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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. Mr. and mrs. vaughn both take a specialized response. There is no indication of bad faith or improper motive on defendants' part. 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 conviction was upheld because of the failure of the parents to obtain permission from the superintendent. 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. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. Mrs. Massa satisfied this court that she has an established program of teaching and studying. State v. MassaAnnotate this Case. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. 1893), dealt with a statute similar to New Jersey's. Mr. and mrs. vaughn both take a specialized program. She had been Barbara's teacher from September 1965 to April 1966. There are definite times each day for the various subjects and recreation. If the interpretation in Knox, supra, were followed, it would not be possible to have children educated outside of school. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. 70 N. E., at p. 552).
388 The court in State v. Counort, 69 Wash. 361, 124 P. 910, 41 L. R. A., N. 95 (Wash. Sup. 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. 372, 34 N. 402 (Mass. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. 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. 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. 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. " People v. Levisen and State v. Peterman, supra.
It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. Mrs. Massa introduced into evidence 19 exhibits. 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. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. Conditions in today's society illustrate that such situations exist. A different form of legislative intention is illustrated by the case of People v. Turner, 121 Cal. They show that she is considerably higher than the national median except in arithmetic. The municipal magistrate imposed a fine of $2, 490 for both defendants. A group of students being educated in the same manner and place would constitute a de facto school. 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. What could have been intended by the Legislature by adding this alternative?
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. " Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. This case presents two questions on the issue of equivalency for determination. In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 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. 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. Decided June 1, 1967. Rainbow Inn, Inc. v. Clayton Nat. 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. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal Court. 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. This is not the case here. 124 P., at p. 912; emphasis added).
Even in this situation, home education has been upheld as constituting a private school. 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. She evaluates Barbara's progress through testing. It is in this sense that this court feels the present case should be decided. Had the Legislature intended such a requirement, it would have so provided. 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. 00 for a first offense and not more than $25.
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