Klein ISD sued; student alleges bullying over pledge

School district denies allegations of mistreatment

Klein ISD is facing a federal lawsuit alleging a high school student suffered bullying for not standing during the Pledge of Allegiance.

According to the lawsuit filed Tuesday by the teen’s mother, the student has stopped standing for the pledge since she was a freshman in 2014 and was disciplined multiple times by administrators and faculty at Klein Oak High School.

Randall Kallinen, a lawyer who represents the unnamed student and her family, also represents India Landry, a student expelled earlier this month from CypressFairbanks ISD for not standing for the pledge. Landry was later reinstated.

“I’ve never had a case like this before and then, all of a sudden, I have two cases back to back,” Kallinen said at a news conference Wednesday outside the Klein ISD central office.

Overreaction alleged

Both lawsuits allege that the controversial protests by National Football League players taking a knee during the national anthem have made administrators exaggerate their responses to students refusing to stand during the pledge. The charged political atmosphere around protests might be a contributing factor, he added.

The Klein Oak student, who only gave her initials as M.O., was repeatedly taken out of class and chastised by teachers, which is unconstitutional and does not respect free speech, Kallinen said. He said Klein Oak administrators have gotten carried away with their political leanings and are imposing them onto students.

“School students do not lose their freedom of speech when they walk onto a campus,” Kallinen said.

In a statement, Klein ISD spokeswoman Judy Rimato denied the allegations in the suit, adding “after investigation and discussion with those involved over a three-year span, finds multiple discrepancies in the allegations. Klein ISD continues to respect the rights of all students. As Klein ISD communicated to the family’s attorney this summer, Klein ISD does not tolerate harassment against students.”

M.O., who is a high school senior, said she didn’t feel as though administrators supported her right to quietly protest. At one point, she was escorted out of school by police officers after her mother told the principal by phone she would take legal action.

‘It makes me sad’

“Since the incidents started arising (during) my freshman year, we made the school aware that it was my right and I just would respectfully sit and I wouldn’t disturb any other students, but I guess they just show opposition to that,” she said. “It makes me sad to see that it’s come to this point,” said the student, who was homeschooled last year and is now back in Klein ISD.

Kallinen said M.O. was not informed she could opt out of participating and hopes Klein ISD will change its policy to allow students to sit during the pledge without punishment.

“They were not given any head’s up because the law says they don’t have to,” he said.

M.O.’s mother, LaShan Arceneaux, said she supported her daughter’s decision not to stand and asked the school to make changes to their policy over the summer.

“Everyone’s entitled to their belief, but school teachers are there to teach our students,” she said.

“They should have a set curriculum that they’re teaching and really should leave their political leanings out of the classroom.”