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PEOPLE v. DeJONGE

Docket No. 91479, (Calendar No. 4).

442 Mich. 266 (1993)

501 N.W.2d 127

PEOPLE v. DeJONGE.

Supreme Court of Michigan.

Decided May 25, 1993.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Ronald J. Frantz, Prosecuting Attorney, and Gregory J. Babbitt, Assistant Prosecuting Attorney, for the people.

Kallman & Cropsey (by David A. Kallman) and Christopher J. Klicka and Michael P. Farris for the defendants.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Paul J. Zimmer, Assistant Attorney General, for the State Board of Education.

Mark Brewer (Paul Denenfeld, of counsel), for the ACLU Fund of Michigan.

AFTER REMAND

RILEY, J.

At issue is the constitutionality of MCL 388.553; MSA 15.1923, which requires parents who conduct home schooling for their children to provide instructors certified by the state. We hold that the teacher certification requirement is an unconstitutional violation of the Free Exercise Clause of the First Amendment as applied to families whose religious convictions prohibit the use of certified instructors. Such families, therefore, are...

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