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 Vermont, as in other states, schools can implement dress codes that may include the requirement of school uniforms or restrictions on certain types of clothing and hairstyles. These policies can prohibit items like tank tops, shorts, low-cut tops, pants worn below the waistline, or clothing with provocative messages. Schools may also regulate hairstyles, headwraps, hair color, and facial hair. While students may challenge these policies on the grounds of free speech under the First Amendment or on discrimination grounds, schools have the authority to enforce dress codes as long as they are designed to prevent disruption to the educational environment. The U.S. Supreme Court has established that schools can limit student expression if it is likely to cause a substantial disruption or interfere with the rights of others (Tinker v. Des Moines Independent Community School District, 1969). However, any restrictions must be justified by a legitimate educational reason and cannot be discriminatory. Each case involving a challenge to a school's dress code policy is assessed individually to determine if the policy is constitutionally permissible.