Legal Question in Education Law in Texas

Should the school system be allowed to force Student Dress Codes for 2nd Grade t

How can you have a dress code in the school system for 2nd through 8th grade but not for Pre-K, 1st grade or high school. This is a town of under 10,000 people. we have no gang problems. The only response I can get from the School Board is that they like the dress code. Yet the teachers I have talked with do not understand why the dress code is in place. All the Dress codes have the same 1st paragraph, the dress code is in place in order to promote learning, teach respect for authority, provide for a possitive learning environment, etc. Yet, the flowered dress that my daughter wore in 1st grade, is now banned in 2nd grade. So the very same paragraph that supported her wearing the flowered dress in 1st grade, now supports the opposite. Once they enter into 2nd grade they are only allowed to wear solid colors until they get into high school. Then they are allowed to wear patterens again. Thank you for your consideration.


Asked on 1/18/03, 12:59 am

1 Answer from Attorneys
Gerald Moton Law Office of Gerald C. Moton

Re: Should the school system be allowed to force Student Dress Codes for 2nd Gra

Generally, a school district may adopt a reasonable dress code for students but must provide for religious exemptions as well as funding for economically disadvantaged students. The courts have upheld dress and grooming codes as against constitutional attack by students for example, that such codes violate a student's constitutional liberty interest) as long as there is a relationship between the dress code and a legitmate shool purpose (for example, a desire to prevent disruption of the eductional process). Of course, what is "reasonable" or "rationally related" is in the eye of the beholder, and why, we elect school boards, and have courts. As a general matter, the courts are not inclined to "micro-manage" schools and may well defer to your elected school board.

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Answered on 1/18/03, 2:06 pm


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