The absence of comprehensive educational theory regarding dress codes results in deference to community norms as a way to determine implementation and compliance. Implementing dress codes ultimately results in inconsistent practices and violations of students' rights. To the detriment to student learning, dress codes disproportionately affect…

In today's public secondary schools, administrators face challenges that prior generations never anticipated, one of which is the T-shirt conundrum. The T-shirts that students wear to class contain all sorts of messages and images, many of which administrators may well consider inappropriate. This article is intended to help beleaguered educators…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

The Arizona Court of Appeals, in the first court decision regarding public school uniform policies, held that mandatory school uniforms do not violate students' First Amendment rights. Discusses the Arizona decision and its effect on the structuring of school uniform policies and their potential successful institution at the high school level. (31…

Explores the legal status of public school teachers' wearing religiously distinctive clothing in the absence of specific state prohibition. Analyzes the effects of laws prohibiting teachers from wearing religious clothes and argues for the abolition of religious dress statutes. (40 references) (MLF)

The outcome of legal battles regarding student dress codes often depends on how the issue is characterized; words used in the code; the geographic area of the conflict; on the ideological trend of the Supreme Court and the political/social climate of the country; and judicial inactivism of the Court. Applies these variables to two Jefferson…

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)

Responds to Hindy Lauer Schachter's article that criticized the "religious garb" statutes that prohibit public school teachers from wearing religious attire while teaching. Contends that Schachter considers the issue solely from the teacher's point of view. Argues that there are other factors that public school administrators have to…

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…

In 1969 the Supreme Court, in "Tinker v. Des Moines Independent Community School District," established the right of students to freedom of expression in school unless the exercise of that right would materially and substantially interfere with the requirements of appropriate discipline or collide with the rights of others in the school.…

Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)

Based on past incidents involving racial tension and student wearing apparel that displayed the Confederate flag, a South Carolina middle school prohibited clothing with the Confederate flag visible. Judge William B. Traxler Jr. ruled for the district. Advises administrators that they can regulate or ban expressive conduct by students only if…

In "Castorina," the Sixth Circuit reversed a lower court ruling that had dismissed a suit by two high school students challenging their suspension for wearing T-shirts adorned with the Confederate flag. Reviews three Supreme Court decisions about the regulation of student expression. Concludes that a consensus for the regulation of…

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…