Understanding Public School Dress Code Laws

by LegalFix
Posted: February 24, 2023
dress codes and hairstyles

For both students and parents of school-aged children, school dress codes or uniforms can play a major role in daily life. While most public schools in the United States don’t require specific uniforms, virtually all schools have some form of dress code. While these may seem arbitrary or inconsistent, there are actually a number of legal concerns that affect school dress codes. 

Are School Dress Codes Legal?

Typically, American public schools are allowed to implement their own dress codes or uniform requirements, and there is no one specific federal law that dictates school dress codes. Many schools in the United States have had dress codes for decades, and the question of whether or not public schools could enforce dress codes did not come before the Supreme Court until 1969. 

 Most states allow school boards to make dress code rules for students within their district to promote a safe, disciplined school environment. The most common types of dress codes prohibit clothing that is considered vulgar or obscene or demonstrably disrupts productive school activity.

What many people (and even some schools) do not realize, however, is that public school dress code laws specify that rules may not differ based on students’ gender, race, religion, or other protected characteristics. In compliance with anti-discrimination laws, public schools also cannot enforce a dress code based on stereotypes about appropriate dress or appearance. 

This means that requiring different uniforms for boys and girls, such as skirts vs. slacks, is not legally allowed in public schools. This rule does not only apply to daily uniforms, either — prom, graduation, and yearbook photo attire are all protected under the same laws. 

It is important to note, however, that all of the above rules only apply to public schools. Because private schools are not government-run and generally do not receive taxpayer funding, regulations on what they may or may not allow are more permissive (provided that they do not violate the rights of students as guaranteed by the Constitution). 

First Amendment Rights

Some legal arguments against mandatory school uniforms and dress codes take the position  that the clothing that students choose to wear is a form of expression protected under their First Amendment rights. 

In the 1969 case of Tinker vs. Des Moines Independent School District, the Supreme Court ruled that schools do have the right to 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. 

This case has also served as the basis for subsequent school dress code laws, including a series of high-profile regulations in the 1990s aimed at curtailing gang violence in high schools. 

Federal vs. State Regulations

Aside from the basic guidelines laid out by the federal government in accordance with the Bill of Rights, many states have their own school dress code laws. These laws can grant school districts additional powers in an attempt to curb issues like gang violence.

In many cases, however, state laws further limit schools’ abilities to mandate uniforms and dress codes in order to protect students. For example, the Utah State Legislature’s school uniform laws state that, among other stipulations, schools may not require students to wear clothing that is “prescriptive or expensive.” Likewise, subsection 3d of the law mandates that schools requiring uniforms must also “include a provision for financial assistance to families who cannot afford to purchase a required uniform.” 

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