Amanda McElfresh

amcelfresh@theadvertiser.com

The policy requiring Lafayette Parish public school students to stand for the Pledge of Allegiance has only been in effect since September 2015.

Lafayette is not the only Louisiana school district with such a requirement. For example, Jefferson Parish, East Baton Rouge Parish, Rapides Parish and Monroe City Schools are among other districts with an almost identical mandate.

But several other parishes, including St. Martin, Iberia and Calcasieu, do not have any policies about students reciting or standing for the pledge.

Jim Prescott, president of Forethought Consulting, said such variations aren’t unusual, especially in situations like this, where state law doesn’t specifically dictate what the policy should be. His firm works with 68 Louisiana school districts, and others in the South, to develop various policies.

“This is one policy that I think has only been in existence for the last five years or so,” Prescott said. “This is the first time there’s ever been an issue of this sort that I know of, and I’ve been working for 40 years with districts in Louisiana.”

Suddenly, though, it’s been thrust into the spotlight. In mid-April, the Appignani Humanist Legal Center sent a letter to Lafayette Superintendent Donald Aguillard, alleging an Acadiana High teacher mistreated a student who tried to sit during the pledge.

DETAILS: Read the letter from the legal center to Lafayette Parish school officials

The center and the Louisiana chapter of the American Civil Liberties Union have said Lafayette’s policy doesn’t mesh with previous legal decisions on the matter. The groups contend that students have legal rights that include being able to sit during the pledge, particularly if it is for religious reasons.

Louisiana law states that public schools shall “allow the opportunity for group recitation of the ‘Pledge of Allegiance to the Flag’ at the start of the first class each day.The statute does not make any references to whether students must stand.

RELATED: ACLU urges Lafayette to rescind Pledge of Allegiance policy

Scott Richard, executive director of the Louisiana School Boards Association, said such decisions are usually best left up to local officials. With the issue arising in Lafayette, Richard said the wording of the statute could come into play.

“It appears that in the Lafayette case, the issue is more focused on the ‘opportunity’ to participate — and whether or not opting out of participation by a student still requires a student to stand — again, something that should be worked out at the local level and in accordance with current jurisprudence on this specific definition of ‘participation’ or ‘non-participation,’” Richard said via email.

Rare situation grabs attention of others

Over the past several months, the Lafayette Parish School Board has worked to clean up its policies, removing redundant or outdated ones, and clarifying language in others. Until mid-April, the Pledge of Allegiance policy was never publicly discussed, and no known concerns about it were raised.

That changed a few weeks ago with the letter from the legal center, which asked the district to remove the requirement that students stand for the pledge. The Lafayette Parish School Board will ultimately decide what, if any, changes to make to the policy.

RELATED: School board members react to Pledge controversy

There are no guarantees the board will change the policy.

Four board members have publicly expressed reservations about removing the requirement, in large part because their constituents have told them they believe students should stand for the pledge as a sign of respect.

Board member Elroy Broussard noted that he doesn’t think the district should make changes because “one or two people” do not want to stand.

The board will have to weigh its decision, though, against the possibility of a lawsuit — which could result in a costly legal battle the district can ill afford in the face of a multimillion dollar deficit.

“Right now, I’d vote not to change it,” board member Britt Latiolais said earlier this month. “But if that’s not what the law says, then I might have to do something different.”

The situation has the attention of other districts. St. Martin Parish Superintendent Lottie Beebe said students not standing for the pledge hasn’t been an issue there, but the Lafayette case may make others raise similar concerns.

“In the absence of a policy, there has been a traditional practice in the district that students say the pledge, and those who find it offensive or do not want to say it, they are allowed to sit,” Beebe said. “It’s never been a big issue for us. It’s seldom that we encounter students who wish not to say the pledge.”

The same is true in Iberia Parish, said Superintendent Dale Henderson.

“We don’t have any such policy,” Henderson said. “The expectation is that students will stand and say the pledge. It’s not something that’s ever come up here. I’ve never heard of it being challenged here.”

Henderson said he would be “very hesitant” to create a policy about students saying and standing for the pledge.

“I think it’s a teacher-by-teacher, school-by-school expectation,” he said.

Similarly, there have been no concerns in Calcasieu Parish, said Holly Holland, the district’s public information officer.

“The principals at each of our schools have their students say the Pledge every morning, and as of now, we have not received notification of any concerns or issues with this,” Holland said via email.

Last year in Caddo Parish, a student at Captain Shreve High School chose not to recite the pledge, said Mary Wood, a district spokeswoman. The school did not prevent the student from refusing to participate, Wood said.

Caddo does not have any policies that require students to recite the pledge, Wood added.

“Instead, previous superintendents have requested of schools to provide an opportunity for students to recite the Pledge; however, no student or faculty member can be required to participate either through reciting or standing,” Wood said via email.

“For students who choose not to recite or stand, the district and schools ask for students to be respectful of their peers and to not be disruptive during this time in order to allow each student the individual freedom to recite the Pledge should they choose.”

All eyes on board's decision

Prescott wasn’t entirely sure how districts came to develop a policy that requires standing for the pledge, but said it isn’t uncommon for systems to ask his firm for guidance and see how other districts are handling issues.

“Somebody probably had this one at some point, and it’s probably made the rounds,” he said. “We get requests from school systems all the time to provide them with samples on a particular issue.

"In the Lafayette case, it was probably included when we overhauled the policy manual about four or five years ago. Some of those policies were adopted then, and some were adopted more recently.”

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With the issue coming up so infrequently in Louisiana schools, the board’s decision could set a precedent of sorts.

Prescott said his firm is keeping a close eye on developments in Lafayette and conducting its own legal research into the matter.

“What we will probably do is assess the situation, let the powers that be in Lafayette address it, and see how they respond,” Prescott said. “After that, districts that may have that particular provision, we may send them a recommended revision sometime in the future.”