Policy 5.40

Pledge of Allegiance in Schools

1. Purpose. The purpose of this policy is to implement a process compliant with current law relating to the reciting of the pledge of allegiance in schools by students.

2. Policy. The State of Florida within Fla. Stat. § 1003.44 (1) requires that the Pledge of Allegiance be recited at the beginning of the day in every Florida public elementary, middle, and high school. The Statute also states that schools must post in a conspicuous place a notice stating the students' right not to stand or recite the Pledge to the Flag and advising of the written opt-out option that is signed by the parent.

3. A student under the age of 18 who is not emancipated must stand and recite the Pledge of Allegiance, unless excused in writing by the parent. An 18 year old or older or emancipated high school student has personal authority and cannot be required to stand and recite the Pledge of Allegiance.

4. A student excused from reciting the Pledge of Allegiance is also excused from standing.

5. In the event of a non-participating student without an opt-out, the school personnel:

   1. cannot single out the student in front of the class,

   2. must counsel with the student (who is not 18 years of age or older, or an emancipated high school student) privately and notify the parent for parental resolution, and any conflict between the parent and child should be resolved by the parent,

   3. cannot discipline a student for failing to stand and/or recite the pledge, and

   4. may issue disciplinary action, if a student materially disrupts the Pledge.

6. The required notice that is referenced above in paragraph 2 must be posted at each school in at least one location conspicuous to students, such as outside the school's main office.