Dress Code:

School Dress Code Laws

The first school dress code law was established in 1969 by the U.S. Supreme Court. The case, known as Tinker vs. Des Moines Independent School District, involved several high school students who wore black armbands to school in a planned protest against the Vietnam War. In a far-reaching decision, the Court essentially decided that schools may limit student expression (such as enforcing dress codes) if there is a legitimate concern that such expression will be disruptive to the learning environment or violate the rights of others.

Today, most states have laws that allow school boards to make dress code rules for students within their district to promote a safe, disciplined school environment, prevent interference with schoolwork and discipline, and to encourage uniformity of student dress. For instance, dress codes that prohibit clothing that is vulgar, obscene or worn in a manner that disrupts school activity are generally permitted – whereas dress codes that censor student expression because educators do not like the message are generally not permitted.

Dress Code Policies vs. Freedom of Speech

Not all speech is protected in a school setting. For example, students who wear clothing that follows the latest fashion trend – such as oversized shirts and slouchy jeans for boys, or short skirts and mid-drift cut-out shirts on girls – or clothing that supports a particular sports team, religion, or political point of view, may be prohibited in dress code policies if the student’s choice in clothing draws attention away from the school’s learning environment.

Therefore, limits on dress codes have including the following:

• Limits on ‘gang-related’ clothing, sometimes described as over-sized clothing and other clothing meant to show affiliation with a certain gang or group, such as certain colors, logos, brand names, or arrangement
• Ban on suggestively-themed T-shirts, such as Marilyn Manson t-shirts
• Requirement to wear school colors only
• Limits on skirt, shirt, and pant length
• Ban on clothing that depicts lewd, sexually explicit, or idecent drug use
• Seasonal closthing restriction, such as limits on midriffs and lower backs not being exposed in hot weather
• "Baggy pants" restriction prohibiting students from wearing clothin that exposes underwear or body parts in a way that is indecent or vulgar.