Clearinghouse on Educational Policy and Management College of Education · University of Oregon

		Guiding Principles When Drafting a Dress-Code Policy Fortunately for policymakers considering a dress code or a school-uniform policy, others have already done the fitting and created the patterns. Just like tailored clothes, tailored dress codes fit better and are more comfortable and stylish. Each school is unique, and dress-related concerns vary from school to school, district to district. One-size-fits-all dress codes solve nothing and usually end up annoying almost everyone. Although one dress-code policy will not fit all schools, Christopher Gilbert offers some general principles applicable across schools that can assist administrators in formulating their own policies: School officials must adopt the Tinker standard. Experience shows that in most dress-code disputes, the courts are likely to find in favor of students unless facts exist that would reasonably lead school officials to anticipate considerable disruption of or interference with normal school activities. School officials may prohibit obscene, lewd, or vulgar clothing, but they must be careful when drafting policies that discriminate against speech on the basis of content. Administrators must be able to clearly explain why the dress-code policy was implemented and what prompted the specifics of the code. Although school officials frequently create dress codes to combat what they perceive as the presence of gangs on campus, they must not rely on vague antigang rhetoric to justify a dress code when the evidence does not bear out a threat from a gang presence. Restrictions aimed at gang-related attire must be drawn carefully to avoid being declared void because of vagueness. Students do not have a constitutional right to wear baggy pants. The courts appear more inclined to uphold rules aimed at elementary students than they do rules aimed at high-school students. The broader the ban, the more likely the courts are to uphold it. The fact that such broad categorical bans are usually passed before any problems arise demonstrates that the school was not singling out any particular students. Guidelines for Policymakers I Nathan Essex (2000) offers the following ten guidelines to assist policymakers in developing reasonable dress-code and school-uniform policies. Above all else, it is essential to involve parents, teachers, community leaders, and students. As with most school-based issues, involving all constituents is wise. If a committee consisting of all segments of the community is established and policy developed around a core of consensus, fewer objections will likely be raised later on. Make certain that the policy does not restrict religious expression. Various forms of religious expression such as wearing a head covering or a cross should be respected as long as students’ expression of their religious convictions does not infringe upon the rights of others. Provide as much flexibility as possible. If student uniforms are adopted, schools must decide whether the policy is mandatory or optional. In schools where incidents of violence or gang activity are common, a mandatory uniform policy may be defensible. Otherwise, the policy should include an opt-out provision. Protect students’ rights to freedom of expression. Students should be allowed to wear symbols that express their political or personal views on issues as long as their expression does not create a “material and substantial disruption to the educational process.” However, since the courts agreed in Bethel School District No. 403 v. Fraser that part of the school’s role is to teach civility and instill students with socially accepted values, schools are within their rights to adopt dress codes that prohibit students from wearing clothing that displays vulgar, pornographic, or racist messages; advocates discrimination or violence; or promotes the use of tobacco, alcohol, or other drugs. Provide assistance for economically disadvantaged students. School officials should ensure that acquiring uniforms or complying with dress-code requirements will not place an undue hardship on low-income families. Some schools arrange for uniform manufacturers to provide vouchers for students whose families cannot afford them; others raise funds or secure a grant to help; and others have instituted hand-me-down or swap programs. Implement a pilot program where feasible. Implementing a dress-code policy on a limited trial basis such as in a single grade or a single school within a district may reveal unforeseen problems, provide a more accurate indication of the level of support, pave the way for a gradual phase-in, or even demonstrate that a change in policy is unnecessary. A pilot program also provides school officials with an opportunity to further educate parents and students about exactly how the new policy will be put into effect. Be prepared to enforce the dress code. Administrators must ensure that any student- uniform policy or restrictive dress code is applied consistently and fairly. Consequences for failure to adhere to the adopted policy should be consistent as well. If a uniform policy has an opt-out provision and is voluntary rather than mandatory, students should not be harassed, ostracized, or penalized for choosing not to participate. Implement a dress code as a component of a school-safety program. Obviously, issues that create unsafe schools will not magically vanish simply because school officials decide that students must change what they wear to school. A change in dress codes should be viewed as one element in an overall safety program. Be sure the policy passes legal review. Before any new policy is adopted, a draft needs to be carefully examined by the school’s or district’s attorneys to make certain it is clear, appropriate, and able to withstand any potential legal challenges. If revisions in the policy are needed, a final review should occur after the changes have been incorporated. Be prepared to review and revise the policy as the need arises. If issues or conditions arise that are not directly addressed by the policy, a committee consisting of teachers, parents, students, and community leaders should meet to decide whether modifications are warranted. The committee should also engage in periodical assessments of the policy to determine if it is meeting its intended purpose. SIDEBAR