A Montgomery County middle school teacher who punished a student for refusing to recite the Pledge of Allegiance will now be compelled to apologize after the ACLU intervened in the case.
For two days in late January, a Roberto Clemente Middle School student refused to stand for the pledge and remained silent in her chair, according to details released Tuesday by the American Civil Liberties Union of Maryland and confirmed by a Montgomery schools spokesman.
The teacher first threatened detention and sent her to the counselor’s office, according to the ACLU. When the same incident occurred the following day, the teacher called on a school security officer to escort the student to the counselor’s office again.
“The law is crystal clear that a public school cannot embarrass or harass a student for maintaining a respectful silence during the Pledge of Allegiance,” said Ajmel Quereshi, an ACLU lawyer.
When the student’s mother approached school administration for guidance, an assistant principal recommended the student apologize for her “defiance,” according to the ACLU.
A Tuesday evening call to Clemente’s acting principal, Khadija Barkley, was not returned.
Now, the ACLU is seeking an apology on behalf of the student and her family. Montgomery County officials didn’t rush to the teacher’s defense, citing school policy based on state and federal law.
“It’s a violation of our policy, and it shouldn’t have happened,” said schools spokesman Dana Tofig.
“It’s very clear that you can’t compel someone to take part in a patriotic act,” Tofig said. “We’re going to make sure that the student and her family receive an apology.”
The right of students to refrain from participating during the Pledge of Allegiance was affirmed by the Supreme Court in the 1943 case West Virginia State Board of Education v. Barnette.
The young girl was “so traumatized by her teacher’s humiliating and inappropriate reaction that she has not felt comfortable returning to school until the situation is addressed,” according to the ACLU.
Doug Prouty, president of the Montgomery County teachers union, tentatively agreed with the school district’s decision to compel an apology from the teacher and the school.
“My initial thought is yes, but we would need to know all of the details,” Prouty said.
