Complaint to U.S. Department of Education, Office of Civil Rights.

U.S. DEPARTMENT OF EDUCATION

OFFICE OF CIVIL RIGHTS

Complainant:

Rev. Ozie Lee Hall, Jr., PresidentPitt County Coalition for Educating Black ChildrenPost Office Box 1699Winterville, NC 28590Telephone: (252) 520-3397

Person or Class of Persons Injured:

~ age 17 (see attached parental consent), an ANcan American (Black) female

student attending school in the Pitt County School District, and other African American (Black)

students similarly situation throughout the Pitt County School District are the victims of the

alleged discrimination.

Name and Location of Institution that Committed the alleged discriminatory acts:

Pitt County Board of EducationPitt County School District1717 W. 5th StreetGreenville, NC 27834

Description of the Alleged Discriminatory act(s):

On or about January 4, 2010, and on other occasions, an African American (Black) 17

year old honors student, ~ a 12th grade student at J. H. Rose High School, 600

W. Arlington Blvd., Greenville, NC 27834, was punished by school officials for dress code

violations that resulted in her missing classroom instructional time.

On information and belief, African American students, are disproportionately losing

valuable instructional time throughout the school district by being placed on in-school or out of

schoo! suspension or being otherwise denied the opportunity to participate in classroom

Complaint to U.S. Department of Education, Office of Civil Rights.

instruction due to dress code violations. African American students at J.H. Rose Hig~h School

and t:~oughout the district are being disproportionately denied participation in extracu~lcular

activities as a result of dress code violations.

The actions of the Pitt County Board of Education in adopting and implementing the

dress code policy disproportionately causes the loss of inst~actional time to African American

students and consequently increases the rate of student suspensions, school dropouts, low SAT

scores, and adversely contributes to the approximately 30 point achievement gap between Black

and White stu’dent~. The Pitt County Board of Education knew or slaould have known that their

dress code policy would and is adversely impacting African American students.

On or about June 1, 2009, the Pitt County Board of Education adopted Policy No. 10.209

(Attached hereto and hereby incorporated by this reference) known as the "School Uniform and

Appearance Policy." The policy requires students to wear school uniforms. The Pitt County

Board of Education identified the following as pa~ of the purpose of the policy:

(a) Help minimize disruptive behavior.

(b) Promote respect for oneself and others.

(c) Build school/community spirit.

(d) Help maintain high academic standards.

(e) Help lessen th~n~p~et’~oei~onomic differences.

(f) Encourage students to concentrate on learning rather than on what they are wearing.

This policy was adopted, with a White majority of the Pitt County Board of Education,

based upon subjective views about Black students, the way Black students dress, erroneous

beliefs about street gangs, and a negative view of Black culture in general. The policy was

Complaint to U.S. Department of Education, Office of Civil Rights.

designed and intended to target Black students who constitute the majority of Pitt County

Schools’ students.

The N.C. Constitution established a free pubIic education system. N:C. Const., Article

IX,, Section 2. (1). This dress code imposes upon African American students, whom are about

twice as likely to live below the official poverty ievel, what is tantamount to an illegal tuition to

attend a free public school. J (The typical family is required to expend approximately $250 to $350

per year to conform to the Dress Code Policy. If students do not pay they are denied their right

to attend school. It is also reported that clothing stores that are promoted by Pitt County

Schools made some charitable contributions to the school district.). The dress code policy does

not have a voluntary nature. It is mandatory.

Since the adoption and implementation of Policy No. 10.209, "School Uniform and

Appearance Policy" also known as the "Dress Code Policy," Black students have been targeted

for dress code violations by school officials. It is widely reported that White students dress

codes violations are often overlooked or addressed in a manner which result in minimal or no

loss of instructional time to the student. For example, it is reported that many White students

with unpermitted logos on their clothing are given tape to cover them or granted permission to

wear it for the day.

School officials are engaging in the roundup of students; going from classroom to

classroom to find students with dress code violations (no matter how minor). The st~adents are

removed from class and sometime suspended from school for minor violations that were not

noticeable to teachers, did not disrupt the school, and had no adverse effect on instruction.

Pitt County Board of Education ’s practice is similar to the Poll Tax that was used in the past to illegally deny Blacks the rightto vote. In this case the Dress Code policy denies Black Children the right to a free public education.

Complaint to U.S. Department of Education, Office of Civil Rights.

