Order 1061050: Dress Code
u or your {amily ever have
)ased views thai contlicted
/ith events at your school?
ie your views c0nservative
.e., opposition to dancing,
ctance of evolution theory,
rparticipation when certajfl
s were shown, etc.)? Were
trictions imposed that you
believed unnecessary?
Perhaps the greatest point of tension concerning religion and cun'iculum is the theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school teacher was convicted of violating a Tennessee regulation against teaching anything that contradicted the biblical Genesis accolrnt of the creation of humans. Although the conviction was overturned on a technicaliry controversy over the teaching of evolution in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which required the teaching of both creationism and evolution. The U.S. Supreme Court ruled the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of other views. Some school districts, and even whole states, have afiempted to give equal time both to what some Christians believe about creation as embodied in the literal translation of the Bible and to evolution. Some districts have attempted to outlaw the teaching of evolution or to require a disclaimer stating that it is only a theory, one of many that try to explain the or:igin of humans.
As you can see, the rights and responsibilities of teachers and stridents often inter- sect at the delicate point of separation of church and state. In some communities, and at some times of the year, preserwing this separation is challenging.
What.[re the Legal Rights of Students? Students do not leave their constitutional rights at the schooihouse door. You may no- tice that there isn't a section of this chapter devoted to students' legal responsibilities. If there were, the section would be short. Students have the responsibility to go to school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations). That's about it in terms of legal responsibilities. dlthough we hope students take re- sponsibility for their lear:ning and behavioq unless their behavior is deerned illegal or extrernely disruptive, there are no other laws binding them.
Before 1969, students were not recognized as having First Amendment rights to free- dom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde- pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is entitled to freedom of expression, In this case, three students wore armbands to school to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The Tinker case reversed the school's stance and has been cited repeateclly since 1969. However, court challenges since Tinker have served to balance the rights of students to express themselves and the necessity of limiting personal freedom to ensure the safety and well-being of others. For students, understanding the need for this balance is a lesson in the principles of democracy.
$"reedosm of sgxxbe3ic #Hg)trsssisrs, The Tinker decision so influenced how stu- dents are viewed in relation to freedom of expression that it is known as the Tinker doctrine. This doctrine extends to symbolic freedom. Students are allowed to express their views symbolically through what they weat as long as it doesn't disrupt the educational process.
Dress codes. Since the 1960s, numerous lawsuits have been initiated over the restric- tions imposed by dress codes, but the U.S. Supreme Court has not ruled on the issue. ht 1972, Justice Black wrote that the U.S. Constitution doesn't require the coults to bear the burden of supervising clothing or hairstyles.
However, schools are concerned about immodest dress and unusual hairstyles because they could disrupt the educational atrnosphere of the classroom as well as lead to more serious issues. For instance, violence generated by gangs and groups such as the "trench caat r::rafia" (the students associated with the L999 Columbrine school shootings) has prompted educators to identifu and attempt to ban insignia
Chapter 10
clothing and hats associated with specific groups. LaMorte (2008) lists the following as school concems:
. T-shirts clepicting violence, drugs (e.g., mariiuana leaves), racial epithets
" rippecl, baggy, or saggy pants or jeans . colored bandanas . basetrall or other hats o words shaved into scalps . brightly colored hair . exposed underwear . tattoos, . . . pierced noses . decorative dental caps (p. 172)
These forms of symbolic expression are not protected by the First Amendment because they may contribute to school unrest. Most dress codes outlaw some or all of the items in LaMorte's list. However, trecause some of the items are associated with particular cultures, it is difficult for schools to designate them without appearing to be biased. Rules desig- nating skilt length, requiring belts, ancl prohibiting exposed midriffs are more generic but still hard to enforce.
Uniforms, Dress cocles are often ambiguous, leaving much room for interpretation. They can iilfringe on learning time if teachers are ex- pected to watch for and report violations. Thus some schools and entire districts choose to impose a uniform policy, giving sturdents several modest, relatively piain choices of clothing. Currently, rnore than half the states have schools with uni- form policies. Some large cities, such as Long Beach, Chicago, and San Antonio, re- quire at least elementary students to wear uniforms. rn 2oa2 Memphis, Tennessee, became the nation's first large public school district to adopt a uniform policy in all of its 175 schools.
Fublic schools that impose uniform policies must provide an opt-out clause for pa::- ents who don't want their children to participate. For instance, some parents may not want tleir children to wear a uniform because it conflicts with the clothing traditions of their religion. Other parents may request to be exempt simply because their children don't want to wear the uniform and are persistently making that clear. Private schools do not receive government support and, unlike public schools, may impose a uniform policy on all students without allowing them to opt out.
Before we discuss student freedom of speech, consider focus teacher Brenda Beyal and a dilemrna she faced that began with symbolic freedom in Figure 10.6. Reflect on the opportunities for Brenda and her students to learn about aspects of culflrre and a brelief system with which they are not familiar, and then thoughtfully respond to the questions.
in 1986 when a student made a speech containing sexual innuendo in a high school assembly. He was reprirnanded and subsequently sued the school, claiming that his freedom of speech was denied. The case, Betbel scbaol District No. 4aj v. Fraser, 1)86, went to the u.s. supreme court, where the adolescent lost. The court ruled that a school does not have to accept indecent or offensive speech,
dthough students enjoy free speech, it does have lirrrits. An individual student's freedom of speech, as well as freedom of the press, must be balanced against ilre school's ability to maintain a safe and civil atmosphere, where all students and teachers are showll respect.
