Legal Question in Education Law in California

Re: dress code and peircings...

Under CA Educ Code Sec 35183(7)(b), a school district governing board may adopt a reasonable dress code policy and discipline students for violations thereof.

However, under CA Educ Code Sec 35183(7)(f), if a governing board chooses to adopt a policy, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil's parents choose not to have the pupil comply with the school policy.

With that in mind you may be able to argue that you as a parent choose to have your daughter not comply with the dress code policy and as such the school district may still be required to provide an education to your daughter and your daughter may attend school.

However, notwithstanding the above, I do not suggest that you make that argument and have your daughter attend with her piercing because there are other "catch-all" provisions whereby the school can probably discipline your daughter for her piercing because it creates a disturbance to the educational process. If she does continue to attend the principal most likely will suspend her for a violation of the dress code policy and creating a disturbance and then you will be facing a suspension appeal process and the emotional and other consequences of your daughters suspension. Under this circumstances I believe the suspension may in fact be upheld notwithstanding a parents rights to have their child not comply with the dress code policy. I suggest that you allow her to wear her piercing while away from school and have her remove the piercing while attending school. As an alternative you could perhaps have your daughter get a piercing where it is not as visible and thus not in violation of the dress code policy (navel area perhaps?).