Student Rights & Responsibilities
Restrictions on
Dress & Grooming
It is well established that students have a constitutionally protected right
to govern their appearance while attending a public school. To justify
restrictions on this right, the school district must meet a “substantial
burden of justification.” That is, school boards must show that there is an
overriding public purpose to be served by limiting students’ rights to
appear dressed in a certain fashion. The justification cannot be based on
speculation or prior restraint. The school district must demonstrate that
the style of dress or grooming to be restricted disrupts the ongoing school
program, invades the rights of others, or is a health or safety hazard.
Recent cases have supported school
districts’ attempts to reduce the “gang influence” in dress and grooming.
Again, the schools must demonstrate the discipline or other problems that
resulted from the “gang influence” in dress and grooming. Prior restrictions
of attire without accompanying discipline or other health or safety issues
connected to the style of dress or grooming may not be constitutionally
protected. |
