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.
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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