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The Dress Code

The Dress Code. By Sherri Bohne Jennifer Tonga Tyler Pim Kallie Timothy. Dress Code Scenario

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The Dress Code

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  1. The Dress Code By Sherri Bohne Jennifer Tonga Tyler Pim Kallie Timothy

  2. Dress Code Scenario Carrie is a 7th grader in Special Education at a local Jr. High. She regularly comes to school dressed in extremely tight and reveling clothing. School administration has sent Carrie home to change her clothes many times but Carrie’s parents feel Carrie has the right to dress as she wants. These incidents are causing demands from other parents to stop Carrie’s inappropriate wardrobe. Her parents are suing the school, what should the school do?

  3. Suspension for Special Education • Maximum of ten days of suspension per school • year. • School needs to track hours spent away from • classroom learning. • Solution may be for school to have either P.E. • clothing or school t-shirt with sweat pants • available for dress code violators.

  4. Public Schools “Balancing Act” • Schools have a responsibility to ensure that dress code rules do not unduly restrict personal rights of students, as dress is viewed as a form of self expression. • Approach to dress code needs to be fundamentally fair and legally defensible. • Students attire must not materially or substantially disrupt school operations, infringe on the rights of others, create safety or health concerns or focus too much attention on a students anatomy. • Appearance must not be so extreme as to interfere with the schools favorable learning experience or atmosphere.

  5. Achilles Heel of Dress Codes

  6. Utah Code 53A-15-1101 “School Uniform” means student clothing conforming to a school uniform policy, which may include a dress code, dress of designated colors, or a reasonable designated uniform, or a particular style. A school uniform policy may not include very expensive or prescriptive clothing requirements. Utah school boards can implement school-uniform policies, But first must hold a public hearing. If 20% of the students sign a petition objecting to the policy, an election must be held to consider the revocation of the uniform policy.

  7. Supreme Court Decisions The Tinker, Spence and O’Brien cases set the stage for enforcing dress codes. Clothing may be considered speech if there is intent to convey a message and those who view it would understand the message. Non-verbal expression rising to the level of pure speech can be restricted if: The restriction is within the power of the government. The restriction furthers a substantial government interest. The government’s interest is unrelated to the suppression of speech. 4. The restriction on speech is no greater than necessary.

  8. Threshold Test from Supreme Court Dress Code Test • Does the student intend to convey a particular message? • Would reasonable observers understand this message? • Is it authorized under state law? • Does it advance an important government interest? • Does it suppress free expression? • Does it restrict free expression in a minimal fashion?

  9. “Vegans Have First Amendment Rights” In 1999, John Ouimette from Copper Hills High School, was asked to remove a t-shirt he wore to school that read, “Vegans Have First Amendment Rights”. The word “vegan” was banned by the Jordan School District board because some vegans are members of the gang, Straight Edge. Ouimette was not a gang member and claimed that veganism is a moral belief. He sought an injunction in federal court that would allow him to express his beliefs. He lost in court because the school board could prove his t-shirt could cause violence and disruption in a school setting.

  10. NRA Shooting Camp T-shirt Virginia 2003, Alan Newsom was told he could not wear his NRA Sports Shooting Camp t-shirt because it had silhouettes ofthree men holding guns. Albemarle County School board dress code policy prohibited clothing, jewelry and personal belongingsthat related to weapons. The 4th Circuit Court determined that thelanguage of the dress code would prohibit clothing and jewelry bearing the State Seal of Virginia (women holding a spear) and the mascot of the University of Virginia, holding two crossed sabers.

  11. Dress Code Scenario Conclusion • School has a well defined dress code, not broad or vague. • School has kept track of all the hours that Carrie has been sent home to change her inappropriate clothing. • School is justified in creating a disruption free learning environment. • Recommendation for school would be to implement a uniform policy to reduce future dress code violations.

  12. References Essex, N.L., (2004). Zero Tolerance and Student Dress Codes. Retrieved from www.naesp.org October 1, 2013. Hudson, D.L., (2002). Clothing, Dress Codes and Uniforms. Retrieved from www.firstamendmentcenter.org October 1, 2013. Killen, R., (2000). The Achilles’ Heel of Dress Codes: The Definition of Proper Attire in Public Schools. Retrieved from http://digitalcommons.law.utulsa.edu October 1, 2013.

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