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Feb. 06, 2008
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PLEDGE OF ALLEGIANCE FLAP: Teachers taught standing required

District lawyer: It's wrong to make students stand for pledge

By PAUL HARASIM
REVIEW-JOURNAL

Devon Smith
Student who was kicked out of class objects to "one nation under God" in pledge

Though teachers can't legally force students to stand silently while others recite the Pledge of Allegiance, Clark County School District teachers are taught to do just that, according to the coordinator of new teacher induction.

Debbie Tomasetti, the coordinator, said Tuesday that her interpretation of school district regulations requires students to stand respectfully during the Pledge of Allegiance, even though they may have conscientious objections to the observance.

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    • New teachers are told, she said, that students, regardless of their beliefs, are supposed to "stand and show their respect" during the pledge.

    Tomasetti's disclosure on teacher training in the school district came one day after Spring Valley High School sophomore Devon Smith said he was kicked out of class for refusing to stand during the pledge.

    Smith, who doesn't believe in God, objects to that part of the pledge that refers to "one nation under God."

    The training practice described by Tomasetti drew heavy criticism from American Civil Liberties Union of Nevada executive director Gary Peck.

    "They are misinforming new teachers," said Peck. "It's no wonder we have so many complaints and have to intervene with so many students."

    Bill Hoffman, the district's general counsel, said "there may be some confusion" in the district about a student's constitutional rights.

    "There is no obligation to stand," he said. "We're going to have to improve and reinvigorate our training."

    Tomasetti's reasoning stems from her interpretation of district regulation 6113.3. That regulation notes that students with conscientious objections "shall maintain a respectful attitude through the ceremony." Because the pledge, according to regulation, is to be carried out by students who "stand and face the flag," conscientious objectors must also stand, she said.

    Peck said the ACLU of Nevada has never filed a lawsuit regarding the pledge in his 10 years with the group, but that the civil liberties organization has been able to persuade the school district to overturn discipline against students.

    Both Peck and Hoffman said court decisions are clear on participation in the Pledge of Allegiance.

    In 1943 the U.S. Supreme Court ruled that public school students may not be compelled to recite the pledge, finding that the First Amendment of the Constitution protects a student's right not to engage in certain speech.

    Appellate courts ruled in the 1970s that public school students could not be forced to stand silently while others recite the pledge. "It can no more be required than the pledge itself," the 2nd U.S. Circuit Court of Appeals ruled.

    When Tomasetti was told that courts had ruled against forcing students to stand for the pledge, she replied: "I was unaware of that."

    Mary Ella Holloway, president of the Clark County Education Association, said it would be wise for the district to send out a notice to teachers on the subject of the pledge about "what they can and can't do."

    She said it would reduce unnecessary friction in the classroom.

    Holloway said that when she teaches a class for union members who are working to meet licensing requirements, she always informs them about the rights of students. "A lot of things may irritate us," she said, "but we have to follow the law."

    The 16-year-old Smith returned to school at Spring Valley High School on Tuesday and had "no problems," according to his mother, Donna Pearson. He did not recite the pledge nor did he stand silently as students recited it.

    As Smith was booted from class Monday, his teacher told him to go to the dean's office. He did not. Instead he called his mother, who told him to come home.

    Though Smith may not suffer any further consequences from his lack of participation in the Pledge of Allegiance, he could face disciplinary action for leaving the campus without permission.

    "A student who leaves campus without permission can be considered truant," said Hoffman. "And he can be disciplined."

    Smith was expelled from Durango High School in 2007 for writing on a bathroom wall. After successfully attending an alternative school, he recently entered Spring Valley High School.

    Smith said he hasn't been participating in the pledge since eighth grade and that teachers never disciplined him for sitting out until teacher Susan Rheinwald kicked him out of class Monday. Rheinwald did not return phone calls Monday or Tuesday.

    Smith's father, Sean Smith, a casino worker who does not have custody of his son, said that he understands his son's principled stand on the First Amendment, but he wants his son in school.

    "He should have gone to the dean's office instead of going home," he said. "And this all could have been cleared up."

    Sean Smith said he is a born again Christian who enjoys giving the pledge. "I'm very patriotic," he said. "I'm also proud of my son's convictions, but I'm afraid that if he gets in any more trouble he may end up dropping out of school."

