Monday, Feb. 4, a sixth-grade student was arrested for “disrupting a school function and resisting an officer without violence” after a substitute teacher had an issue with the student declining to stand for the Pledge of Allegiance, according to CNN.

Though the school’s student code of conduct does not require students to stand for the Pledge, the substitute was unaware of the school’s policy and demanded that he stand. When he declined to stand, saying the American flag represents injustice toward African American people, she called school administration, who asked the student to leave the class. When the student refused, the administrator called the police and the student was transferred to the Juvenile Assessment Center after his arrest.

The student typically does not stand for the Pledge, and his lawyer, Roderick Ford, said he is well within his legal rights. Ford and the student’s mother plan to file a complaint with the Office of Civil Rights for the U.S. Department of Education, and they are currently working to get the charges dropped, according to CNN.

The student was also suspended for three days following his arrest. He is now enrolled in a private school because of this incident, Ford said.

The school district released a statement shortly after the arrest saying it does not condone the substitute teacher’s behavior and that it respects its students’ right to freedom of expression.

The boy’s mother stated she does not understand why the situation escalated so quickly and in the way that it did, according to CNN. She said she was upset more for her son because he has been bullied in the past. She also said the school should be responsible, not her son.

When the news of this incident broke, the American Civil Liberties Union (ACLU) of Florida tweeted, “Students do not lose their First Amendment rights when they enter the schoolhouse gates. This is a prime example of the over-policing of Black students in school.”

The arrest and the actions of the school administration and local police have received backlash from many people saying the First Amendment rights of the student were violated.

As for the substitute teacher, she was asked to leave campus immediately after giving a written statement and after the office was notified of the incident. She will also no longer be allowed to work at the district’s schools.

Student Poll Responses

Q1. Do you think that the choice to stand, or not stand, for the Pledge is a First Amendment issue?

Yes: 69% No: 15%
I’m not sure: 15%

Q2. Many people have expressed that the substitute teacher overreacted to the student’s behavior. Do you feel that the substitute may have overreacted to the situation?

Yes: 90% No: 6%
I’m not sure: 4%

Q3. Do you support the student’s decision to decline to stand during the Pledge of Allegiance?

Yes: 67% No: 23%
I’m not sure: 10%

Expert Corner:
Dr. J. Edward Frick, Lecturer in Education, Educational Administration and Leadership

Dr. J. Edward Frick, lecturer in education and educational administration and leadership, said that as a former school administrator, it is the school’s responsibility to make substitute teachers—and teachers in general—aware of standard practices and policies regarding incidents they might encounter.

“This often takes the form of a Substitute Handbook which is provided to the substitute upon arrival at the school in the morning,” Frick said in an email.

He said that districts can also work with a Substitute Service, if there is one for that particular district, to make hired substitute teachers aware of important policies or procedures they might need to handle during the day.
“It is also important for administrators at the building to check in with substitutes to see if clarification is needed on anything in the handbook, schedule, duties, etc.,” Frick said.

Frick said, however, that there is no standard school protocol when it comes to freedom of expression since all students are afforded their First Amendment rights in the classroom. There is a balance, though, that varies from state to state because each state government defines schoool law differently.

“In this case it seems clear that the student was not being disruptive in the classroom and that the situation was escalated by the teacher’s action and lack of knowledge surrounding the Pledge of Allegiance policy,” Frick stated.

“It is fairly standard practice to not force students to say the Pledge. Some schools want students to at least stand, but that is articulated in policy.”

Most teacher preparation programs, including the ones at Elizabethtown College, discuss First Amendment issues throughout course work, according to Frick. Training also happens at a local-level and is often provided by districts using either private trainers or contracted training services.

“The best course of action for teachers is to have discussions surrounding these issues with their administrators so they are prepared,” Frick stated.

“From an administrative standpoint, it is vital for teachers to be provided with training and/or information on how to address such issues.”

“Jay Talk”
Student Quotes from Around Campus

“I do not agree with the student’s actions, but they are well within their rights to exercise their freedom of speech. The teacher shouldn’t have seen it as large of an issue, and the dean also shouldn’t have called authorities for this situation.”
~ Anonymous

“I agree with the student’s right to not stand for the Pledge. The substitute teacher should not have called the administration into the matter and the student did not deserve to be arrested.”
~ Samantha Wanamaker, first-year

“This is an absolutely outrageous situation. Americans should have the right to stand or not during the Pledge. I don’t stand during the Pledge for my own reasons, and this child should have the freedom to do the same. If the school does not require standing, then this substitute teacher should not be able to command it of any student.”
~ Anonymous