc. v. Clayton Nat. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS.

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