Students often enjoy expressing personal taste in their choices of clothing and shoes.
Paints of freflection IA.7
Did your schools have dress codes
or uniforms? What do you remem-
ber about them? Did you feel that
your freed0m of expression was
rcstrioted by what the schools said you could and couldn't wear?
As a future teacher, do you like the
idea of dress codss or uniforms?
Why or why not? Are they
more important at partioular
levels o{ schsol?
Ethical and Legal Issues irr U.S. Schools
Fi"- .\j=lryrytu
ffi ffiffi ffi:w'tffw
Erenda Eeyals dilemma
As a teacher in a multiage classtoom, Brenda lle.-val enioys the fact tlut her school, colleagues, and students are opefl minded ancl accepting of clift"erences. She also erjoys the status of her sclool as afl arts- fbc'used elementary. The arrival ol tll.in filth grade girls in Benda's classroom 2 weeks alier school be1;an proved tr.) be both a challenge and an opportunily.
Amira and Farah were the first chilctren of tladitional Muslim parents to aftend Brenda's school. 'I'hese ll-year-old ts.ins walked into Ilrenda's classrclom one Friday morniag in September'. They wore loose-fittiftg pants and long tunic tops, along witl.! scalves on their' heacls that cotrrpletelli covered their hair. Amira and Faruh srnilecl
sweetly and took their seats at a table with tlrree other children. Brenda welcomed them and invited the gids to introduce thenrselves to the class. Amira went first and explained tlrat her nafi1e meansp/ir?cers in Islam. Therr F'arah fcrlloq,e<l suit by saying tlrar her nanre n:rear\s happiizess.
Ilrelda lud been told she woulcl have two ilew students, but she had not been told that the {iiris were part of a very traditional JVluslirn family and that there *.ould he some challenges because of their being the first $tudents of the Isiarr1ic faith il1 the school. Here are some r:f the challeng<s Brenda faced:
. A school rule stales that headgear rnay not be worn in the school building. The girls wate bijab, t,"ditiolul Muslinl head$'ea r.
. Anrira and Farah arrived in the n'dddle of Rarnadan, a Muslim moflth in'"vfuch believers fast during daylight hours.
. Anrfa and Farah are required to pray live rimes a day, and two of the tirnes fall widlin the school da1,.
. The parelts of Amira and Farah talked *,ith Principal Larsen and told him they are aware that his school is known for the arts. They Irave concerns because (in their tradition) danc.e senes oo pur- pose, and needlessly causes Sgids and bolrs to come in contact; they lin<l some music offensire; and Mu.slirn children ale not allowed to draw human figures.
r Although Islam is one of the fastc'st €lrowing digious sects in the {.i.S. today, sentilr}ent in the Uflited States is often unfavorable towa(l people of the Muslim faith, especially fbllowing the evelt$ of 9/11. "Ihe uncle of one of Bren<Ia's studerts was killed in the 2OO1 terrorist attack on the lvorld Trade Centir in New lbrk Ciry
Think about Brenda's challenges and opportunilie$ to help all her studexts learn about-and from-each other'.s siftiladties and dif'ference.s. llelipond to these iten$ by writing one well-developecl paragraph answering each of the tbllowing three questiors;
1. ls it legal for Amira an<l l;arah to pause twice each day for prayer and refuse to eat lunch during Ranladan? If not, why? If so, how n{ght l}renda explain this to her studenfs?
2. Should the schcol mles be relaxed to allow Amira and Farah to *'ezr bijaW If not, how shoul<l Ilrenda handle the situation? If s<1, how might Brenda explain this rule valiatiori to her students?
J. On September 11 of each school )'ear, a tradifion at Rees consists of snrderts reading stories $,ritten b-v chilclren allout the heroes of the 2O0l terrori6t attack in i.{er+'York City. laura, the niec* of a tiretiglrter r.ho losl hi.s lit'e in thc v/orld ltade Ceflter bombing, bdngs a picture cf her uncle each year as part of a rnemorial. \I'hen Afirira ancl Farah arrive at Rees, the cofiuiternoration is only a I'ew days av.'ay. Brenda anticipates there will be questions from students, perhaps expressed pr! vately to her, ahout *.hether the nerfi/ girls are part of the group responsilre lbr the tiagedy. What are three points Brenda shoukl make to her students?
.il''-ql',+qi,r":.-lri r:::1 i:ir.,e;i:t+i't*:t:r., Sichootr publications hawe long been fertile gtouncl for disputes about students' rights to express thernselves. In atternpts to make school rrewspapers relevant and tr-uly student ourned, students tend to
'r/r]ite about what's
on the ffiifids of clarisrrrates, no rnatter how contrcversial" Howev€r, it is clear fi'om court decisions such as H$.xelwood. Schaol flistrict v. Kubl*zei.er", 1988, that teacfiers alrd adrninistmtors rnay exercise editorial control over school putrlication$. The court upheld an educator's right to deiete certailr student writing trom school-sponsored publications.
.Fol' all three forms .ff expressicn*symholic, speech, and written-stlrdrnts' rights rnuot be baianced with what ie in tire best inters$t of thc school poputration" The aclults irr charge-schoal board memtler:s, district personnetr, adrninistrators, and teachers-Ir1ust
Chapter I0