Dress Code in Public Schools

2. Dress Code in Public Schools What can you wear? Or, What can’t you wear?

3. DRESS AND APPEARANCE per Colorado Springs Board of Education Student appearance is expected to be acceptable for a K-12 educational environment. Any clothing accessories, or body adornments that interferes with or disrupts the educational environment are unacceptable. Clothing should fit, be neat and clean, and conform to standards of safety, good taste, and decency. Acceptable footwear is required to be worn at all times. Parents of students requiring accommodation for religious beliefs, disability, or other good cause should contact the principal. Examples of clothing, accessories, or body adornments that are not acceptable are items which: • contain language or images that are vulgar, discriminatory, or obscene, • promote illegal or violent conduct, such as the unlawful use of weapons, drugs, alcohol, tobacco, or drug paraphernalia, • contain perceived threat such as gang symbols • expose cleavage, private parts, the midriff, or undergarments or that is otherwise sexually provocative • are considered sleepwear, • are headwear, • are sunglasses, • tank, tube, halter tops, spaghetti straps, strapless or backless clothing. Dresses, skirts, shorts, or tops worn over stretch pants or hose not reaching at least mid-thigh. • NO garment should be worn too tight and or higher than the fingertips. • Pants, skirts or shorts worn below intended waistline or inside out, and boxer shorts. • Jewelry or accessories that may be used as a weapon (e.g. two or three finger rings that are joined, chains, oversized necklaces).

4. Acceptable athletic clothing may be worn in physical education classes. Please see P.E. teachers for their policy regarding clothes worn in their classes. Clothing normally worn when participating in school sponsored extracurricular or sports activities may be worn during normal school hours with prior approval from the Principal. The Principal of any school may establish additional guidelines for its own students. If a school chooses to adopt guidelines, the principal is encouraged to include students, parents, and faculty in the formulation of those guidelines. Guidelines must ensure that the dress code does not single out or discriminate against religious expression or any other protected right. Students and parents shall be informed of the existence of the dress code, any guidelines, and consequences for violations at the time of initial enrollment and at the outset of each school year. Any student who comes to school without proper attention having been given to their appearance, which includes cleanliness, in violation of this policy may be asked to cover the non-complying clothing, disciplined, sent home to be properly prepared for school, and required to prepare himself or herself for the classroom before re-entering school. Students who violate this policy in a continuing or flagrant manner may also be recommended for suspension and/or expulsion. See File: JK and JK-R. Final determination of appropriate dress is at the discretion of the administrator.

5. The 2012-2013 D11 Dress Code:

9. Does Alan Newsome’s shirt violate the dress code? • “Messages that relate to . . . weapons” • “Promote . . .the unlawful use of weapons”

10. Do these violate a “weapons” clause in a dress code?

11. The Court uses a two part test: • Did the student intend to convey a particular message; and • Would reasonable observers understand the message?

12. Do students have a constitutional right to “sag”? • A federal court in New Mexico said no. • Sagging does not “convey a particular message” • It’s merely a fashion trend

13. What about hats? • There has never been a successful challenge to the hat dispute • The only exception is for religious headwear

14. A dress code is constitutional if it: • “Is authorized under state law • Advances an important government interest (safety in schools) • Is not related to the suppression of free expression (undifferentiated fear) • Only incidentally restricts free expression in a minimal fashion”

15. What if the clothing displays vulgar or lewd material? • Federal district courts have ruled that schools can prohibit such clothing • What case? • Fraser!

16. Most of the time, schools win. • Dress codes banning the Confederate flag have been upheld • For this case, the court weighed whether the school has had incidents of racial tension

17. Sometimes, students win too. • A federal judge ruled in favor of student Bretton Barber because the school had silenced Barber’s expression “more out of dislike . . . than fear it might disrupt school.”

18. Political expression • Is more protected than any other expression • What case? • Tinker!

19. What about hair? • Courts are divided on this • Color is more the current issue (rather than length). • Courts recognize that students can change their clothes more readily than their hair.

20. The Bottom Line: • The Supreme Court has not yet ruled on dress code, so laws still vary around the country. • And, courts tend to avoid telling school districts what to do, so most school policies are relatively safe and constitutional.