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It is in this sense that this court feels the present case should be decided. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith.
It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. 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. 372, 34 N. 402 (Mass. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. And, has the State carried the required burden of proof to convict defendants? There is no indication of bad faith or improper motive on defendants' part. Other similar statutes are discussed in Rice v. Mr. and mrs. vaughn both take a specialized type. Commonwealth, 188 Va. 224, 49 S. 2d 342 (Sup. 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. A group of students being educated in the same manner and place would constitute a de facto school.
This is the only reasonable interpretation available in this case which would accomplish this end. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 1950); State v. Hoyt, 84 N. H. 38, 146 A. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. Mr. and mrs. vaughn both take a specialized test. 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. " However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. A statute is to be interpreted to uphold its validity in its entirety if possible.
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. The lowest mark on these tests was a B. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. Mrs. Massa said her motive was that she desired the pleasure of seeing her daughter's mind develop.
90 N. 2d, at p. 215). She felt she wanted to be with her child when the child would be more alive and fresh. 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. " 70 N. E., at p. 552). 861, 263 P. 2d 685 (Cal. People v. Mr. and mrs. vaughn both take a specialized body. Levisen and State v. Peterman, supra. 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. Cestone, 38 N. 139, 148 (App. 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. 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. The results speak for themselves.
If group education is required by our statute, then these examples as well as all education at home would have to be eliminated. Decided June 1, 1967. 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. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Examples are the child prodigy whose education is accelerated by private tutoring, or the infant performer whose education is provided by private tutoring. Barbara takes violin lessons and attends dancing school. The purpose of the law is to insure the education of all children. 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. 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. 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. Had the Legislature intended such a requirement, it would have so provided. 665, 70 N. E. 550, 551 (Ind. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. She had been Barbara's teacher from September 1965 to April 1966.
The other type of statute is that which allows only public school or private school education without additional alternatives. 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 Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. 124 P., at p. 912; emphasis added). See People v. Levisen, 404 Ill. 574, 90 N. 2d 213, 14 A. L. 2d 1364 (Sup.
Massa also introduced textbooks which are used as supplements to her own compilations as well as for test material and written problems. He outlined procedures which Pequannock teachers perform, such as evaluation sheets, lesson plans and use of visual aids. 388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 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. She also maintained that in school much time was wasted and that at home a student can make better use of her time. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area.
Mrs. Massa called Margaret Cordasco as a witness. The conviction was upheld because of the failure of the parents to obtain permission from the superintendent. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. The case of Commonwealth v. Roberts, 159 Mass. 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. Defendants were convicted for failure to have such state credentials. 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.