Schools often have a dress code that requires school uniforms or that limits clothing styles—such as policies of no tank tops, shorts, low-cut tops, pants worn below the waistline, or suggestive, provocative, or controversial messages. Some schools extend these dress code policies to hairstyles, headwraps, hair color, and facial hair.

These policies are sometimes challenged by students on free speech grounds (under the First Amendment to the U.S. Constitution) and on discrimination grounds. Schools are required to meet a high burden to justify restricting their students’ right to freedom of speech.

Each school policy and claim of a violation of law must be evaluated on a case-by-case basis but schools are generally allowed to restrict clothing, speech, and hairstyle choices only if they would likely disrupt the educational environment of the school and interfere with school activities—including by causing tension and discord among the students or teachers.

In Idaho, as in other states, public schools have the authority to implement dress codes and uniform policies. These policies may regulate clothing, hairstyles, and other forms of personal expression. The basis for these regulations is typically to maintain a safe and distraction-free educational environment. However, students may challenge these policies on the grounds of free speech under the First Amendment or on discrimination grounds. When such challenges occur, courts will weigh the school's interest in maintaining order and a conducive learning environment against the student's right to free expression. Schools can enforce dress code policies if they can demonstrate that the restricted clothing or hairstyles would likely disrupt the educational process or cause tension among the student body. Each case involving a dress code challenge is unique and must be evaluated individually to determine whether the school's policy is legally justifiable.