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Students can be absolved from the claim if their parents accord accounting permission. But a accusation claims the law violates students’ chargeless accent rights.

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The morning of Oct. 2, 2017 was not the aboriginal time that India Landry, a chief at Windfern High Academy alfresco Houston, banned to angle back the Agreement of Adherence came on over the intercom.

The beef had gotten her kicked out of her English chic bristles times; her law abecedary told her she was disrespectful, according to a 2017 lawsuit. But on that October morning, back the then-17-year-old banned to stand, she was expelled.

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Landry, who is atramentous and had sat through the circadian Agreement of Adherence some 200 times as a anatomy of protest, was sitting in the principal’s appointment that morning back the agreement rang through over the intercom. Back she bootless to stand, cloister abstracts allege, Arch Martha Strother told her, “Well, you’re kicked outta here.”

“This is not the NFL,” the principal’s secretary told her, according to cloister documents.

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That banishment — which a cloister filing says was antipodal canicule afterwards with little account — has sparked a acknowledged action that this anniversary broadcast to accommodate Texas Attorney General Ken Paxton, who intervened in the case on Tuesday.

As tensions arise nationally over football players who kneel during the civic canticle at televised games, the affair has become a new advanced in Texas’ ability wars. Randall Kallinen, Landry’s lawyer, is apery two Houston-area acceptance who say administrators punished them afterwards they afterwards they sat through the agreement as a anatomy of protest. Landry and Kallinen altercate that a accompaniment law acute acceptance to angle for the agreement of adherence violates her Aboriginal Amendment appropriate to chargeless speech. The commune beneath to animadversion on awaiting litigation.

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The Texas Apprenticeship Code states that schools “shall crave students, already during anniversary academy day at anniversary campus,” to recite the Agreement of Allegiance. But it additionally directs schools to “excuse the student” from reciting the agreement “on accounting appeal from a student’s ancestor or guardian.”

The teenager’s mother, Kizzy Landry, was admiring of her daughter’s protest, Kallinen said, admitting the advocate could not anamnesis whether she had filed a accounting account with the school.

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In any case, Kallinen argues in cloister documents, the arch “said that sitting was aweless and would not be allowed.”

The law, Kallinen argues, violates students’ chargeless accent rights alike admitting it offers parents the adventitious to opt out.

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“Let’s say that there’s a law anesthetized that acceptance accept to accord organs unless their parents say no,” he offered as an acute example. “That would be actionable no amount what the parents say.”

It’s accepted convenance for Paxton’s appointment to avert a accompaniment law from a built-in challenge. But Paxton, who is up for re-election in November, is treading anxiously amid several barbed political issues: chargeless accent rights, affectionate captivation in their children’s education, and the action to NFL players — and anyone abroad — perceived to be agitation the banderole or the country’s anthem.

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A contempo poll from Quinnipiac University begin that 54 percent of Texas acceptable voters “disapprove” of NFL players who kneel during the anthem.

Paxton said in a account Tuesday that “school accouchement cannot unilaterally debris to participate in the pledge.”“Requiring the agreement to be recited at the alpha of every academy day has the commendable aftereffect of adopting account for our banderole and a affectionate adulation of our country,” Paxton said. “This case is about accouterment for the adage of the agreement of adherence while apropos the affectionate appropriate to absolute the apprenticeship of children.”

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Landry’s case is set for a balloon in 2019.

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