School Dress Policy

Do school dress policies interfere with students constitutional rights?

Jaclyn MoranPhilosophy, Ethics, and TeachingSummer 2012

Uniforms or Dress Codes?

In 2009–10, about 19% of public school principals reported that their school required students to wear uniforms, an

increase from 12% in 1999–2000 (According to NCES)

History Supreme Court Case ruling (1969)

Tinker v. Des Moines Independent Community School District

In 1968, a group of adults and students in Des Moines, Iowa, wore black armbands to school to publicize their objections to the hostilities in Vietnam.

The Supreme Court ruled in favor of the students and stated, “in order for the state in the person of school officials to justify prohibition of a particular expression of opinion, a student must engage in a forbidden conduct that would ‘materially and substantially interfere with the requirements of appropriate discipline in the operations of the school.’” (“Tinker v. Des Moines, 1969)

1996 State of the Union Address

“I challenge all our schools to teach character education, to teach good values and good citizenship. And if it means that teenagers will stop killing each other over designer jackets,

then our public schools should be able to require their students to wear school uniforms” (Clinton, 1996)

In the Courts Byars v. City of Waterbury, 2001

Freeman v. Flake, 1971

Bivens ex rel. Green v. Albuquerque Public Schools, 1995

Olesen v. Board of Education of School District 1987

(Julka, Lewis & Verstegen, 2004)

School UniformsPros

Help prevent gangs from forming on campus

Encourage discipline

Help students resist peer pressure to buy trendy clothes

Help identify intruders in the school

Diminish economic and social barriers between students

Increase a sense of belonging and school pride

Cons

Violate a student's right to freedom of expression

Are simply a Band-Aid on the issue of school violence

Are a financial burden for poor families

Are an unfair additional expense for parents who pay taxes for a free public education

Are difficult to enforce in public schools

First Amendment Arguments

• Example of a Supreme court “dress code” ruling that references Amend. 1

• Sypniewski v. Warren Hills Regional Board of Education

Bill of Rights Amendment 1“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

Dress Code and Uniform Costs

Students are at an age when growth is ongoing and it is necessary for parents to frequently purchase larger sizes.

Uniform costs can sometimes be higher than costs of traditional clothing.

A Port Washington, N.Y.-based NPD Group estimated in 2000 that uniform sales accounted for 5 percent of the children's clothing market, or $1.1 billion (Veron, 2012 )

References Clinton, President William Jefferson. (1996, January). State of the

Union Address. Speech presented at the U.S. State of the Union, Washington, D.C.

Julka, M. J., Lewis, S. R., & Verstegen, R. F. (2004). Student dress codes. Principal Leadership, Retrieved from http://www.nassp.org/portals/0/content/48264.pdf

Supreme Court of the United States, (1969). Tinker v des moines independent community school district (393 U.S. 503). Retrieved from website: http://scholar.google.com/scholar_case?case=15235797139493194004&hl=en&as_sdt=2&as_vis=1&oi=scholarr

U.S. Department of Education, National Center for Education Statistics. (2012). Indicators of School Crime and Safety: 2011 (NCES 2012-002), Table 20.1.

Verdon, J. (2012, July 27). What's cool for school? uniforms. The Chicago Tribune. Retrieved from http://www.chicagotribune.com/business/sns-mct-whats-cool-for-school-uniforms-according-to-20120727,0,1344963.story