As principal of Rockville Elementary, Steve Jones finds that his community is extremely patriotic and the school has had a long-standing practice of reciting the Pledge of Allegiance and saluting the flag every morning. He is informed by students and other teachers that Sarah Allen does not recite the pledge with her class or salute the flag. Steve Jones is obviously upset because he feels that Ms. Allen is setting a poor example for students and not conforming to community sentiments. He calls her into his office.
1. Does Steve have a justifiable reason to challenge Sarah's failure to recite the pledge? Why or why not?
2. Does Sarah Allen have a right not to participate in the morning ritual? Why or why not?
3. Are there legitimate grounds on which she may refuse to participate? If so, identify them.
4. If she fails to participate at the principal's request, could her refusal amount to insubordination? Why or why not?
5. As principal, how would you handle the situation?
6. How would the court likely rule in this case?
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Laura will respond to this
ReplyDelete1. I believe that Steve has the right to ask Sarah why she is choosing to not participate in the morning rituals. Based on her rights she should not be forced to do it but could be expected to explain to the students why it is important for them to do it and why she is choosing to not.
ReplyDelete2. I do believe that she does have the right to not participate but I feel that she should explain to the students the importance of the ritual just as I stated in the above answer.
3. If it is a religious issue then she has a good reason for her decision and should be allowed to not participate.
4. I do not believe that the Principal will have any legitimate reason for an insubordination charge. She is technically not breaking a law and unless it is school policy, which also may be questionable, she does not need to participate.
5. I would take the time to talk to her to see if we could work something out so that the children are getting proper instruction and guidance. I would not mind if she did not participate as long as she provided an explanation to the students.
6. I believe that the courts would side with the teacher and not with the principal based on her constitutional rights.
I agree with all of Laura's points on this issue. It would be important to speak with the child to ask sher why she is refusing to say the pledge of allegiance. As a school official we can not force anyone to recite the pledge and would have no grounds to stand on to discipline the student. I would not think this would be in any school or district policy and therefore the courts would side with the student.
ReplyDelete1. Yes, he can inquire about the reasons why she is not participating because it is having a disturbing affect on students, teachers and school climate.
ReplyDelete2. Yes, she may have a number of personal reasons including religion why she does not want to participate.
3. Yes, she retains her first amendment rights, freedom of expression, religion and privacy.
4. No, a person is not obligated to give up their constitutional rights as citizens of the United States because of a community’s cultural practices.
5. As Laura stated I would also work to come to a compromise for all parties involved.
6. I agree that the courts will find in favor of the teacher.