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 Kansas, as in other states, schools have the authority to implement dress codes and uniform policies that may include restrictions on clothing styles, hairstyles, headwraps, hair color, and facial hair. These policies are often justified by the schools' interest in maintaining a conducive 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, the school must demonstrate a high burden of proof to justify the restrictions, showing that the prohibited styles or messages would likely disrupt the educational process or cause tension among students or staff. The courts will evaluate the legitimacy of the school's concerns and the impact on students' rights on a case-by-case basis. Generally, schools are permitted to enforce dress codes and appearance policies as long as they are reasonably related to the educational mission of the school and do not infringe on students' constitutional rights without sufficient justification.