LAS CRUCES, N.M. -- Existing laws in New Mexico state that every school child will say the Pledge of Allegiance, but a federal court ruling in 1949 may change how the New Mexico Department of Education words its rule currently on the books.

Students who don't want to say the pledge already don't have to, but it's not a written rule according to the state, so they it might just change that.

“Most districts have that in their current policy, but we did not have that policy that was in compliance with various court proceedings in the state rules,” said Veronica Garcia, New Mexico Public Education secretary.

At least one instance led Garcia to consider changing the wording.

“We did have one complaint from a family where the child was forced to say the pledge. As soon as they brought it to the attention of the principal in the district, it was immediately clarified,” Garcia said.

Some kids said they saw the unwritten rule already in place at school in Las Cruces. They said they didn’t like it, but they said there were only a few students who didn’t say the pledge.

“All of us over here saying it while they are just messing around,” said Anthony Renteria of Dona Ana.

They see it as a tradition, not a religious concern.

“I think it's weird because I think they don't appreciate America,” said Travis Renteria.

But others see the pledge as something they had to say, and they like the idea of an option for diversity.

“I think it's good that they have the option to sit there and say I don't feel right saying the Pledge of Allegiance in the morning,” said Justin Tripp of Las Cruces.

The Public Education Department supports saying the pledge, but it too understands and celebrates diversity. Garcia will weigh comments the next few months and make a decision in the fall.