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school climate. Students in a middle school with a uniform policy had a significantly My Notes higher perception of their school’s climate than did students in a school without a
uniform policy (Murray 1997).
Student reactions range from delight at not having to decide what to wear to displeasure at looking like a “nerd.” It is important, therefore, to include students as well as parents in the uniform-selection process.
What Legal Issues Are Involved?
To date, most legal challenges to dress-code policies have been based on either
(1) claims that the school has infringed on the student’s First Amendment right to free expression or (2) claims under the Fourteenth Amendment that the school has violated the student’s liberty to control his or her personal appearance (Paliokos and others 1996).
FIRST AMENDMENT CLAIMS. The clash between students’ rights of free expression and the responsibility of public-school authorities to provide a safe learning environment is the central issue in the debate over dress-code policy.
In developing a ban on gang-like attire, whether through implementing a dress- code or a school-uniform policy, administrators should ask: (1) Is there a direct link between the targeted attire and disruption of the school environment? and (2) Is the prohibition specific enough to target the threatening attire without infringing on students’ rights? (Lane and others 1994).
“Any dress restriction that infringes on a student’s First Amendment rights must be justified by a showing that the student’s attire materially disrupts school operations, infringes on the rights of others at the school, or otherwise interferes with any basic educational mission of the school” (Grantham 1994).
To defend its action if challenged in court, a state must carefully define its interest when authorizing school districts to implement mandatory uniform policies. Policy- makers must be able to document that a problem exists (Paliokos and others).
LIBERTY CLAIMS. Most challenges claiming a violation of the liberty interest have dealt with restrictions on hair length. Courts have been evenly split on whether a liberty interest exists. “Most courts that uphold the restrictions give the policy a presumption of constitutionality and place the burden on the defendant to show it is not rationally related to a legitimate school interest.... Those courts that strike down such regulations have found that schools impose unnecessary norms on students” (Paliokos and others).
What are Some Guidelines for Implementing Policies?
Lane and others offer the following advice to policy-makers: Before implementing a dress-code or school-uniform policy, be able to justify the action by demonstrating the link between a kind of dress and disruptive behavior; consult with a school attorney; and make sure the policy is enforceable and does not discriminate against racial/ethnic minorities.
In regard to uniforms, Paliokos and others recommend that policy-makers address three key questions: Are the requirements legally defensible? Do they actually restore order? Are less restrictive dress codes a better alternative? For example, policy-makers can consider five alternatives ranging from least to most restrictive:
1. Do not institute a dress code.
2. Institute a dress code that outlines general goals, and let principals and local school officials formulate and implement policy at the grass-roots level.
Writing Workshop 5 • Response to Expository Text 11
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