The case of an Angevine Middle School teacher accused of assaulting a student who refused to stand for the Pledge of Allegiance in February will go to a jury trial in October.

Karen Smith is facing misdemeanor charges of child abuse and third-degree assault. According to police, when a student at the middle school refused to stand for the Pledge of Allegiance on Feb. 1, Smith forced him to his feet by his jacket and removed him from the classroom.

The Boulder County Deputy District Attorney Nick Trevino and Smith's lawyer, Charles Kaiser, said at a case management conference Friday that they had discussed an offer but were not able to reach a resolution at this time.

There will be a motions hearing for the case on Aug. 30, and a jury trial is scheduled for Oct. 2-3.

Smith, who has taught in the Boulder Valley School District for 20 years, was put on paid leave after the incident. District offices were not open Friday to confirm if she was still on leave, though district spokesman Randy Barber said he had not heard of a status change for Smith.


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The district's practice is to let students sit or stand during the pledge. A 1943 U.S. Supreme Court decision — West Virginia State Board of Education v. Barnette — prohibits state education boards from compelling public school pupils to salute the flag while reciting the pledge.

Smith does not have a prior criminal record in Colorado.

Madeline St. Amour: 303-684-5212, mstamour@prairiemountainmedia.com