STUDENT RIGHTS
and
School Dress Codes and Uniforms.
These pages provide general information on School Dress Codes and uniforms.
Also included is information on the school dress code protest in Santa Barbara, California.
School Dress Codes and Uniforms:
General information on dress codes and Student Rights with links to law cases, articles and sites.
See these excellent School Dress Code sites and support these families in their struggle for constitutional rights:
http://www.gate.net/~rwms/Uniform.html
Please follow this link to see the posts concerning the School Dress Code Protest in Santa Barbara, California.
The infamous Santa Barbara, California School Dress Code:
On July 30, 1997 the Board of Education of the Santa Barbara Elementary and High School Districts (Santa Barbara, California) considered enacting a new, stricter dress code for the secondary schools. According to Board minutes, the code proposed by the "district staff and site principals" was very strict and apparently even prohibited the wearing of "religious pride" articles. This was objected to and removed from the proposed code because it "fringes (sic) on first amendment rights." The Board placed the new dress code on the agenda for it's August meeting.
On Wednesday, August 27, 1997 at 7:00 p.m. the School Board met. At that meeting the Board voted to enact the new Dress Code which will apply to all high schools, junior highs and middle schools in the District. The new code is very strict and also very vague and bans any symbol which is considered "inflammatory."
Many students and parents came to the August 27, 1997 School Board meeting to object to the new dress code. Twenty people asked to address the board to object to the new code. We gave a petition to the board with the signatures of nearly one hundred students and parents opposed to the code. These signatures were obtained in only two days. There were no speakers who addressed the board in favor of the dress code. The Board members and staff also mentioned that they also have received many letters and phone calls objecting to the new dress code.
Because of the strong objections from parents and students, the Board made the following statements of policy and changes in the new Dress Code:
During the first semester a student will not be disciplined for violating the new dress code.
During the first semester the board will consider modifying the dress code and ordered the staff to set up a procedure to allow student input regarding possible modifications.
The part of the draft code regarding shoes was completely removed.
The board said the ban on caps and other headcoverings would "obviously" not be applied to students who wore these items for religious or health reasons.
The Board members made many statements about how the new dress code should be enforced in a "reasonable" way and based on "common sense."
This was a major but only partial victory for the many people who strongly object that the new school dress code is still unreasonable and violates a student's Constitutional Rights.
We still object to the dress code for the following reasons:
The dress code was written without any serious opportunity for student and parent input.
The dress code violates California and Federal laws protecting student rights of speech, expression and religious practice because important parts are still vague and do not provide written exceptions for constitutionally protected expressions of opinion and belief. For example:
The dress code states that clothing and personal items " shall not bear any symbol or insignia that is inflammatory." That language is vague and violates student's rights to engage in protected speech and expression.
The dress code bans wearing clothing which represents any group, organization or philosophy which "has any history of violence." That language is vague and violates student's rights to engage in protected speech and expression.
The dress code states that clothing is unacceptable if it "detracts in any way from the educational mission of the school's instructional program." That language is vague and violates student's rights to engage in protected speech and expression.
The dress code states that "teachers may impose more stringent dress requirements to accommodate the special needs of certain ... classes." That language is vague and violates student's rights to engage in protected speech and expression.
The dress code states that hats, caps and other head coverings are banned in junior high/middle schools. There is no specific, written exception to protect the rights of students who wear caps or other head coverings because of their religious beliefs, such as Jewish boys and Muslim and Hindu girls, or students who must wear such items for medical or health reasons.
The dress code is still unreasonable because it bans many items, designs and styles of clothing which are not a health or safety hazard and cannot reasonably be shown to cause a substantial disruption of school activities.
Santa Barbara News Press Editorial
The daily newspaper in Santa Barbara, The Santa Barbara News Press has published two front page articles on the new school dress code. Also, on August 31, 1997 the Santa Barbara News Press Sunday Edition editorial was about the new dress code.
The editorial gave the positions of both sides. But the editors AGREED with us on MAJOR points we have been trying to make. This is part of what the paper said in the editorial:
"Of course there is fierce opposition to these new standards. We understand and are sympathetic to some of the misgivings that exist. Limitations on personal expression should never be accepted lightly."
"Clothing is certainly one of the primary outlets for expressing oneself at any age, but particularly at school age. And while it has been established that schools can and must have the power to promote the good order in which education can take place, that authority must be balanced against reasonable personal liberty."
"Students do not lose all their rights at the schoolhouse door. In this instance we share a concern that teachers or administrators may go overboard on ambiguous parts of the policy."
"Is any color associated with a gang unacceptable, for example? How about vulgarity? What is vulgar to one person is often appropriately amusing or delightfully flippant to another. What about political speech? Would a T-shirt condemning someone else’s beliefs be regarded as profane or likely to incite violence? By entering into the arena of passing judgment over what clothing says on it, the school board invites the opportunity for inconsistent and indefensible rulings. Further, it creates the risk of turning teachers and administrators into fashion police."
Students were ignored when they made these same points at the school board meeting. The SBNP newspaper editors agree with these major points. This obviously shows that students have been thoughtful and reasonable in their objections to the dress code.
Be sure to read the Dress Code Protest Posts for an interesting history of the dress code protest.
Also, information on Student Rights has been posted with links to law cases, articles and sites.
* Violate school dress code, go to JAIL!!!!
A school Superintendent wants to seek CRIMINAL CHARGES against
parents who send their children to school out of uniform!!! Read about this
absurdity at
http://www.theledger.com/local/local/15unif.htm
http://www.gate.net/~rwms/Uniform.html
Thanks for visiting.