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 Washington State, schools have the authority to implement dress codes and regulate student appearance, including clothing, hairstyles, and facial hair. These policies are designed to maintain a conducive educational environment and prevent disruptions. However, students may challenge these regulations on the basis of free speech under the First Amendment or on discrimination grounds. When such challenges occur, schools must demonstrate a substantial justification for the restrictions, showing that the prohibited styles or messages would likely cause a significant disruption to the educational process or school activities. This could include causing tension or discord among students or teachers. The courts typically require a careful balancing of the school's interest in maintaining order and the students' rights to free expression. Each case involving a dress code or appearance policy is assessed individually to determine if the school's policy is legally permissible.