NSB reviews flag salute policy
On the eve of the Fourth of July weekend, concern about a possible change in the Flag Salute and Pledge of Allegiance policy in Northampton Area School District was raised.
School board Director James Chuss objected to a draft of a proposed change to School District Policy 807, Flag Salute and Pledge of Allegiance, contained in the school board’s information packet for the June 27 meeting.
The phrase under consideration to be inserted into the policy is “All students may be required to stand.”
While the proposed policy change was presented to school directors for a first-reading only and was not up for a vote, Chuss brought up the proposal during the board-administration comment portion near the end of the 45-minute meeting.
“I’d like to amend that to ‘all students will be required to stand,’” Chuss said, emphasizing the change from “may” to “will.”
The sentence is proposed to be inserted in the following paragraph of Policy 807, between the first and the second sentences:
“Students may decline to recite the Pledge of Allegiance and may refrain from saluting the flag on the basis of personal belief or religious convictions. The school district will not interfere with the decision of any student who declines to recite the pledge or to salute the flag, and no employee of the school district will discipline or otherwise sanction any student who makes such a choice. Similarly, the administration will not question any student who declines to recite the Pledge of Allegiance or who refrains from saluting the flag as to the basis for the student’s decision.”
Policy 807, as well as all district policies, is on the NASD website, under Series 800 Operations, at nasdschools.org/policies.cfm?sid=9.
NASD Director of Curriculum and Instruction Lydia Hanner noted, “Not all students can stand,” referring to students with disabilities.
NASD Board Solicitor Atty. C. Steven Miller said, “I suspect that the language is not by accident,” referring the use of the verb “may” in the phrase, “All students may be required to stand.”
NASD Assistant Superintendent Jeanette Gilliland said, “It’s purposely written that way.
“There are religion and cultural requests that students do not participate,” Gilliland added.
“It’s just disrespectful,” said Chuss.
“It may be, but what does the Supreme Court say?” asked Miller.
After the school board meeting, Gilliland told a reporter for Northampton Press that the change in policy was submitted for consideration by the administration and board by the Pennsylvania School Board Association.
“That’s why this (policy sentence) came around, to better protect the district,” said Gilliland.
Gilliland said students can request of their homeroom teacher that they not be required to recite the Pledge of Allegiance and salute the United States flag when it’s against their religious or personal beliefs. A student’s request is granted under Freedom of Speech, protected by the First Amendment to the U.S. Constitution.
After the meeting, Chuss said, “I have a very strong respect for our country, and the flag is a part of that.”
Chuss said his beliefs are informed by his father’s service as a World War II veteran and his own participation as a Scoutmaster, Boy Scouts of America Troop 50, based at Salem United Church of Christ, Moore Township.
“I believe in freedom of speech, but I draw the line when it comes to the flag,” said Chuss.
“I respect their religion,” he added, regarding those whose beliefs prohibit them from reciting the Pledge of Allegiance and saluting the flag.
After the meeting, NASD Superintendent of Schools Joseph Kovalchik said, “It boils down to what the law allows and doesn’t allow. I understand Mr. Chuss’s concerns, but we must abide by the law.”
Kovalchik said that no district parents or students had complained about the policy.
Miller will review the policy and report to the board at its next meeting, 6:30 p.m. July 11, in the NASD Administration Building, 2014 Laubach Ave., Northampton.
Policy 807, Flag Salute and Pledge of Allegiance, adopted Nov. 3, 2008, and revised May 10, 2010, states:
“While it is the responsibility of every citizen to show respect for his/her country and its flag, the Board recognizes that students have a Constitutional right not to participate in the flag salute and/or the Pledge of Allegiance, provided that they do not interfere with the recitation or salute by their classmates or adults.
“The Board has the authority and responsibility to establish rules and regulations for the conduct and behavior of district students. At the same time, no student’s Constitutional rights to freedom of expression and/or freedom of religion may be violated.
“A United States flag shall be displayed in every classroom and on or near each school building during school hours, and at other times determined by the Board, in accordance with appropriate guidelines for proper display of the flag.
“District schools shall provide opening exercises that include a salute to the flag and/or recitation of the Pledge of Allegiance or the National Anthem.
“Students may decline to recite the Pledge of Allegiance and may refrain from saluting the flag on the basis of personal belief or religious convictions. The school district will not interfere with the decision of any student who declines to recite the pledge or to salute the flag, and no employee of the school district will discipline or otherwise sanction any student who makes such a choice. Similarly, the administration will not question any student who declines to recite the Pledge of Allegiance or who refrains from saluting the flag as to the basis for the student’s decision.
“Students who choose to refrain from participation in the Pledge of Allegiance and/or the salute to the flag shall respect the rights and interests of their classmates who do choose to participate, and shall not interfere with this choice.
“The administration may direct professional employees to conduct a brief period of silent meditation as part of daily opening exercises. Silent meditation shall not be conducted as a religious service or exercise.”