LAKELAND, Fla. — A middle school student in Tampa Bay has gotten national attention following his arrest after refusing to stand for the Pledge of Allegiance.
It's not the first time the Pledge of Allegiance has been the topic of controversy. From the classroom to the courtroom, Americans have spent years debating the pledge, what it stands for, and where it belongs. Here's what the law says:
Florida Law
According to F.S. 1003.44, the pledge of allegiance, “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all,” shall be rendered by students standing with the right hand over the heart. The pledge of allegiance to the flag shall be recited at the beginning of the day in each public elementary, middle, and high school in the state. Each student shall be informed by a written notice published in the student handbook that the student has the right not to participate in reciting the pledge.
Here's what the Student Code of Conduct says in Tampa Bay districts:
Hillsborough County
The Pledge of Allegiance to the Flag, “I Pledge Allegiance to the Flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all,” shall be rendered by students standing with the right hand over the heart. The pledge of allegiance to the flag shall be recited at the beginning of the day in each public elementary, middle and high school in the state.
Students have the right to:
• show love for their country and allegiance to its flag;
• recite and display their feeling of patriotism;
• participate in, or refrain from, activities involving loyalty oaths, saying a pledge, singing an anthem, saluting a flag, or taking part in a patriotic ceremony;
• refrain from reciting the Pledge of Allegiance and to remain seated/stand quietly while the pledge is recited by others.
Students have the responsibility to:
• not interrupt the educational rights of others
• not interfere with the rights of other students to express or refrain from expressing patriotism;
• remove any headdress when the national anthem is played, except when such headdress is worn for religious purposes;
• stand at attention, when possible.
Pinellas County
The Pledge of Allegiance to the American Flag shall be rendered daily. Those students and faculty members not wishing to participate in such patriotic observances and silent periods should maintain a respectful silence, refraining from any act that would interfere with such observances.
Polk County
Schools do recite the pledge every morning.
Florida statute provides that the pledge of allegiance to the flag shall be recited at the beginning of the day in each public elementary, middle, and high school in the state.
Florida statute also provides the following for the pledge: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Manatee County
When the national anthem is played or the pledge is recited, students and all civilians shall stand at attention, men removing the headdress, except when such headdress is worn for religious reasons. When the pledge is recited, students shall stand with the right hand over the heart. With a written request by a student’s parent or guardian, a student will be excused from 59 reciting the pledge, including standing and placing the right hand over his or her heart. When the pledge is given, unexcused students must show full respect to the flag by standing at attention. When the Junior Reserve Officer Training Corps (JROTC) Color Guard presents the colors for the national anthem or Pledge of Allegiance at a school or district function, the audience is asked to rise before the procession begins from the back of the room. The audience remains standing after the pledge or anthem and during the entire time the Color Guard walks to the back of the room. The audience remains standing until the Color Guard is dismissed.
Sarasota County
I. The pledge of allegiance to the flag shall be recited at the beginning of each school day in all Sarasota County Schools.
II. The Student Handbook that is distributed to all students shall contain written notification that the student has the right not to participate in reciting the pledge of allegiance. A student may be excused from instruction and/or reciting the pledge of allegiance, including standing and placing the right hand over his/her heart, when his/her parent(s), as defined by Florida Statutes, files a written request with the school principal.
III. The United States flag and the official flag of Florida shall be displayed daily on a suitable flagstaff on the grounds of each school and school board facility when the weather permits. Flags shall be displayed according to United States Code and state guidelines.
IV. Each classroom and auditorium shall display the United States flag.
V. All flags shall meet the requirements of Florida Statutes.
VI. Each school and building used by the District shall display the state motto "In God We Trust" in a conspicuous place.
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