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 Kentucky, 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 justification for such policies is typically to maintain a safe and distraction-free educational environment. However, these regulations must balance the school's interests with students' First Amendment rights to free speech and expression. When dress code policies are challenged, courts will consider whether the school's restrictions are reasonable and whether they are narrowly tailored to address a substantial disruption to the educational process or the rights of others. Policies that are overly broad or that discriminate on the basis of race, gender, religion, or other protected characteristics may be deemed unconstitutional. Additionally, any restriction on student expression, including dress codes, must be consistent with both federal law and Kentucky state law. The specific circumstances of each case, including the nature of the expression and the context of the school environment, will be crucial in determining the legality of dress code policies.