    Contact reporter Paul Harasim at pharasim@reviewjournal.com or (702) 387-2908.



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    Shannon wrote on February 12, 2008 08:01 PM: Just Curious,

    Thank you.

    So tell me, what was it that hinted at the undeniable hotness that is me - the part about the three kids or the fact that I'm not getting all 'sexy-time' with them (lol)?


    madmab wrote on February 12, 2008 03:19 AM: Patriot, I don't hate anyone or anything except child abusers, especially those who do so under the cover of authority of religion. The amount of child abuse (and killings in the name of their "one true god") under the cover of "christian" authority far outstrips abuse under any other authority.

    Mormons believe in Christ, therefore they and Warren Jeffs are Christians. JWs, Catholics, Lutherans, etc., are Christians. Name *one* "christian" group that never abused or hurt anyone (and took pleasure in the infliction of that pain. If you want an example of "christian" abuse by those not thought to be nutjobs, look at the abuse of Native American children by "christian"-run residential schools in U.S. and Canada. In Canada, they're making reparations, but not in the U.S. Mom is getting an earful from a Navajo woman she knows. The woman was taken from her living parents, declared and "orphan", and put in a residential abuse mill by Christians.

    Christians believe in biblegod, and in the bible, that god himself states that his name is "Jealous".

    I don't hate imaginary friends because they are imaginary and not real - no point in hating the hallucination of another person. Your hate-filled blood-soaked sky daddy is the hallucination of a group of sun-braindamaged desert people that used force to get others to believe in their hallucination for several millenia, so I hate the hallucinators who damaged the world with their hate/war/evil/destruction not the hallucination.
    Note the attack on me here - not against what I said but against what patriot *thinks* I said. Plenty of good folks in spite of christianity not because of it.

    As long as there has been "one true god", there has been killing in his name (this applies to all Abramists, not just "christians"). Stop believing in violent hallucinations!


    Just Curious wrote on February 08, 2008 11:41 PM: Shannon,

    Y O U...

    sound so hot to me right now ;)


    patriot wrote on February 08, 2008 10:10 PM: Oh lets get this straight, Warren Jeffs was Mormon, not CHRISTIAN.And yes thers a diff, mormans believe God was once a man like we are, and that they will someday become a God like he is.The true and eternal God of scripture is eternel. HE is triune in nature, within the 1 eternal GOD are 3 co equal eternal and existant persons.FATHER, SON AND HOLY SPIRIT. Ano please don't tarnish the name of CHRIST by using a cultists as an example of CHRISTIANS.


    patriot wrote on February 08, 2008 10:03 PM: Madmab, isn't that alot of writing , just to say you hate CHRIST.


    Shannon wrote on February 08, 2008 07:10 PM: Just curious:

    She may have been serious - there is so much misinformation blowing around I have no doubt that she probably believed it.

    I have three children, and...eeeeeeew is right (lol). I'm not Wiccan any more, and when I was I never even thought about it. To be honest, that particular myth is new to me and I've been in the community for awhile.

    I couldn't even imagine...
    ::shudders::. Gross.

    At first I thought you were being facetious. It wasn't until you responded to my answer that I realized you were serious. I'm really sorry I snipped at you.


    patriot wrote on February 08, 2008 06:50 PM: And TLB, is common knoledge that the old testament was written before the new , thus the term old.Its quite obvious, you know nothing of textual critiscism. It is so easy to throw out blanket statements as you have done but never give any evidence to back it up. Really do some real bibly study before you show your lack of knoledge


    patriot wrote on February 08, 2008 06:43 PM: Well first off thats 1 of the things that makes the BIBLE, it doesnt cover peoples faults . As far as lot goes, he offered not wanting to but he so respected the men sent from GOD to him, not realizing they were angels,and the masses who were practicing homosexuality, all demon possesed wanted them for sex.


    tlb wrote on February 08, 2008 01:29 PM: Upon which translation? Do you know how much of the Bible is wrong due to faulty translation? I can recall at least 5 translations from todays version to the Old Herbrew that the Torah was written (pre-Christianity).

    Besides, everone knows that the men blame the kids for their pedophiliac situations...


    Dr Frazier wrote on February 08, 2008 12:48 PM: "Just remember what Lot did to his daughters."

    I'm no authority by any means tlb, but if I remember correctly, it was what the daughters did to Lot.


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