After a flap over a student halted from flying a flag from the bed of his truck in Edmond, state schools Superintendent Ryan Walters issued “guidelines on patriotic displays” to Oklahoma school districts Thursday.
The guidelines state districts must develop a district policy “that ensures the U.S. flag … can be flown and displayed on all school campuses without infringement,” must lead students in reciting the Pledge of Allegiance at least once a week and must submit a report to the Oklahoma State Department of Education detailing their policies about flag display and the Pledge of Allegiance.
It's questionable if Walters has the unilateral authority to force districts to comply with the guidelines. A recent Oklahoma Supreme Court decision concerning library content affirmed the authority of local school boards, and not the state agency, in making such decisions.
A document sent to districts included as legal rationale for the guidelines includes quotes from a famous 1969 U.S. Supreme Court decision in Tinker vs. Des Moines -- in which the court ruled that students and teacher do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” -- along with three state statutes involving flag display and the Pledge of Allegiance.
Dan Isett, a spokesman for Walters, didn't answer questions about whether the guidelines apply to other flags – such as the state flag – commonly flown at schools, or what the consequences for a school district might be if it did not follow the guidelines issued by the agency. The guidelines did not address either question.
“No school in Oklahoma should tell students they can’t wave an American flag,” Walters said in a statement included in a news release. “Americans have fought and died for the right to carry our flag, and no student should ever be targeted for exercising that right. Our young people should never have to fear displaying their patriotism and I will fight every day so that when our students want to express their love for America, they can do so boldly and proudly.”
State law already requires the U.S. flag to be displayed during every school day “either from a flagstaff or pole, and in inclement weather, within the school building.” Another state law also mandates the weekly recitation of the Pledge of Allegiance in schools. The flag law says nothing about student display of flags, nor the authority of the state Department of Education to enforce guidelines concerning it. The Flag Code , which is federal law, already applies to official and non-official displays of the U.S. flag.
The Flag Code says, “The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.” Walters’ guidelines made no mention of specific procedures for civilian display of flags.
Dispute over flag display in Edmond led to Walters' issuance of guidelines
Issues concerning flag display were raised by an Edmond North High School student, who told Oklahoma City television station KOCO that school officials would not allow him, or others, to display the U.S. flag on their vehicles while on school property.
The student also posted on social media, drawing the attention of Walters , who said in a video posted on X on Tuesday that, “No school in Oklahoma should tell students they can’t wave an American flag.”
A statement released by Edmond Public Schools last week said it is the practice of the district "to not permit students to fly or bring flags of any kind on our school campuses."
"To be clear, this is not about the American flag or patriotism. Edmond Public Schools proudly displays the American flag prominently and in the proper, respectful way outside each of our buildings and in our classrooms," the district said. "Not only do we recite the Pledge of Allegiance every morning as we start our school day, but we also present the colors and play the national anthem at most of our athletic events. All of these things are done in the proper fashion according to flag etiquette."
Four Republican lawmakers who represent Edmond in the Oklahoma Legislature – Sen. Adam Pugh, Rep. Mike Osburn, Rep. Preston Stinson and Rep. Erick Harris – sent a letter to Edmond district Superintendent Angela Grunewald to "express our support for the display of the American flag on public school property and to address the recent controversy involving a student who displayed the American flag on his truck."
They asked Grunewald to reconsider her position, but added they understood "that there may be concerns regarding the display of symbols on school property, particularly when it involves student vehicles." One of the legislators’ suggestions was for the district to “(e)stablish clear, fair guidelines that allow students to display the American flag on their personal vehicles, provided that the display is respectful and does not interfere with the safety or operation of the school.”
How are school districts handling the announcement?
Edmond district spokesman Jeff Bardach said Thursday the district wouldn’t comment on Walters’ guidelines until it had received them.
Other local districts didn’t immediately respond to messages concerning Walters’ guidelines. One that did was Mustang Public Schools, who sent that district’s flag display policy, which reads in part: “The Flag of the United States will be displayed in each regular classroom and from the flagpole at each school during suitable weather. Instruction in flag etiquette to include the customs, traditions and history of the flag of the United States shall be presented to all students annually. Students are authorized to recite at the beginning of each school day the ‘Pledge of Allegiance to the Flag of the United States of America’ as enumerated at 36 U.S.C., Section 172.”Stacey Boyer, a spokeswoman for Mid-Del Schools -- a district with an elementary school located on Tinker Air Force Base -- said the district "will review (the guidelines) to determine if any policy adjustments are necessary."
Boyer said that district is "proud to serve our men and women in uniform and their families. We lead students in the Pledge of Allegiance at the start of every day in every school building. We also proudly fly the American flag at every campus and each district building."
This article originally appeared on Oklahoman: Walters issues 'guidelines on patriotic displays' after Edmond North flag controversy
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