The state Board of Education voted last August to require all public schools to set aside time each day to say the Pledge of Allegiance, and now one eastern Nebraska family has lost their fight challenging the requirement.
A judge ruled earlier this week that the Stanosheck family didn't sufficiently state what injury the parents and their three children suffered due to the state's requirement.
The Springfield family filed a petition for declaratory judgment in December saying the Nebraska Department of Education acted beyond its authority when creating the new rule.
The rule went into effect on Sept. 15, and since then all public schools must set aside time for schoolchildren in kindergarten through 12th grade to recite the pledge in the presence of the flag. Students not wishing to participate are allowed to stand or sit quietly instead.
School districts across Nebraska must comply in order to keep their state accreditation and funding.
This rule is modeled after a 2002 New Hampshire law that federal courts upheld.