School Dress Codes Must Balance Student Control Against Constitutional Rights

Public schools in Ohio have a substantial, but not unlimited, amount of discretion in implementing dress codes in order to maintain a safe learning environment for students. All dress codes must be reasonable in scope, and courts may consider dress code policies overbroad if the restrictions imposed on students are not necessary to prevent a substantial disruption or are not related to the promotion of health and safety.

When implementing dress code policies, public boards of education must also consider students' rights to free speech under the First Amendment to the United States Constitution. The United States Supreme Court held in 1969 that student speech can be regulated if a school proves it 'materially and substantially interfere(s)' with school operations. Districts can also regulate student speech that is derogatory or profane. In addition, dress code policies could invite 14th Amendment 'equal protection' claims, so districts must be careful to enforce all regulations uniformly and consistently.

Question: Can a public school require students to cut their hair?

In most cases, yes. So long as the school's policy governing length of hair is considered necessary for some educational purpose, the policy will usually be upheld by the courts. For instance, a vocational nursing course may be able to require students to keep facial hair neatly trimmed for health reasons. On the federal level, the Sixth Circuit Court of Appeals (which covers Ohio) has held that hair length restrictions do not typically infringe on student constitutional rights regarding freedom of speech and expression under the First Amendment. However, some Ohio courts, including the Supreme Court of Ohio, have overturned hair length restrictions that were considered arbitrary or unreasonable.

Can a public school restrict the clothing that students wear?

Yes. Schools are given great latitude in implementing policies that govern student clothing. Schools may implement dress codes to limit disruptions on campus. Courts have upheld dress codes prohibiting vulgar writing, earrings, body piercings, sagging pants, torn clothing, bare midriffs and other sexually suggestive clothing. Policies that attempt to limit students from wearing gang-related or violence-based clothing are usually upheld where the schools can show that the potential for disruption is real.

Are there limits on what clothing public schools can ban?

Yes. Schools must be able to show that the risk of disruption is real to enforce a dress code prohibition. Students have freedom of expression and freedom of religion rights under the First Amendment, although schools may weigh these rights against the potential for school disruption. For example, in a 2007 case, the Sixth Circuit Court of Appeals held that a ban on wearing the confederate flag was appropriate where the school had demonstrated that racial tensions existed in the school.

Alternatively, in 2013, the Third Circuit Court of Appeals in Pennsylvania held in favor of students who challenged a school district's policy banning 'I heart boobies' bracelets that the students wore in support of breast cancer awareness. The court held that the school district had not proved that the bracelets were disruptive.

Can a public school require students to wear uniforms?

Yes. Ohio has adopted a statute stating that schools may require a school uniform to be worn by the students attending one or more district schools, as long as the policy promotes a safe and healthy school setting and enhances the educational environment. The policy must be included in the school's general code of conduct or discipline policy, be posted in a central location and be made available on request.

What steps must a public school take to adopt a school uniform policy?

The board of education must provide six months' notice before requiring students to wear uniforms, and must give 'ample opportunity' for the principal, staff and parents to offer suggestions and comments on the proposed uniforms. The board of education must also include a procedure to assist parents of economically disadvantaged students to obtain uniforms, which may include using school district funds or funds from other sources to provide this assistance.

Can students be disciplined for violations of grooming, dress code or uniform violations?

Yes, as long as the school has adopted a policy that is sufficiently clear on the issue of grooming (e.g., hair length), prohibited clothing or uniforms. Students must always be placed 'on notice' about the policy violations that prompted the discipline.

This article was prepared by Columbus attorney Mark A. Weiker of Albeit Weiker, LLP. These articles are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

As the article appeared in the Cleveland News Herald: Link: https://www.news-herald.com/news/ohio/law-you-can-use-school-dress-codes-must-balance-student-control-with-constitutional-rights/article_8db01613-e113-5c76-963c-43e5404b0b86.html