1. 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

2. 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

3. 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

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

5. 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

6. 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

7. 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.
pp.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

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

9. 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.
pp.
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

10. 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

11. School Uniforms, Gang Clothing and Message T-Shirts
School Uniforms pp
Schools can require school uniforms
Gang-Related Issues pp
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
Copyright © Allyn & Bacon 2007
Copyright © Allyn & Bacon 2007

12. School Uniforms, Gang Clothing, and Message T-Shirts
Message T-Shirts pp
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

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

14. 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

15. 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