Morgan Hill USD | BP 5132 Students
The Governing Board believes that appropriate dress and grooming contribute to a productive learning environment. The Board expects students to wear clothing that is suitable for the school activities in which they participate. Students shall not wear clothing that presents a health or safety hazard or is likely to cause a substantial disruption to the educational program.
District and school rules pertaining to student attire shall be included in student handbooks, may be posted in school offices and classrooms, and may be periodically reviewed with all students as necessary.
Students shall not be prohibited from dressing in a manner consistent with their gender identity or gender expression or with their religious or cultural observance.
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)
The principal or designee is authorized to enforce this policy and shall inform any student who does not reasonably conform to the dress code. The dress code shall not be enforced in a manner that discriminates against a particular viewpoint or results in a disproportionate application of the dress code based on students' gender, sexual orientation, race, ethnicity, household income, or body type or size.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 0415 - Equity)
(cf. 5145.2 - Freedom of Speech/Expression)
School administrators, teachers, and other staff shall be notified of appropriate and equitable enforcement of the dress code.
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
When practical, students shall not be directed to correct a dress code violation during instructional time or in front of other students.
Repeated violations or refusal to comply with the district's dress policy and schools dress codes may result in disciplinary action.
(cf. 5144 - Discipline)
Disruptive Clothing and Gang-Related Apparel
The principal, staff and parents/guardians at a school may establish a reasonable dress code that prohibits students from wearing apparel that disrupts or threatens to disrupt the school's activities. This includes gang related apparel, images suggesting violent behavior, or other clothing that could be reasonably determined as offensive. The dress code may be included in the school's comprehensive safety plan. (Education Code 35183)
(cf. 0450 - Comprehensive Safety Plan)
(cf. 5136 - Gangs)
When determining specific items of clothing that may be defined as gang apparel, the school shall ensure that the determination is free from bias based on race, ethnicity, national origin, immigration status, or other protected characteristics.
The Board may approve a school-initiated dress code requiring students at the school to wear a school uniform whenever the Board determines that such a dress code will promote student achievement, a positive school climate, and/or student safety.
The Superintendent or designee shall establish procedures whereby parents/guardians may choose to have their children exempted from the school uniform policy. Students shall not be penalized academically, otherwise discriminated against, or denied attendance to school if their parents/guardians so decide. (Education Code 35183)
The Superintendent or designee shall ensure that resources are identified to assist economically disadvantaged students in obtaining uniforms. (Education Code 35183)
32281 School safety plans
35183 School dress codes; uniforms
35183.5 Sun-protective clothing
48907 Student exercise of free expression
49066 Grades; effect of physical education class apparel
Jacobs v. Clark County School District, (2008) 26 F. 3d 419
Harper v. Poway Unified School District, (2006) 445 App. 3d 166
Marvin H. Jeglin et al v. San Jacinto Unified School District et al, (C.D. Cal. 1993)
827 F.Supp. 1459
Arcadia Unified School District v. California Department of Education, (1992) 2 Cal. 4th 251
Hazelwood School District v. Kuhlmeier, (1988) 108 S. Ct. 562
Hartzell v. Connell, (1984) 35 Cal. 3d 899
Tinker v. Des Moines Independent Community School District, (1969) 393 U.S. 503
Policy MORGAN HILL UNIFIED SCHOOL DISTRICT
adopted: August 6, 2019 Morgan Hill, California