State V. Massa :: 1967 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: Us Law :: Justia – Dynamite Singer Cruz Crossword Clue Free

Thursday, 11 July 2024

And, has the State carried the required burden of proof to convict defendants? She had been Barbara's teacher from September 1965 to April 1966. 00 for each subsequent offense, in the discretion of the court.

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His testimony, like that of MacMurray, dealt primarily with social development of the child and Mrs. Massa's qualifications. In Knox v. O'Brien, 7 N. 608 (1950), the County Court interpreted the word "equivalent" to include not only academic equivalency but also the equivalency of social development. 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. What could have been intended by the Legislature by adding this alternative? Mr. and mrs. vaughn both take a specialized structure. The State placed six exhibits in evidence. There are definite times each day for the various subjects and recreation. State v. MassaAnnotate this Case.

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The court in State v. Peterman, 32 Ind. The case of Commonwealth v. Roberts, 159 Mass. The results speak for themselves. 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. " What does the word "equivalent" mean in the context of N. 18:14-14? 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. 70 N. E., at p. 552). Mrs. Massa called Margaret Cordasco as a witness. Mr. and mrs. vaughn both take a specialized step. The other type of statute is that which allows only public school or private school education without additional alternatives. Massa was certainly teaching Barbara something. Barbara returned to school in September 1965, but began receiving her education at home again on April 25, 1966. 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. " Mrs. Barbara Massa and Mr. Frank Massa appeared pro se.

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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. Defendants were convicted for failure to have such state credentials. Mr. and mrs. vaughn both take a specialized subject. She also is taught art by her father, who has taught this subject in various schools. 861, 263 P. 2d 685 (Cal. She evaluates Barbara's progress through testing.

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This is not the case here. A group of students being educated in the same manner and place would constitute a de facto school. 170 (N. 1929), and State v. Peterman, supra. 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. Mrs. Massa introduced into evidence 19 exhibits.

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1950); State v. Hoyt, 84 N. H. 38, 146 A. The lowest mark on these tests was a B. It is made for the parent who fails or refuses to properly educate his child. " 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. " 384 Mrs. Massa testified that she had taught Barbara at home for two years before September 1965. Perhaps the New Jersey Legislature intended the word "equivalent" to mean taught by a certified teacher elsewhere than at school. 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. 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. She also maintained that in school much time was wasted and that at home a student can make better use of her time. Neither holds a teacher's certificate. The court stated that under this statute the parents may show that the child has been sufficiently and *390 properly instructed. The State called as a witness David MacMurray, the Assistant Superintendent of Pequannock Schools. 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. Under the Knox rationale, in order for children to develop socially it would be necessary for them to be educated in a group.

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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. It is then incumbent upon the parent to introduce evidence showing one of the alternatives is being substituted. 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. There is no indication of bad faith or improper motive on defendants' part. 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. Decided June 1, 1967. 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. 383 Mr. Bertram Latzer, Assistant Prosecutor of Morris County, for plaintiff (Mr. Frank C. Scerbo, Prosecutor, attorney). 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. 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. Cestone, 38 N. 139, 148 (App. 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.

People v. Levisen and State v. Peterman, supra. 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. 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. In quasi-criminal proceedings the burden of proof is beyond a reasonable doubt. He also testified about extra-curricular activity, which is available but not required. Superior Court of New Jersey, Morris County Court, Law Division. The Massa family, all of whom were present at each of the hearings, appeared to be a normal, well-adjusted family.

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