March 27, 2002
Michigan Homeschooler Summoned to Court a Second Time

Recently we reported on the Stutzman case in Baldwin, Michigan.

Although Mr. Stutzman was legally homeschooling, he was arrested, fingerprinted, and had his picture taken. He was released on bond. HSLDA was able to get the case dismissed after correcting the assistant prosecutor's misconception that homeschoolers need to be certified.

Incredibly, Mr. Stutzman received a summons in the mail to appear before the court on truancy charges on March 25. HSLDA legal staff, working in conjunction with attorney David Kallman, immediately contacted the head prosecutor and discovered that he now had a misconception that homeschoolers needed to have their curriculum approved by the school district. He indicated that since the family had not done so they had no choice but to file charges against them again. After Attorney Kallman reminded him that we already provided the assistant prosecutor with evidence of the legality and legitimacy of homeschool programs, the prosecutor insisted that the school district wanted this information. Curiously, upon contacting the school district, we discovered that they in fact did not request such information and had understood that the situation was dropped the first time.

HSLDA was able to obtain another dismissal of this case against Mr. Stutzman but we are still clueless as to why the prosecutor is subjecting Mr. Stutzman to this harsh treatment. The HSLDA litigation team is reviewing this case for possibly filing a civil rights suit for the seemingly blatant violation of the Stutzman's civil and constitutional rights.