-Caveat Lector-

http://www.boston.com/dailynews/355/region/Newton_sued_over_lack_of_flags:.shtml

''They would raise the flag, say the Pledge of Allegiance and then go to
class,'' said Welch. ''It was something that I wanted to try to make an
option for everybody if they wanted to do it. It wasn't something that we
forced kids to do.''

By Denise Lavoie, Associated Press, 12/21/2001 17:25
BOSTON (AP) When Principal Michael Welch first started at Newton South
High School, the flagpole in front of the school was empty.

Welch formed a voluntary ''patriotism committee'' to encourage students to
raise the American flag and say the Pledge of Allegiance each day before
classes started.

But that's not enough, according to a lawsuit that claims the Newton
school system is violating a state law requiring a flag in every classroom
and a daily recitation of the Pledge of Allegiance.

The suit seeks $20,300 in fines for violating the law for at least the
last four years.

''We want them to abide by the law and we want a school policy on where
the flags will be hung,'' said Jackie Morrissey, one of two city residents
who filed the lawsuit.

''We are not saying that everybody has to salute the flag, but ... it
represents everything that this country is about the freedom. That's why
this is important.''

Morrissey, who hosts a cable television talk show in the city of 84,000
just west of Boston, said he sued after years of hearing from veterans and
students who complained that there were only a handful of flags in the
schools and no real policy on reciting the Pledge of Allegiance.

The law requires that a flag be displayed in each classroom and assembly
hall or ''other room ... where the opening exercises on each school day
are held.''

It also says, ''Each teacher at the commencement of the first class of
each day in all grades in all public schools shall lead the class in a
group recitation of the 'Pledge of Allegiance to the Flag.' ''

Welch was unaware of the law when he took the job at Newton South a little
over a year ago. When he noticed the school's empty flagpole, he got a
flag and formed a committee of students to be responsible for raising the
flag each morning.

''They would raise the flag, say the Pledge of Allegiance and then go to
class,'' said Welch. ''It was something that I wanted to try to make an
option for everybody if they wanted to do it. It wasn't something that we
forced kids to do.''

Since learning about the law, Welch has also ordered enough flags for each
of the school's classrooms. They will be put up next week, while students
are away for the holidays, Welch said.

Welch said the school plans to continue to offer students the chance to
say the Pledge of Allegiance outside near the flagpole, but not inside
every classroom.

School system attorney Dan Funk said school officials ordered 300 flags
soon after receiving a letter of complaint in October from Brenda Loew,
the other Newton resident who sued.

The claims made in the suit could soon become ''moot'' because school
officials now have enough flags to put one in every classroom and expect
to be in full compliance with the law within the next week or two, Funk
said.

Morrissey, however, said the schools will not be in compliance until they
make sure every teacher leads a recitation of the Pledge of Allegiance
each day.

Funk said there has been controversy over that portion of the law.

In 1977, the state Supreme Judicial Court ruled that making recitation of
the pledge mandatory was unconstitutional. However, the state Legislature
later voted to require daily pledges. Former Gov. Michael Dukakis vetoed
the bill, but the Legislature overrode his veto.

Funk said Newton schools are in compliance with the law.

''The pledge is not an issue in the schools. It's routinely recited; it's
just not required,'' he said. ''How can we be in violation of a statute
that part of which has been ruled unconstitutional?''

Jennifer Huntington, principal of Newton North High School, said the
school recently received additional flags so that there is now one in
every classroom. She said the Pledge of Allegiance is said at 7:45 a.m.
each day in the English and Social Studies office, just before school
starts.

''They can go there to say it if they want to,'' Huntington said.

But Morrissey thinks schools make it difficult for students who want to
say the pledge.

''They do everything in their power to be un-American,'' Morrissey said.




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