Viewpoints “Elementary schools are a lot easier to implement uniforms in than in the older grades. Seventh and eighth graders are a lot more resistant.” —Ray Rivera, principal, Eastwood Knolls School, El Paso, Texas “If it means that teenagers will stop killing each other over designer jackets, then our public schools should be allowed to require the students to wear school uniforms.” —President William Clinton, State of the Union Address, January 23, 1996 “The company that we purchase our uniforms from provides coupons for children who are unable to afford uniforms. Plus, our community is so close-knit that our parents have an informal clothing bank. We don’t have enough room at the school to house one, but the parents communicate with each other, and no one is left out.” —Marie Goodrum, principal, Pinewood Elementary, North Lauderdale, Florida Guidelines for Policymakers II James Van Patten and Jerry Siegrist, following their research, suggest that a school-uniform policy ideally should: Set reasonable dress rules. Allow alternative means of expression. Give students an opportunity to transfer to other schools. Set up a specific discipline procedure and phase-in period to give students time to adjust to the policy. Consider a voluntary policy or an opt-out provision. Assist families who cannot afford uniforms. Allow dress-down days. Guidelines for Policymakers III Elizabeth Garcia and Max Madrid suggest that schools adhere to the following guidelines when creating dress codes or school-uniform policies: Policy should focus on pedagogical and school-safety concerns. Determine whether parents support a school dress code. Seek parents’ input on design of uniforms. Consider including justifications in dress-code policy, such as decreasing criminal activity, curbing gang activity, monitoring intruders. Determine whether to have a mandatory or voluntary uniform policy. Allow some variety and flexibility in the dress code or uniform policy. Be able to justify the action by demonstrating the link between a certain kind of dress and disruptive behavior. When proscribing general types of clothing, don’t refer to specific brands of clothing. Provide students with ample notice of the dress code or uniform policy. Protect students’ other rights of expression. Consider financial assistance to students unable to afford school uniforms. Do not require students to wear a particular message on a school uniform. Make the dress code flexible to accommodate students whose religious attire may be inconsistent with the school’s dress code. Uniforms should be gender-neutral. For example, a school should offer the option of a skirt or pants to females. Apply the dress code or uniform policy impartially and consistently. Strive to gather empirical evidence such as a reduction in violent incidents and student-discipline reports to establish the effectiveness of a dress code or a uniform policy. Consult the school attorney. Update the dress code on a consistent basis. SIDEBAR Sample Dress Code Here, drawn from a variety of sources, is text of a sample dress code. You have a right to choose your own style of dress and personal appearance, as long as it does not interfere with the educational process or academic decorum or endanger student health and safety or cause undue maintenance problems for the school. You are encouraged to “dress for success” as mature young adults and to make clothing choices that are consistent with our school’s mission and the learning and social environment that the administration strives to provide for all students. A dress code will be implemented, beginning January 2003, for the following reasons: To ensure the safety, health, and well-being of all students and staff. To further the school’s mission: to provide a positive learning environment that prepares students for the world of work, family, and personal advancement and fulfillment. To ensure that clothing and personal appearance do not distract others from the pursuit of their academic goals. To discourage the endorsement of alcohol, tobacco, and other drugs, and disruptive behaviors. To respect the personal beliefs and religious rights and freedoms of all students and staff. Student dress is a concern between the student and parents. Dress is a reflection of how one feels about himself/herself. Students must dress appropriately. In order to provide an atmosphere conducive to learning, all students will follow the regulations below: Students may not wear clothing with writing, slogans, pictures, or symbols that depict alcohol, tobacco, or drugs (or their manufacturers). Students may not wear clothing with writing, slogans, pictures, or symbols that depict obscenities, vulgarity, racism, mutilation of humans or animals, sex, or gang affiliation. Students may not wear immodest clothing, which includes clothing that exposes undergarments or inappropriately exposes the body (bare midriffs are discouraged). Students may not wear beach or swimming attire, or clothing generally considered sleeping attire. Students may not wear pants in a sagging manner (below the hips). Pants shall not be ripped nor extend below the heel of the shoe. Students may not wear or carry hats, caps, head wraps, scarves, bandanas, or other head apparel during the school day, unless that head apparel is part of a school’s athletic team’s uniform or part of a student’s customary religious attire. Students may not wear chains on wallets or belts, or carry cell phones, as these may pose a danger. Students shall wear shoes at all times. Students may not wear sunglasses in class. Violations of the dress code will result in the following: First violation: a verbal warning. Second violation: a written warning requiring a reply from student’s parent or guardian. Third violation: student will be required to return home and change into appropriate attire. Fourth and subsequent violations: suspension, the duration to be determined by the severity of the infraction and the student’s willingness to cooperate with school officials and adhere to the standards of the dress code. Violations of this dress code shall be treated as disruptive behavior in violation of the Student Code of Conduct. However, dress-code violations shall not carry over on the student’s discipline record to subsequent years. This dress code shall apply to students at all times when they attend school or any school-sponsored event.