The state education code requires a patriotic exercise to start school days.

The San Benito County Grand Jury alleged in its 2010-11 report
that San Benito High School teachers’ compliance varies with a
state requirement to recite the Pledge of Allegiance or otherwise
conduct an alternate patriotic activity on a daily basis, according
to the findings released Monday.
The San Benito County Grand Jury alleged in its 2010-11 report that San Benito High School teachers’ compliance varies with a state requirement to recite the Pledge of Allegiance or otherwise conduct an alternate patriotic activity on a daily basis, according to the findings released Monday.

The San Benito County Superior Court released the 55-page final report from the civil grand jury. Each year, a pool of citizens are appointed to the panel to address complaints and potential problems with public agencies and to emphasize accountability. The list of jurors this year included 21 participants, including two alternates and another two residents who resigned during the term.

Besides inspecting issues at San Benito High School, the grand jury in its latest report made recommendations pertaining to the county elections office and inappropriately marked ballots that caused costly hand counting; perceptions of a lack of staffing at the county health and human services office, the jail and juvenile hall, the Hollister Police Department and the new Hazel Hawkins Memorial Hospital Emergency Room; and concerns about a projected $3 million deficit for Hollister after expiration of the 1 percent Measure T sales tax in May 2013.

But perhaps the most scrutinized entity of all was the San Benito High School District.

In its report, the grand jury noted among its inquiries to examine at the high school: “compliance with the (California) state mandate regarding display of the American flag and daily recitation of the Pledge of Allegiance by students.”

There was no supplementary report with the allegation, as there was with some other addressed topics, but the grand jury in its findings pointed out that compliance “varies.”

“Daily recitation of the Pledge of Allegiance (or other ‘patriotic equivalent’ per CA Ed Code 52720) is expected by each class at the beginning period of the school day but teacher compliance varies and this topic is currently under discussion by various departments.”

The grand jury’s list of seven recommendations included the following, though vaguely addressing the patriotism issue: “Ensure compliance by each teacher with California Education Code section 52720.”

San Benito High School’s director of finance and operations, Debbie Fisher, noted that she had sent a response to the grand jury, but she was hesitant to comment on the report in detail because she had not seen it.

“The school finds the Pledge of Allegiance extremely important and encourages it of all teachers and expects it of all teachers,” Fisher said.

Aside from state law mandating such a patriotic exercise to start the school day, the San Benito High School District Board also has a policy requiring it.

Grand jurors in their inspection on the Pledge of Allegiance matter interviewed an array of students and staff members. The jury’s Health, Education and Welfare Committee handled the examination, said Roxy Montana, foreman for the past three terms and a member for five terms.

“These are policies we have, and I think the grand jurors as a whole are very community-oriented, have an allegiance to the community – and further,” she said.

As with other government entities, the grand jury made recommendations on several issues with San Benito High School – about providing more surveillance cameras (there are six on campus), investigating the possible purchase of a campus-wide public address system, improving tardiness procedures and working with the city on traffic issues at Nash Road.

By law, the agencies or officials subjected to the reports must respond. Elected officials have 60 days to reply, while other residents and agencies have 90 days, said Gil Solorio, court executive officer.

See more about the grand jury report in the Pinnacle on Friday.

Education code section 52720

52720. In every public elementary school each day during the school

year at the beginning of the first regularly scheduled class or

activity period at which the majority of the pupils of the school

normally begin the schoolday, there shall be conducted appropriate

patriotic exercises. The giving of the Pledge of Allegiance to the

Flag of the United States of America shall satisfy the requirements

of this section.

In every public secondary school there shall be conducted daily

appropriate patriotic exercises. The giving of the Pledge of

Allegiance to the Flag of the United States of America shall satisfy

such requirement. Such patriotic exercises for secondary schools

shall be conducted in accordance with the regulations which shall be

adopted by the governing board of the district maintaining the

secondary school.

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