Pitt County Board of Education knows or should know that the Dress Code poticy

requires parents to expend, on the average of $250 to $350 dotlars per year per student, for

purchasing clothing to allow students to attend public school. Pitt County Board of Education

knows or should l~now that the Dress Code policy unduly burdens African American (Black)

students that are disproportionately represented in poverty. Pitt County Board of Education

i~nows or should know that African American (Black) students’ education is being adversely

impacted by this Dress Code policy that was adopted in the first ptace because of the Pitt County

Board of Education’s disdain for Black cuIture.

African American students are being adversely impacted by this Dress Code policy in

every school in the Pitt County School District. This Dress Code Poticy has failed to f~alfiti its

purpose. The policy has increased disruptive behavior by creating a new class of offenses; it

red’aces respect by showing poor judgment of school officials to disrupt students education over

minor clothing issues; the policy diminishes school/community spirit (the uniforms are not a

symbol of school pride); high academic standards are diminished because the message to

students is that the public school is more interested in how students are dressed than academic

instruction; the policy does little to impact socioeconomic differences because the school

uniforms can be and are purchased in higher quality by those who can afford it; and finally the

students do not concentrate on learning rather than on what they are wearing because the policy

has heightened interest of student about what they can wear. Black students that have never been

in trouble their entire time in school are now developing student discipline records because of

tihis Dress Code Policy.

4

Complaint to U.S. Department of Education, Office of Civil Rights.

THEREFORE, the Complainant hereby request that the U.S. Department of

Education, Office of Civil Rights open an investigation into ti~e discNminatory practices of ti~e

Pitt County Board of Education and take appropriate action to stop the discriminatory practices.

This the 24th day of February, 2010.

Respectfully submitted,

Rev. Ozie Lee Hall, Jr., PresidentPitt County Coalition fbr Educating Black ChildrenPost Office Box 1699Winterville, NC 28590Telephone: (252) 520-3397

Complaint to U.S. Department of Education, O~ice of Civil Rights,

AFFIDAVIT OF CONSENT

!, JANINE WILLIAMS, aN: the parent and x%,al guardian of~ a

17 year oid student in tlne Pitt County School District that attends J. H. Rose High Schoot. After

being first duly affirmed according to law to hereby state the following:

i. I have made compiaint to the Pitt County Coalition for Educating Biack Chiidren

regarding discriminatory treatment of my daughter by Pitt County School Officials.

2. I have given and hereby give my conser;~ to make this complaint to the U.S. Department

of Education, Office of Civil Rights on behalf of myself and ray daughter.

t have reviewed the complaint an beIieve it to be true and accurate to the best of my

inforrnation and belief.

This ~ ~ ~ay of February, 2010.

WILLIAMS

SWORN TO AND SUBSCRIBED BEFORE ME NOTARY PUBLIC OF THE STATENORTH CAROLINA, ~ ~f-f- COUNTY. THIS THEDAY OF_ ~’~!~f-’l_~C~:~ (~ ,20!0.

NOTARY PUBLIC

My Commission Expires:

Effective for the 10 $choo Year

PITT COUNTY BOARD OF EDUCATIONAdopted: June !, 2009

POLICY 10.209Page 1

SCHOOL UNIFORM AND APPEARJ~NCE POLICY

Purpose

The Pitt County Board of Education believes a safe and disciplined learningenvironment is the first requirement of a high performing school. Theimplementation of school uniforms will help minimize disruptive behavior,promote respect for oneself and others, build school/community spirit, and, moresignificantly, help to maintain high academic standards. The Board also feels thatwearing of uniforms by students will help lessen the impact of socioeconomicdifferences. In addition, it allows for identification of intruders on campus andencourages students to concentrate on learning rather than on what they arewearing.

tt. Information Dissemination

On a yearly basis, school officials will communicate with parents/guardiansinformation concerning the uniform policy by using one or more of the following:newsletters, parent forums, PTA meetings, Parent Advisory Council meetings,TV and radio announcements, flyers and posters.

Appearance

!n addition to being required to wear school uniforms, all students are to begroomed and dressed appropriately for school and school activities. A student’sdress and/or appearance shall:

1. Support, not disrupt, the learning environment2. Constitute no threat to health or safety3. Be tasteful and unable to be construed as provocative or obscene4. Reflect practices of good hygiene and cleanliness

tV. Reasonable consideration shall be made for those students who, because of asincerely held religious belief or medical reason, request a waiver of a particularguideline for dress or appearance. The waiver request shall be in writing fromthe parent or guardian and approved by the principal and/or principal’s designeeon an annual basis. In considering a waiver request, the principal and/orprincipal’s designee have the right to request additional documentation frommedical officials and/or religious leaders.

Reasonable accommodation shall be made by the principal for studentsinvolved in special duties, activities, or projects approved by the school. Thiswould include but not be limited to athletics, career and technical education, P.E.

