This document discusses whether school dress policies interfere with students' constitutional rights. It provides background on the history of school dress codes and Supreme Court cases related to student expression. While some argue that uniforms reduce distractions and socioeconomic barriers, others counter that they violate students' freedom of expression and place financial burdens on families. Research shows an increase in schools adopting dress codes or uniforms over the past two decades.

1. School Dress Policy
Do school dress policies interfere with students constitutional
rights?
Jaclyn Moran
Philosophy, Ethics, and Teaching
Summer 2012

2. Uniforms or Dress Codes?
In 2009–10, about 19% of public school principals reported that their school
required students to wear uniforms, an increase from 12% in 1999–2000
(According to NCES)

3. History
 Supreme Court Case ruling (1969)
 Tinker v. Des Moines Independent Community School
District
 In 1968, a group of adults and students in Des
Moines, Iowa, wore black armbands to school to publicize
their objections to the hostilities in Vietnam.
 The Supreme Court ruled in favor of the students and
stated, “in order for the state in the person of school officials
to justify prohibition of a particular expression of opinion, a
student must engage in a forbidden conduct that would
„materially and substantially interfere with the requirements of
appropriate discipline in the operations of the school.‟”
(“Tinker v. Des Moines, 1969)

4. 1996 State of the Union Address
“I challenge all our schools to teach character education, to teach good
values and good citizenship. And if it means that teenagers will stop killing
each other over designer jackets, then our public schools should be able to
require their students to wear school uniforms” (Clinton, 1996)

5. In the Courts
 Byars v. City of Waterbury, 2001
 Freeman v. Flake, 1971
 Bivens ex rel. Green v. Albuquerque Public Schools, 1995
 Olesen v. Board of Education of School District 1987
(Julka, Lewis & Verstegen, 2004)

6. School Uniforms
Pros Cons
 Help prevent gangs from forming on  Violate a student's right to freedom of
campus expression
 Encourage discipline  Are simply a Band-Aid on the issue of
school violence
 Help students resist peer pressure to buy
trendy clothes  Are a financial burden for poor families
 Help identify intruders in the school  Are an unfair additional expense for
parents who pay taxes for a free public
 Diminish economic and social barriers education
between students
 Are difficult to enforce in public schools
 Increase a sense of belonging and school
pride

7. Bill of Rights Amendment 1
“Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to
assemble, and to petition the Government
for a redress of grievances”
First Amendment Arguments
• Example of a Supreme court “dress code” ruling that references Amend. 1
• Sypniewski v. Warren Hills Regional Board of Education

8. Dress Code and Uniform
Costs
 Students are at an age when growth is ongoing and it is
necessary for parents to frequently purchase larger sizes.
 Uniform costs can sometimes be higher than costs of
traditional clothing.
 A Port Washington, N.Y.-based NPD Group estimated in
2000 that uniform sales accounted for 5 percent of the
children's clothing market, or $1.1 billion (Veron, 2012 )

9. References
 Clinton, President William Jefferson. (1996, January). State of the Union Address.
Speech presented at the U.S. State of the Union, Washington, D.C.
 Julka, M. J., Lewis, S. R., & Verstegen, R. F. (2004). Student dress codes. Principal
Leadership, Retrieved from http://www.nassp.org/portals/0/content/48264.pdf
 Supreme Court of the United States, (1969). Tinker v des moines independent
community school district (393 U.S. 503). Retrieved from website:
http://scholar.google.com/scholar_case?case=15235797139493194004&hl=en
&as_sdt=2&as_vis=1&oi=scholarr
 U.S. Department of Education, National Center for Education Statistics. (2012).
Indicators of School Crime and Safety: 2011 (NCES 2012-002), Table 20.1.
 Verdon, J. (2012, July 27). What's cool for school? uniforms. The Chicago Tribune.
Retrieved from http://www.chicagotribune.com/business/sns-mct-whats-cool-
for-school-uniforms-according-to-20120727,0,1344963.story