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 New York, schools are permitted to implement dress codes and uniform policies, which may include restrictions on certain types of clothing, hairstyles, and other forms of personal expression. These policies are often justified on the basis of maintaining a conducive educational environment and preventing disruptions. However, when students challenge these policies, the schools must demonstrate that the restrictions are necessary to prevent a substantial disruption of or material interference with school activities. The First Amendment protects students' rights to free speech, which includes the way they dress and groom, but this right is balanced against the school's interest in maintaining an orderly environment. Claims of discrimination can also arise if dress code policies disproportionately affect specific groups of students. Each situation is assessed individually, and schools must ensure that their policies are not overly broad and are applied in a non-discriminatory manner.