Effective for the 2 ) )9-2919 Schoe] Year

PITT COUNTY BOARD OF EDUCATION POLICY 10.209Adopted: June I, 2009

IPage 2

classes, special events, and other activities that require non-conforming dress ona school campus during a school-sponsored event.

Financial Considerations

Parents and/or guardians who have concerns about the affordability of a schooluniform should contact the school social worker. The social worker wi!l assist thefamily with identifying community resources. The school system will not beresponsible for funding uniforms for any students.

School Uniform

The principal and!or principal’s designee will implement the school uniform andappearance policy in a manner that is age and developmentally appropriate.

Good judgment in considering issues such as age, developmental stages, andbody type are expected of all students, parents, and guardians in the selection ofschool attire and appearance. The manner of a student’s wear of the schooluniform shall be neat, clean, properly fitted, age-appropriate and suitable for thelearning environment.

Requirements

A. Shirts

Shirts must be solid white, black, navy, or up to two additional colorsdesignated by the individual school (see PCS School Color Chart).

Students must wear long or short-sleeved shirts with a collar. Shirtsmay have one or two chest pockets.

o

With the exception of school approved Iogos, shirts may not haveinsignias, iogos, labels, words, or pictures. Shirts with schoolapproved logos must have collars.

Shirts must be appropriately sized and tucked in unless the shirt isdesigned for outside wear and is no longer than 3 inches below thenatural waist.

Shirts shall be long enough to cover the midriff when sitting orstanding. Furthermore, shirts must cover the chest and back so thechest and the back of the body are not inappropriately exposed.

Effective for the 2Q )9-2Q1Q Schoo]i Year

PITT COUNTY BOARD OF EDUCATION POLICY 10.209Adopted’ June 1, 2009 Page 3

o

B. Pants,

Undergarments may not be visible at any time. However, studentsmay wear T-shirts under collared shirts which are plain white, black,navy, or one of the additional designated school colors (see PCSSchool Color Chart).

t,,e body o~- wiil revealNo see-through or mesh clothing that wi reveai ’~,undergarments shall be allowed.

Clothing shall be worn appropriately (correctiy sized; not inside-out orbackwards; no rolled up pants legs, etc.).

Skirts, Sko¢cs, Jumpers, Capri Length Pants, Shorts

Colors: solid khaki, black, or navy.

Solid unfaded black or khaki jeans are permitted. However, no bfuejeans are allowed.

Must be free of graphics and embroidery. With the exception of smalllabels, they may not have insignias, Iogos, words, or pictures.

Shorts, skirts, skorts and jumpers shall be modest and of sufficientlength. The length of these articles of clothing shall be no shorter thanthree inches above the top of the knee when standing.

No pants or shorts with pockets halfl,~ay down the legs.

Clothing must be appropriately sized. No baggy or sagging pants orshorts are allowed. No "low rise" clothing is allowed. Pants must beworn with the waistband at or above the hipbone.

Clothing shall be worn appropriately (not inside-out or backwards; norolled up pants legs, etc.).

No see-through or mesh clothing that will reveal the body or will revealundergarments shall be allowed.

If belts are worn, they must be solid black or brown with a plain beltbuckle that is not oversized. All belts must be buckled.

Effective for the Year

PITT COUNTY BOARD OF EDUCATION POLICY 10.209]Adopted: June 1, 2009 Page 4!l

C. Dresses

Dresses may be solid white, black, navy, khaki, or the school color(see PCS School Color Chart).

Students may wear long or short-sleeved dresses with a collar.Dresses may have one or two chest pockets.

With the exception of school approved Iogos, dresses may not haveinsignias, Iogos, labels, words, or pictures.

Dresses must cover the chest and back so the chest and the back ofthe body are not inappropriately exposed.

Dresses shall be modest and of sufficient length. The length of thedress shall be no shorter than three inches above the top of the kneewhen standing.

Undergarments may not be visible at any time.

No see-through or mesh clothing that will reveal the body or will revealundergarments shall be allowed.

D. Shoes

Shoes shall be worn at all times, and, as needed, shoes shall conformto special requirements (such as P.E. classes, ROTC, science labs,etc.).

2. Shoes that have laces shall be laced and tied.

3. No bedroom shoes shall be allowed.

E. Quterwear

Students may wear plain unhooded sweaters, sweatshirts, or vestsincluding those made out of lightweight fleece material over schooluniforms. The items may be solid white, black, navy, or one of theadditional designated school colors (see PCS School Color Chart).Down vests are not acceptable.

theEffect ve for 2009-20!0 $choo Year

PITT COUNTY BOARD OF EDUCATION POLICY 10.209Adopted: June !, 2009 Page 5

Other

1.

