Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. Teachers and The Law 7th Chapter 19 When Can Schools Restrict Personal Appearance? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program. Copyright © Allyn & Bacon 2007

Key Concepts When Can Schools Restrict Personal Appearance? Grooming Standards for Teachers Students’ Grooming Teachers’ Clothing School Dress Codes School Uniforms, Gang Clothing, And Message T-Shirts Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

When Can Schools Restrict Personal Appearance? Chapter 19 When Can Schools Restrict Personal Appearance? Essential Question How have the state courts provided education choices for children? Copyright © Allyn & Bacon 2007

KEY TERMS- Chapter 18 Personal liberty 422 Symbolic Speech 423 Student’s Grooming and School Dress Code 422-431 Protected liberty 424 Unnecessary burden Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Grooming Standards for Teachers Teachers must have due process for violating a school’s grooming code. Teachers probably do not have a constitutional right to wear beards and sideburns in most cases. Grooming is perhaps a constitutional right if it reflects a teacher’s racial or ethnic values and beliefs. Copyright © Allyn & Bacon 2007

Blanchet v. Vermilion Parish School Board Cases Blanchet v. Vermilion Parish School Board East Hartford Education Association v. BOE Blanchet – 421 pg. East Hartford Education – 421pg. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Teachers’ Clothing Teachers do not have a constitutional right to dress as they wish. Teacher‘s refusal to conform to a school dress code may not be protected as a form of symbolic expression. Teacher’s religious message T-Shirt is not protected speech. 421-422 pp. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Students’ Grooming A personal liberty protected by the Fourteenth Amendment (422-423) Symbolic speech protected by the First Amendment (423) A denial of equal protection (423) A right to govern one’s personal appearance (423-424) 422-428 Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Students’ Dress Codes School dress codes Schools can regulate student clothing Different opinions (by state) on girls wearing slacks or jeans Detailed dress codes (if they have an educational rationale) can be constitutional 2 Part Test to determine if wearing ethic clothing is a protected form of expression “No Hats” policies usually hold up. Sometimes courts rule the same way in clothing cases as in hair controversies. 429-436 pp. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Bastrop Bd. Of Tr. V. Toungate Case Bastrop Bd. Of Tr. V. Toungate 428 as seen in citation #30. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

School Uniforms, Gang Clothing and Message T-Shirts School Uniforms pp. 431-432 Schools can require school uniforms Gang-Related Issues pp. 432-434 Schools can prohibit the wearing of earrings, jewelry, or other symbols of gang membership. Prohibitions of gang symbols can be void for vagueness. Male earring prohibitions might be constitutional if wearing the earring Is not associated with gangs. School Uniforms pp. 431-432 Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

School Uniforms, Gang Clothing, and Message T-Shirts Message T-Shirts pp. 434-437 Controversial T-Shirts may or may not be banned. Sometimes schools can ban confederate flags and symbols. Schools cannot ban all images of weapons. Schools cannot ban all team and college clothing. Schools can regulate student dress at off-campus, extracurricular activities. Copyright © Allyn & Bacon 2007

Cases Tinker v. Des Moines Bethel v. Fraser 434 pg. Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007

Case Study Initial Proceedings Complaint Defendant Answers (30 days) or motion to dismiss Facts of claim by plaintiff seeks Complaint Interrogatories Depositions Document Requests Case Study Discovery Begins Settlement Conference Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Copyright © Allyn & Bacon 2007

When Can Schools Restrict Personal Appearance? Chapter 19 When Can Schools Restrict Personal Appearance? Reflection Considering the range of decisions regarding teacher and student freedoms: when should schools restrict student and teacher freedom? when should nonconformity be protected or punished? (438) Copyright © Allyn & Bacon 2007 Copyright © Allyn & Bacon 2007