TEXAS — A former Texas high school student who says a teacher harassed her for sitting out the Pledge of Allegiance is getting a $90,000 settlement.

What You Need To Know

  • A former Houston-area high school student has been awarded $90,000 in a case dating back to 2017 that involves the Pledge of Allegiance

  • According to American Atheists, which represented the plaintiff, a teacher harassed the student for refusing to participate in the Pledge

  • The teacher agreed to the settlement, a news release says, and the $90,000 will be paid via a fund set up by the Texas Association of School Boards

  • Under federal and state law, public school students may opt out of the Pledge of Allegiance

The lawsuit was filed in 2017. According to American Atheists, the civil rights group that represented the plaintiff, a sociology teacher at the Houston-area Klein Oak High School singled the then-senior out, at one point forcing her to write the Pledge of Allegiance out.

According to American Atheists, the student opted not to stand for the Pledge because she objected to the words “Under God,” and because she does not believe the United States adequately guarantees “liberty and justice for all.”

“Nonreligious students often face bullying or harassment for expressing their deeply held convictions,” said Nick Fish, president of American Atheists. “No one should have to endure the years of harassment, disrespect, and bullying our client faced. The fact that this happened in a public school and at the hands of staff who should know better is particularly appalling. After nearly five years of litigation, the defendant finally made the only smart decision and agreed to settle this case.”

The teacher agreed to the settlement, American Atheists said, and the settlement will be paid via a risk pool fund established by the Texas Association of School Boards.

American Atheists in a news release said the teacher, in addition to making the student write the Pledge out, threatened to give her a failing grade and went on a tirade against her that was captured in an audio recording.

The student for a time left Klein OAk in order to be homeschooled. However, when she returned, American Atheists said, the harassment intensified.

The U.S. Supreme Court in 1943 rule that making public school students recite the Pledge or salute the flag violates First Amendment rights.

Texas law additionally allows parents to opt their kids out of the Pledge so long as they provide a written request.