Mr. and Mrs. Massa appeared pro se. 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. 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. "If there is such evidence in the case, then the ultimate burden of persuasion remains with the State, " (at p. 147). 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. This interpretation appears untenable in the face of the language of our own statute and also the decisions in other jurisdictions. Massa was certainly teaching Barbara something. 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. The case of Commonwealth v. Mr. and mrs. vaughn both take a specialized step. Roberts, 159 Mass. 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. Cestone, 38 N. 139, 148 (App.
The State placed six exhibits in evidence. 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. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. Mr. and mrs. vaughn both take a specialized test. 2d 342 (Sup. 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. 1950); State v. Hoyt, 84 N. H. 38, 146 A.
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. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. 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. Mrs. Massa conducted the case; Mr. Massa concurred. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. The court further said that the evidence of the state was to the effect that defendant maintained no school at his home. The other point pressed by the State was Mrs. Mr. and mrs. vaughn both take a specialized job. Massa's lack of teaching ability and techniques based upon her limited education and experience. People v. Levisen and State v. Peterman, supra. The purpose of the law is to insure the education of all children. She had been Barbara's teacher from September 1965 to April 1966.
Barbara takes violin lessons and attends dancing school. The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. Conditions in today's society illustrate that such situations exist. 383 Mr. 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. The sole issue in this case is one of equivalency. She also maintained that in school much time was wasted and that at home a student can make better use of her time. Mrs. Massa satisfied this court that she has an established program of teaching and studying. Had the Legislature intended such a requirement, it would have so provided. The remainder of the testimony of the State's witnesses dealt primarily with the child's deficiency in mathematics.
665, 70 N. E. 550, 551 (Ind. 170 (N. 1929), and State v. Peterman, supra. 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. " Superior Court of New Jersey, Morris County Court, Law Division. 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.
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. State v. MassaAnnotate this Case. Defendants were convicted for failure to have such state credentials. The Legislature must have contemplated that a child could be educated alone provided the education was equivalent to the public schools. She also is taught art by her father, who has taught this subject in various schools. The court in State v. Peterman, 32 Ind. Decided June 1, 1967. 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. 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.
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. 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. 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. He did not think the defendants had the specialization necessary *386 to teach all basic subjects.
In view of the fact that defendants appeared pro se, the court suggests that the prosecutor draw an order in accordance herewith. 372, 34 N. 402 (Mass. 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. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. Leslie Rear, the Morris County Superintendent of Schools, then testified for the State. He also testified about extra-curricular activity, which is available but not required. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified. 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. Even in this situation, home education has been upheld as constituting a private school.
Mrs. Massa is a high school graduate. 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. This is not the case here. Bank, 86 N. 13 (App. A statute is to be interpreted to uphold its validity in its entirety if possible. 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. 00 for each subsequent offense, in the discretion of the court. She testified basically that Barbara was bright, well behaved and not different from the average child her age except for some trouble adjusting socially. The majority of testimony of the State's witnesses dealt with the lack of social development. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? The other type of statute is that which allows only public school or private school education without additional alternatives. 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.
This is the only reasonable interpretation available in this case which would accomplish this end. This case presents two questions on the issue of equivalency for determination. His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. 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. "
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