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. 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. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. Had the Legislature intended such a requirement, it would have so provided. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case. Mr. and mrs. vaughn both take a specialized part. 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. 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. "
This case presents two questions on the issue of equivalency for determination. 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. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 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 remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics. 90 N. 2d, at p. 215). This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. 383 Mr. Mr. and mrs. vaughn both take a specialized structure. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids.
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. " State v. MassaAnnotate this Case. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. 70 N. E., at p. 552). She also is taught art by her father, who has taught this subject in various schools. 170 (N. 1929), and State v. Peterman, supra. The other type of statute is that which allows only public school or private school education without additional alternatives. 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. STATE OF NEW JERSEY, PLAINTIFF, v. BARBARA MASSA AND FRANK MASSA, DEFENDANTS. The lowest mark on these tests was a B. Our statute provides that children may receive an equivalent education elsewhere than at school. Mr. and mrs. vaughn both take a specialized program. 124 P., at p. 912; emphasis added). Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group.
384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. 00 for a first offense and not more than $25.
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 are definite times each day for the various subjects and recreation. What could have been intended by the Legislature by adding this alternative? This is the only reasonable interpretation available in this case which would accomplish this end. A statute is to be interpreted to uphold its validity in its entirety if possible. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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.
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. 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 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. Mrs. Massa satisfied this court that she has an established program of teaching and studying. They show that she is considerably higher than the national median except in arithmetic.
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