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Maine school sued for allegedly barring Pledge of Allegiance for 2 years

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A school district in Maine has had an apparent change of heart after a lawsuit filed by a son-son duo last month alleges it does not allow high school students the opportunity to say the Pledge of Allegiance in classrooms.

The Portland Press Herald first reported last month that Christopher Hickey filed a lawsuit on behalf of his 10th-grade son, Clayton, alleging the Falmouth School Department in southern Maine violated a longstanding district policy and state template, which requires students to read the Pledge of Allegiance every day.

According to the lawsuit, this promise was common in both elementary and middle schools, while high school students did not participate in the practice for two years.

School district leadership told Fox News Digital that families are “encouraged” to come forward with questions and concerns about the district’s policies, saying the Pledge of Allegiance is an optional student option at Falmouth High School.

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Maine’s school policy states that the 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. “Since this issue has been brought to our attention, we have taken steps to provide an opportunity during school for students who wish to say the Pledge of Allegiance to do so at the specified time.

Statute §4010 states: “The school administrative unit shall allow every student enrolled in the administrative unit of the school an opportunity to say the Pledge of Allegiance at a time during the school day when the student is required. The school administrative unit may not require the student to say the Pledge of Allegiance.”

The school policy states that the American flag will be flown on school grounds during school days in addition to being visible in all classrooms.

“Furthermore, an opportunity must be provided, on school days that students must attend, for students and staff to say the Pledge of Allegiance,” added the policy.

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King Middle School

The lawsuit alleges that the pledge was common in elementary and middle schools, but not for high school students two years ago. (Derek Davis/Portland Press Herald via Getty Images)

Hickey’s lawyer, Jack Baldacci, wrote in a statement to the Press Herald that although Nolan wants to handle the matter without taking legal action, they do not think this change could have been made without filing a lawsuit.

“The district has had ample time to correct these long-standing violations on its own and has failed to do so,” Baldacci wrote. “We are pleased that the district is now in compliance, and we hope this marks the beginning of a renewed commitment to the strong civics education that every student deserves.”

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A teacher holding an American flag in a classroom with students

A teacher holds an American flag in the classroom. (Stock via Getty Images)

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Baldacci did not immediately respond to Fox News Digital’s request for comment.

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The case continues.

The U.S. Department of Education did not immediately respond to Fox News Digital’s request for comment.

Fox News Digital’s Rachel Wolf contributed to this report.

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