The Constitutionality of Dress Code and Uniform Policies

This dissertation proposes to delineate the criteria for determining the constitutionality of public school dress codes based on an examination of relevant case law. The study addresses the following underlying questions: (1) Do students have a constitutional right to freedom of choice regarding their personal dress and grooming in public schools? (2) If so, what is the origin of the right? (3) What justification does a school district need in order to intrude upon the right? (4) Does the extent to which there is a right, and that it is accorded support by the judiciary, depend on the student's age and grade level? (5) What do state statutes say about dress codes and uniforms? (6) Do state statutes comport with the circuit courts' rulings in the various jurisdictions? The first part of Chapter I examines the purpose of school uniforms as set forth in relevant educational literature and commentary. The second part of the chapter examines empirical evidence on the effects of dress codes and uniforms. Chapter II addresses the first three questions listed above concerning students' right to choice in personal dress, the origins of such a right, and the justification required for a school to intrude upon this right. Chapter III examines dress code rulings from the United States Courts of Appeals in order to ascertain patterns of judicial rationale and determine whether students' rights vary depending on age, grade level, or federal circuit court jurisdiction. Chapter IV examines existing state statutes with regard to dress codes and uniforms. Chapter V utilizes the legal principles that emerge from the research in Chapter III and draws from the survey of state statutes in Chapter IV to make a comparison of state statutes and circuit court rulings in each jurisdiction. If a state statute does not comport with federal law in its particular jurisdiction, modifications are suggested to bring the statute into line with relevant judicial rulings