The Board of Trustees 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 causes a substantial disruption to the educational program.
(cf. 4119.22/4219.22/4319.22) - Dress and Grooming)
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)
In addition, the dress code shall not discriminate against students based on hair texture and protective hairstyles, including, but not limited to, braids, locks, and twists, (Education Code 212.1)
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 code may result in disciplinary action.
(cf. 5144 - Discipline)
Legal Reference:
EDUCATION CODE
212.1 Nondiscrimination based on race or ethnicity
220 Nondiscrimination
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
COURT DECISIONS
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 ORINDA UNION SCHOOL DISTRICT
adopted: January 25, 1999 Orinda, California
revised: April 7, 2008
revised: March 11, 2019
revised: June 10, 2019
revised: November 4, 2019