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 Indiana, as in other states, schools have the authority to implement dress codes and uniform policies. These policies may regulate clothing, hairstyles, and other forms of personal expression. While schools can set such policies, they must balance them against students' First Amendment rights to free speech and expression. The U.S. Supreme Court has established that students do not shed their constitutional rights at the schoolhouse gate, but these rights can be limited in the educational context if the school can demonstrate that the expression would materially and substantially disrupt the operation of the school. This standard comes from the landmark case Tinker v. Des Moines Independent Community School District (1969). Additionally, dress code policies must not discriminate against students based on protected characteristics such as race, religion, gender, or national origin, in accordance with federal anti-discrimination laws. When a dress code is challenged, courts will consider whether the school's policy is narrowly tailored to achieve a significant educational goal and whether it leaves open other avenues for expression. In Indiana, any specific challenges to school dress codes would be evaluated on an individual basis, taking into account the particular circumstances of the case and the justifications provided by the school for the restrictions.