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A school district in Maine has had an apparent change of heart after a lawsuit filed by a father-son duo a month ago claimed it did not allow high school students the opportunity to recite the Pledge of Allegiance in classrooms.
The Portland Press Herald first reported last month that Christopher Hickey filed the suit on behalf of his 10th-grade son, Clayton, alleging the Falmouth School Department in southern Maine was violating a long-standing district policy and state statue, requiring that students recite the Pledge of Allegiance daily.
According to the lawsuit, the pledge was a regular occurrence in both the district’s elementary and middle schools, while students in the high school did not participate in the ritual for two years.
Leadership for the school district told Digital that families are “encouraged” to come forward with questions and concerns about the district’s policies, saying the Pledge of Allegiance is an option for students that can be recited at Falmouth High School.
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The Maine school’s policy says that an American flag must be visible in every classroom. (Adam Glanzman/Bloomberg)
“At Falmouth High School, students are welcome to say the Pledge of Allegiance if they choose,” Falmouth Schools Superintendent Steve Nolan said in a statement Wednesday. “Now that this matter has been brought to our attention, we have taken steps to provide an opportunity during the school day for students who wish to say the Pledge of Allegiance to do so during a designated time.”
Statute §4010 states: “A school administrative unit shall allow every student enrolled in the school administrative unit the opportunity to recite the Pledge of Allegiance at some point during a school day in which students are required to attend. A school administrative unit may not require a student to recite the Pledge of Allegiance.”
The school’s policy says that an American flag will be flown on school grounds on school days in addition to having it visible in every classroom.
“Furthermore, an opportunity must be provided, during the school days for which students are required to attend, for students and staff to recite the Pledge of Allegiance,” the policy added.
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The lawsuit alleges that the pledge was a regular occurrence in both the district’s elementary and middle schools, but not for students at the high school for the last two years. (Derek Davis/Portland Press Herald via Getty Images)
Hickey’s attorney, Jack Baldacci, wrote in a statement to the Press Herald that despite Nolan’s wish to handle the matter without legal action, they do not think the change would have been made without filing the suit.
“The district had ample time to correct this longstanding omission on its own and failed to do so,” Baldacci wrote. “We are glad the district is now complying, and we hope this marks the beginning of a renewed commitment to the robust civic education every student deserves.”
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A teacher holds an American flag in a classroom. (iStock via Getty Images)
According to a 2024 survey conducted by the U.S. Chamber of Commerce Foundation, 70% of registered voters did not pass a general civics test, including questions which asked how many Supreme Court justices there are.
Baldacci did not immediately respond to Digital’s request for comment.
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The lawsuit is ongoing.
The U.S. Department of Education did not immediately respond to Digital’s request for comment.
Digital’s Rachel Wolf contributed to this report.
