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Dowling-Sendor, Benjamin – American School Board Journal, 1998
Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…
Descriptors: Court Litigation, Dress Codes, Federal Courts, Freedom of Speech
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Lays out the basic requirements of a sound antigang symbol policy. Discusses ways in which a school board can develop a sound policy that prohibits the wearing or display of gang-related symbols without overstepping constitutional boundaries. (LMI)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 1997
In "Stephenson v. Davenport Community School District," the U.S. Eighth Circuit Court of Appeals ruled that schools cannot adopt unduly vague policies to regulate student expression, in this case, a cross-shaped tattoo. (LMI)
Descriptors: Civil Liberties, Court Litigation, Discipline Policy, Dress Codes
Lane, Kenneth E.; And Others – American School Board Journal, 1994
Clothing is a primary form of gang-member identification. School boards that seek to revise dress-code policy on gang attire need to make certain they can justify their steps so that students' right to freedom of expression and the need for a safe school environment can coexist. Reviews five court cases and offers guidelines. (MLF)
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Educational Environment
Burke, N. Denise – West's Education Law Quarterly, 1993
Examines whether schools can or should restrict gang clothing and how to restrict gang clothing without infringing on students' constitutional rights. Concludes that a policy that stresses the importance of reducing distractions that inhibit learning is more likely to be found legal than a policy restricting gang communication via limitations on…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Freedom of Speech
Peer reviewed Peer reviewed
Grantham, Kimberly – School Law Bulletin, 1994
Addresses the authority of school officials to regulate student dress by examining school dress codes, first with respect to communicative dress--or dress that communicates speech--and then with respect to noncommunicative dress. Provides a summary of the law on dress codes and a basic set of rules to assist school officials in drafting…
Descriptors: Administrators, Board of Education Policy, Court Litigation, Dress Codes
Lane, Kenneth E.; Richardson, Michael D. – 1992
Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to…
Descriptors: Administrator Guides, Board of Education Policy, Court Litigation, Dress Codes
Peer reviewed Peer reviewed
Daniel, Philip T. K. – Journal of Law and Education, 1998
Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Dress Codes