He also testified about extra-curricular activity, which is available but not required. COLLINS, J. C. C. This is a trial de novo on appeal from the Pequannock Township Municipal 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. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group. 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. 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 case of Commonwealth v. Roberts, 159 Mass. 384 Mrs. Mr. and mrs. vaughn both take a specialized role. Massa testified that she had taught Barbara at home for two years before September 1965. The statute subjects the defendants to conviction as a disorderly person, a quasi-criminal offense. 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. Mrs. Massa introduced into evidence 19 exhibits. What could have been intended by the Legislature by adding this alternative?
The behavior of the four Massa children in the courtroom evidenced an exemplary upbringing. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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 State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. Superior Court of New Jersey, Morris County Court, Law Division. Mrs. Barbara Massa and Mr. Frank Massa appeared pro se. State v. Vaughn, 44 N. Mr. and mrs. vaughn both take a specialized subject. 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. However, I believe there are teachers today teaching in various schools in New Jersey who are not certified.
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. Other similar statutes are discussed in Rice v. Commonwealth, 188 Va. 224, 49 S. Mr. and mrs. vaughn both take a specialized part. 2d 342 (Sup. If Barbara has not learned something which has been taught, Mrs. Massa then reviews that particular area. 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. Even in this situation, home education has been upheld as constituting a private school.
Mrs. Massa is a high school graduate. 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. Our statute provides that children may receive an equivalent education elsewhere than at school. 124 P., at p. 912; emphasis added). Ct. 1912), held that defendant had not complied with the state law on compulsory school attendance. A group of students being educated in the same manner and place would constitute a de facto school. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family. Have defendants provided their daughter with an education equivalent to that provided by the Pequannock Township School System? 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. 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. It is in this sense that this court feels the present case should be decided. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. The other point pressed by the State was Mrs. Massa's lack of teaching ability and techniques based upon her limited education and experience. The purpose of the law is to insure the education of all children.
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. " 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. Under a more definite statute with sufficient guidelines or a lesser *392 burden of proof, this might not necessarily be the case.
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