On October 11, 2017, I published an article To Sit or To Stand, That is the question?
It seems that in the future we will have an answer to that question. A Klein Oak high school student and her parents have filed a suit against Klein ISD, the Principals, and multiple Teachers at Klein Oak High School.
According to the article in the Houston Chronicle,
In the comments section, a reader posted the link to the actual brief filed in court. As part of the brief, the plaintiff’s lawyer cited a 1943 Supreme Court Case.
In reviewing Chapter 25.082 of the Texas Education Code:
Sec. 25.082. SCHOOL DAY; PLEDGES OF ALLEGIANCE; MINUTE OF SILENCE.
(a) A school day shall be at least seven hours each day, including intermissions and recesses.
(b) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require students, once during each school day at each campus, to recite:
(1) the pledge of allegiance to the United States flag in accordance with 4 U.S.C. Section 4; and
(2) the pledge of allegiance to the state flag in accordance with Subchapter C, Chapter 3100, Government Code.
(b-1) The board of trustees of each school district and the governing board of each open-enrollment charter school shall require that the United States and Texas flags be prominently displayed in accordance with 4 U.S.C. Sections 5-10 and Chapter 3100, Government Code, in each campus classroom to which a student is assigned at the time the pledges of allegiance to those flags are recited. A district or school is not required to spend federal, state, or local district or school funds to acquire flags required under this subsection. A district or school may raise money or accept gifts, grants, and donations to acquire flags required under this subsection.
(c) On written request from a student’s parent or guardian, a school district or open-enrollment charter school shall excuse the student from reciting a pledge of allegiance under Subsection (b).
(d) The board of trustees of each school district and the governing board of each open-enrollment charter school shall provide for the observance of one minute of silence at each campus following the recitation of the pledges of allegiance to the United States and Texas flags under Subsection (b). During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. Each teacher or other school employee in charge of students during that period shall ensure that each of those students remains silent and does not act in a manner that is likely to interfere with or distract another student.
In subsection (b) 1 & 2 it states that students shall recite the pledge of allegiance to the United States flag and the State flag. However, in subsection (c) it provides the parents an opportunity to have their child excused from reciting the pledge of allegiance according to subsection (b).
In regards to the Klein Oak case, I do not see a mention of a written parental request for her child to be excused from reciting the pledge of allegiance. I only see a child being defiant. Had the parent made the correct request in writing as stated in subsection (c) then this case probably would not be in court today.