Taking that together, if she had refused to recite the Declaration of Independence due to a conscientious objection she would not be required to complete a written assignment. Refusing to cite the Mexican pledge should have been dealt with in a similar manner.
However the School District has a written policy upon which a student can be excused from reciting text from the Declaration of Independence if the student ?as determined by the District, has a conscientious objection to the recitation.? The written policy does not mandate the excused student write a lengthy essay as a substitution for the recitation of the text rich in American history and ideals.
On or about the morning of October 18, 2011, Defendant Cavazos called Plaintiff B.B. into the school office. Defendant explained that since Plaintiff B.B.?s decision not to pledge her allegiance to Mexico garnered media attention, Plaintiff B.B. would be removed from Defendant Santos? Intermediate class until the attention subsided, or words to that effect.
Plaintiff B.B. was assigned to stay in the school office during what would have regularly been Defendant Santos? Intermediate Spanish class. Plaintiff B.B. desired to return to the Spanish class, but the School District and Defendants Santos and Cavazos disallowed this. Defendants also neglected to ever inform William Brinsdon, Plaintiff B.B.?s father.
Plaintiff B.B.?s school counselor informed Plaintiff B.B. that her removal from Defendant Santos? Intermediate Spanish class would be permanent. When Plaintiff B.B. asked why, the school counselor told Plaintiff B.B. that she would need to ask Defendant Cavazos.
Plaintiff B.B. then received an ?F,? a failing grade, on her report card in Defendant Santos? class, when Plaintiff B.B. had not been allowed to attend the course.