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. 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. " 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. The results speak for themselves. There is no indication of bad faith or improper motive on defendants' part. Mr. and mrs. vaughn both take a specialized subject. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications.
1893), dealt with a statute similar to New Jersey's. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. Mr. and mrs. vaughn both take a specialized test. Her husband is an interior decorator. 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. Mrs. Massa satisfied this court that she has an established program of teaching and studying.
This is the only reasonable interpretation available in this case which would accomplish this end. He did not think the defendants had the specialization necessary *386 to teach all basic subjects. He also testified about extra-curricular activity, which is available but not required. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? 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. Mr. and mrs. vaughn both take a specialized part. "
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. He felt that Barbara was not participating in the learning process since she had not participated in the development of the material. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. 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. The State placed six exhibits in evidence. What could have been intended by the Legislature by adding this alternative? 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. "
124 P., at p. 912; emphasis added). 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 other type of statute is that which allows only public school or private school education without additional alternatives. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. The case of Commonwealth v. Roberts, 159 Mass. 170 (N. 1929), and State v. Peterman, supra. 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. 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.
Conditions in today's society illustrate that such situations exist. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. Even in this situation, home education has been upheld as constituting a private school. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Barbara takes violin lessons and attends dancing school. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 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. Cestone, 38 N. 139, 148 (App. 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. 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. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. Superior Court of New Jersey, Morris County Court, Law Division. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school.
The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. The family consists of the parents, three sons (Marshall, age 16, and Michael, age 15, both attend high school; and William, age 6) and daughter Barbara. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. Had the Legislature intended such a requirement, it would have so provided. The sole issue in this case is one of equivalency. 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. 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. 372, 34 N. 402 (Mass.
Neither holds a teacher's certificate. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. 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. Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS.
She evaluates Barbara's progress through testing. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. 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. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 00 for each subsequent offense, in the discretion of the court.
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). 1950); State v. Hoyt, 84 N. H. 38, 146 A. There are definite times each day for the various subjects and recreation. People v. Levisen also commented on the spirit of the relevant statute stating: "The law is not made to punish those who provide their children with instruction equal or superior to that obtainable in public schools.
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