Section 7.9 Dress Code

• Library: School Law (2003 Ed. + 2016 Supp)

C. (§7.9) Dress Code

The Eighth Circuit Court of Appeals has held that students have a constitutionally protected right to maintain their appearance in accordance with their own wishes, a right that can be restricted by school officials only on a showing of disruption or interference with the educational program. Bishop v. Colaw, 450 F.2d 1069, 1075–76 (8^th Cir. 1971). But the Supreme Court of Missouri, differing with this view, has held that a school may refuse to permit a male student to attend school solely on the basis of his hair length. Kraus v. Bd. of Educ. of City of Jennings, 492 S.W.2d 783, 786 (Mo. 1973). The Court in Kraus did not address the First Amendment claims directly; rather, it focused its discussion on other authorities that upheld such dress code regulations. Id. at 785–86. There was an obvious reluctance on the part of the Supreme Court to interfere with efforts by school officials to administer the schools in accordance with their own best judgment.

In Olesen v. Board of Education of School District No. 228, 676 F. Supp. 820 (N.D. Ill. 1987), the court upheld the suspension of a male student for wearing an earring. The court upheld the...