388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. The case of Commonwealth v. Roberts, 159 Mass. The results speak for themselves. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Mr. and mrs. vaughn both take a specialized.com. Frank C. Scerbo, Prosecutor, attorney). A statute is to be interpreted to uphold its validity in its entirety if possible. N. 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. " Decided June 1, 1967.
She felt she wanted to be with her child when the child would be more alive and fresh. This case presents two questions on the issue of equivalency for determination. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. Mr. and mrs. vaughn both take a specialized job. Barbara takes violin lessons and attends dancing 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. Neither holds a teacher's certificate. 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. He also testified about extra-curricular activity, which is available but not required.
The purpose of the law is to insure the education of all children. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. She had been Barbara's teacher from September 1965 to April 1966. Conditions in today's society illustrate that such situations exist. People v. Levisen and State v. Mr. and mrs. vaughn both take a specialized study. Peterman, supra. Mrs. Massa conducted the case; Mr. Massa concurred. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions.
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. " COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. The majority of testimony of the State's witnesses dealt with the lack of social development. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 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. 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. " 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. 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. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. And, has the State carried the required burden of proof to convict defendants? The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. Mrs. Massa introduced into evidence 19 exhibits.
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. Even in this situation, home education has been upheld as constituting a private school. 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. 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. 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. 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. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. What could have been intended by the Legislature by adding this alternative? There are definite times each day for the various subjects and recreation. 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. 00 for a first offense and not more than $25.
It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. Rainbow Inn, Inc. v. Clayton Nat. 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. See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. 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 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. Barbara Massa and Mr. Frank Massa appeared pro se. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. The other type of statute is that which allows only public school or private school education without additional alternatives. 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. He also stressed specialization, since Pequannock schools have qualified teachers for certain specialized subjects. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring.
The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop. 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. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. Her husband is an interior decorator. Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. There is also a report by an independent testing service of Barbara's scores on standard achievement tests. Our statute provides that children may receive an equivalent education elsewhere than at school. He testified that the defendants were not giving Barbara an equivalent education.
His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. She also is taught art by her father, who has taught this subject in various schools. State v. MassaAnnotate this Case. 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. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 170 (N. 1929), 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. 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. 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. 124 P., at p. 912; emphasis added). Superior Court of New Jersey, Morris County Court, Law Division. Mrs. Massa is a high school graduate.
Most of his testimony dealt with Mrs. Massa's lack of certification and background for teaching and the lack of social development of Barbara because she is being taught alone. What does the word "equivalent" mean in the context of N. 18:14-14?
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