While a dress code may seem „neutral” at first glance, a public school can violate students` civil rights by ordering the application of their dress code against certain groups of students. For example, public school dress codes that prohibit „cleavage” or „bra wearers” – or limit the length of shorts or skirts – often target girls and call for unnecessary and excessive monitoring of girls` bodies in schools. The ACLU has raised concerns about possible discrimination if a school targets the dress code that targets female students and when a school district suspends female athletes to train in athletic bras, while boys allow athletes to train without a shirt. In two State of the Union addresses, President Bill Clinton advocated uniforms in public schools, similar to those in religious schools and many public schools abroad. The number of schools that have adopted uniforms is not known, but in California, where they were first prescribed, at least 50 schools dropped their uniform requirements between 2000 and 2002. In one of the latest episodes, a viral video originally intended to teach students the dress code at Marcus High School in Flower Mound, Texas, drew sharp criticism last month for portraying only girls as rulebreakers. In St. Louis, the principal of Oakville High School is filmed apologizing to parents after telling students not to show off their bodies for fear of „disturbing” their male classmates. And a Roman Catholic school in New Orleans came under the spotlight of the internet when a Grade 6 student was forced to leave the classroom in tears for braiding hair extensions that violated the school`s hair policy. Yes.
Your school or district must obtain approval for its dress code from the school board.6 Mahanoy Area School District v. B.L., __ US __ (2021) The Supreme Court ruled that a school district could not punish a former cheerleader for an obscene social media post outside of school hours, but that didn`t completely prevent schools from regulating speech outside of school. Dress codes are typically implemented by school districts and employers to promote learning, safety, and image. While these regulations face First Amendment challenges from students, parents, and workers, courts typically support schools and employers. In this 2013 photo, Mary Beth Tinker, 61, shows The Associated Press an old photo of herself with her brother John Tinker during an interview in Washington. In Tinker. Des Moines Independent Community School District (1969), the court upheld students` right to freedom of speech under the First Amendment. Although the court`s decision upheld the students` right to express themselves through certain items they wear, the court never clarified whether this right prohibits uniforms, dress codes or grooming rules.
(AP photo by Manuel Balce Ceneta, used with permission from The Associated Press) If school officials try to punish students who exercise their rights of expression by wearing buttons, writing on nails, or protesting protest messages on shirts, they could be beaten by protected speech lawsuits or petition lawsuits. In addition, in districts that created incentives to increase participation in uniform and uniform-like voluntary dress codes, threats or actual prosecutions quickly emerged to end this alleged coercive practice. You have the right to peacefully protest against a dress code that you deem unfair or restrictive, but this does not mean that you can violate the policy or engage in other activities that are legally prohibited at school. At the same time, you cannot be punished more severely if you violate a school policy simply because you did so in protest. In one case in Rhode Island, students at Cumberland High School left school one day to protest a new dress code. Although the school had the right to punish students who left school and missed classes, they received a longer ban than if they had simply skipped classes. The state`s education commissioner ruled that it was illegal for school officials to punish students who missed a school in order to participate more harshly in a political protest than if they had missed school for other purposes. Dress codes that discriminate on the basis of gender can also have a detrimental effect on transgender students. In this regard, state educational guidelines explicitly state that students should be allowed to dress according to their gender identity. In short, if a restriction on what a student wears is really reasonable, the student`s gender should not be relevant.
Therefore, the school`s dress code should be gender-neutral. If a uniform policy or dress code is not religiously neutral and treats religious activities or practices negatively compared to secular activities, the First Amendment clause requires a school to demonstrate a narrow and compelling interest in the policy or code.16 In such circumstances, it is highly unlikely that banning the policy or code, the fact that a student wears religious clothing or clothing is constitutional. Like Kenosha County, many schools that have been in the spotlight of the internet so far this year have apologized or reduced their dress code. Click here for a handy fact sheet outlining your rights regarding dress codes and school care policies, gender identity and self-expression. Share this and our latest podcast episode with a friend! In general, schools have the right to create rules that provide their students with effective public education. Students and employees in elementary, elementary, middle and secondary schools have the right to be safe in the person. This means that the school can include in its dress code methods that promote the goals of an educational institution and prevent violent or abusive behavior. As a general rule, schools can`t stop you from wearing clothes just because they disapprove of the message that clothes convey. However, schools may prohibit you from wearing clothing with „indecent” messages or other messages that may cause disruption. Of course, students and school officials often can`t agree on what might be disruptive. For example, the RI ACLU successfully challenged the suspension of a student for wearing a rock band t-shirt with the numbers „666.” On the other hand, while the verdict may very well be different today, a Virginia court ruled more than two decades ago that a school can ban a t-shirt with the phrase „Drugs Suck” as „vulgar.” To give another example, the courts have agreed that students can wear shirts that support the Second Amendment`s „right to bear arms,” but differ as to whether taking a photo of a gun is protected. When a student arrives at school with clothing prohibited by the dress code or DOE policy: The problem is that students who already have academic difficulties will fall even further behind in class if they miss too much time to serve suspensions, change clothes, or wait for administrators to measure the length of their skirts.
Nationally, African-American girls are 5.5 times more likely to be suspended from school than their white counterparts, but it`s unclear how much of these sanctions are due to dress code issues. Students who do not adhere to the dress code may receive appropriate support, possible disciplinary interventions and responses, as outlined in the DOE Disciplinary Code, as well as appropriate adjustments to their dress. When identifying and implementing supports and interventions, the school should consider all circumstances, including but not limited to the following factors: the student`s family, home or community situation; the age and maturity of the student; whether there have been any incidents related to the dress code and what steps have been taken in advance to address them; and the student`s socio-emotional status and needs. Adrienne Dixson, a professor of educational policy, organization and leadership at the University of Illinois at Urbana-Champaign, believes dress codes can prevent students from expressing themselves.