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…

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

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…

Hardly a week passes without yet another highly visible court case involving the rights and freedoms of secondary school students. The subject matter of these lawsuits is as varied as the activities of the students who have gone to court to vindicate their legal interests. The outcome of such cases also runs the gamut; some student plaintiffs (and…

This article discusses some basic principles that can guide principals' decisions on when and how to regulate student dress. Like many school issues, implementing a dress code or uniform policy involves both the constitutional rights of students and the responsibilities of school officials. As a result, with dress codes and many other concerns,…

The 2008 presidential campaign has, by all accounts, been extraordinary. Record numbers of voters expressed their views in historic primaries, and citizens across the country have been invigorated by debate about what policies and which politician will be best for this country. Equally noteworthy is the fact that young people have not been absent…

In the past few years numerous cases have appeared before the courts concerning the dress and grooming of students. In many of these cases, the issue has been related to male students' hair length. Throughout the nation, conflicting trends have emerged from a legal point of view, and the issues remain largely unresolved. This paper discusses the…

As illustrated by two recent decisions, the courts in the past decade have demarcated wide boundaries for school officials considering dress codes, whether in the form of selective prohibitions or required uniforms. Administrators must warn the community, provide legitimate justification and reasonable clarity, and comply with state law. (MLH)

The courts will entertain an action to consider the propriety of the suspension or expulsion of a student based on the student's hairstyle. The promulgator of the regulation, be it the principal or the board of education, bears a heavy burden of justification for the rule. The two recognized factors that might sustain a hairstyle regulation are:…

Describes procedures required of boards of education by the courts in disciplining students. (JF)

It has been 30 years since the U.S. Supreme Court, in the "Tinker" case, upheld three students' right to wear black armbands protesting the Vietnam War to school. Recent cases involving sagging pants and an African headwrap (dress code violations) did not meet allowable "free-speech" requirements. (MLH)

School regulations concerning hair have been successfully defended in appellate courts in about half the country. The most recent decision of a federal circuit court upholding a school's rules was decided in 1975. In this instance, the court reversed the position it held only three years earlier. There are some guidelines that should be kept in…

Author reviews court decisions that affect the schools. (Editor/CB)

In a Sixth Circuit Court decision, Judge Harry Welford concluded that the First Amendment did not prohibit an Ohio school district from banning Marilyn Manson T-shirts under the district's constitutional authority to regulate student speech (disruptive behavior) that conflicts with its basic educational mission. (MLH)

This report presents commentaries on the legal aspects of student rights and on some of the disciplinary measures utilized by public schools. It proposes legislation designed to assure that schools, in shaping their disciplinary policies, will conform to the framework of existing constitutional law and recent court cases. A related document is EA…