PDF: Evening School Garrett for Quinesha Garrett

A Tyner Academy senior was removed from daytime classes this week and ordered to night school when she refused to stand and recite the pledge of allegiance.

But after the student hired a lawyer and told school officials that she didn’t stand because of religious convictions, she was allowed to return to a regular schedule beginning today.

“I knew that they were wrong,” said Quinesha Garrett, an 18-year-old in the Hamilton County school.

As a devout Christian, Ms. Garrett said she believes she should not pledge her allegiance to anyone but God.

School officials initially decided to send Ms. Garrett to night school to accommodate her behavior since “they don’t recite the pledge there,” school spokeswoman Danielle Clark said Tuesday. Once officials became aware of Ms. Garrett’s reasons for not reciting the pledge, “they nullified the transfer. She’ll be back in school (today),” Ms. Clark said.

But the transfer order that sent her to night school, signed by Tyner Assistant Principal Julius Hargrove, states she had to attend the school for eight days because of her “persistent violation of school rule.”

During an anatomy class last week, her teacher became upset that she had continually chosen not to participate, Ms. Garrett said, and reported her to Mr. Hargrove.

“I tried to talk with the assistant principal about it (Monday), and he didn’t want to hear it,” the student said. “He wouldn’t listen and told me to get off the campus.”

Mr. Hargrove and the school’s other two principals declined to comment about the incident, referring all questions to Ms. Clark.

Ms. Clark denied that sending Miss Garrett to night school was a form of punishment. Students often are sent to night school when they aren’t doing well in their regular environment, Ms. Clark said. Students attend three hours in the evening Monday through Thursday as opposed to attending a full school week.

Ms. Garrett said she contacted attorney Jesse Dalton on Monday afternoon, partly because she was afraid that attending night school would negatively affect her schoolwork and extracurricular activities such as a $400 senior trip she had already paid for. Under the school’s transfer order, she would have to be in night school when the trip took place.

Tennessee code states that “no student shall be compelled to recite the pledge of allegiance” if the student or a guardian objects on religious, philosophical or other grounds. The code allows such students to “remain quietly standing or sitting at their desks” while others recite the pledge.

A 1943 U.S. Supreme Court ruling also states a student cannot be punished for remaining silent and sitting during the pledge of allegiance.

“The school had no business punishing her,” said Hedy Weinberg, executive director of the American Civil Liberties Union in Tennessee.

In addition to the school’s decision being a “clear violation of her constitutional rights,” Mr. Dalton said, “it also would have damaged the quality of her education.”

Mr. Dalton said he met with Tyner Academy officials Tuesday and they agreed to let Ms. Garrett return to a regular school schedule only after he showed them the law and threatened to take them to court if they did not follow it.

Tennessee law

No student shall be compelled to recite the pledge of allegiance if the student or the student’s parent or legal guardian objects on religious, philosophical or other grounds to the student participating in such exercise. Students who are thus exempt from reciting the pledge of allegiance shall remain quietly standing or sitting at their desks while others recite the pledge of allegiance and shall make no display that disrupts or distracts others who are reciting the pledge of allegiance.

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