2.

4%

Sweaters and sweat shirts, with the exception of schooi approvedIogos, may not have insignias, Iogos, labels, words, or pictures.Sweaters and sweat shirts with school approved logos may not havehoods.

Coats

Coats may not be worn inside the school building during theschool day.

Coats may be worn during a class change if the student isexiting the building.

Coats may be worn to school and placed in the student’s locker.if a locker is not available, it may be hung in the classroom oranother location designated by the principal andlor theprincipal’s designee.

The principal and/or the principal’s designee may make anexception if the building/classroom is unusually cold.

School Spirit Wear

Principal approved school spirit wear such as club and/ororganizational jackets, letter jackets, etc. may be worn in the highschools.

Clothing Items or Accessories.

Students may not wear large pendants or medallions.

No adornment is allowed that reasonably could be perceived as, orused as, a weapon (such as chains, spikes, etc.).

No gang-related clothing, accessories, symbols or intimidating mannerof dress, as identified by local law enforcement agencies, are allowed.

No headwear and no sunglasses shall be worn inside school buildings.

No bandanas shall be allowed.

Solid color, pattern or stripe ties may be worn. They may not have anyinsignias, !ogos, labels, words, or pictures.

Effective the $choo Year

PITT COUNTY BOARD OF EDUCATIONAdopted: June 1, 2009

POLICY 10.209Page 6

Leggings may be worn only as an accessory under skirts, skorts,dresses, shorts, pants, or capris that meet uniform requirements. Theymust be solid white, black, or navy.

Only school activity buttons, approved by the principal are permitted tobe worn on a student’s school uniform.

G. Other

1.

Uniform Requirements

Students are expected to be dressed accordin9 to the uniformstandards at all times school is in session.

Students who are taking classes that require a special dress code(such as JROTC or career and technical education internships) maywear that uniform to other classes.

Students who take a class at another school must wear the uniformshirt of their home school.

Principals may make exceptions to the uniform policy for specialevents.

Clothing designed for school athletic events (i.e. cheerleader outfits,etc.) that does not meet the above guidelines shall not be worn duringthe instructional day unless appropriate additional garments are wornwith the outfit.

Process to Amend School Colors

Once every three years, starting with 2010, schools may recommend schoolcolor changes to the Board of Education in December to be implemented in the2011-2012 school year provided they have given all students and parents theopportunity to vote on the proposed changes. 70% of the voting students andparents must support the proposed changes before they are recommended tothe Board of Education. Prior colors will be grandfathered for one year.

Enforcement

The principal and/or principal’s designee shalt ensure that the policy is enforcedin a consistent manner and require the student and the student’s parent orguardian to take appropriate action to remedy situations determined to be inconflict with this policy. Disciplinary action shall be taken for violation of theSchool Uniform and Appearance Policy in accordance with the Pitt County Board

Effective for the 2909-2010 Schoo Year

PITT COUNTY BOARD OF EDUCATIONAdopted: June 1, 2009

POLICY 10.209Page 7

of Education Code of Student Conduct. (Board of Education Policy 10.206 andProcedure 10.206)

Appropriate disciplinary actions for violations may include the following:

First Offense: Students shall be informed that they have violated the policy. Theyshall be given the opportunity to change into acceptable clothing by usingavailable clothes at school or by calling a parent/guardian to bring clothes, ifneither of these options is used, the students may be placed in in-schoolsuspension or isolation for the remainder of the day.

Second Offense: A second infraction of the policy may be considered asdefiance. In addition to the disciplinary actions available for a first offense, aparent/guardian conference may be held.

Third (and ~ additional) Offenses: A third or additional infraction Of the policy maybe categorized as a Category I Offense as outlined in the Pitt County Board ofEducation Code of Student Conduct (Policy 10.206 and Procedure 10.206-P),subject to the consequences outlined therein, including out-of-schoo! suspension.Disciplinary action may vary when a student has a record of other studentconduct violations during the current school year.

Students who do not comply with the Schooi Uniform and Appearance Policyalso may be excluded from participating in certain school programs, includinggraduation ceremonies. Copies of the School Uniform and Appearance Policyshall be made available to students and parents.

Students new to Pitt County Schools will be given a two week grace period fromenrollment to obtain and wear the proper school uniforms.

Last Revision/Adoption: November 3, 2008, June 18, 2007Legal References: G.S. 115C-47,-390,-391Cross References: Policy 10.206 (Code of Student Conduct).