Daughter will be suspended over hair color

[TheGeekess]

Birmingham, Alabama BOE Dress Code:
APPENDIX V
BIRMINGHAM CITY SCHOOLS
Uniform Dress Policy
REVISED APRIL 2005
I. Statement of Policy All elementary, middle and high school students in Birmingham City Schools shall, within the parameters set forth below; enforce the mandatory uniform policy beginning in August 1996.
II. Conditions of Policy Students are required to dress in proper uniform attire. It will be the parents’ responsibility to ensure compliance with the uniform policy. All students who attend Birmingham City Schools must be in uniform.
1. All students will wear the designated school system attire. The clothing may not be altered by slits, cuts, holes, shredded hems, slashes, etc.
2. All students in Grades K-12 are required to use clear or mesh book bags/back packs only.
3. ID cards issued by the school are part of the required uniform and must be worn in a visible location above the waist at all times.
MANDATED ATTIRE - GRADES K-8
The designated uniform for students in Grades K-8 shall be:
Males:
• Solid white shirt with collar. No logos on the shirt other than the approved school logo. This must be a knit (polo) shirt, dress shirt, turtleneck, or mock turtleneck. The shirt must be uniform style. The shirt must be tucked in at all times.
• Navy blue or black pants, “walking” length shorts limited to 2” above the knee (NO DENIM).
• Sweaters - V-neck style, crew neck style, cardigan. No logos on the sweater. Solid Colors - Navy blue, black or white. No hoods may be worn during the school day. No logos on the sweaters.
• Solid black, navy, brown or white shoes with no markings in any color with closed toes and heels and matching shoestrings.
• Socks in solid colors of navy, black or white, visible above the shoes.
• Black, brown or navy belt.
• T-shirts worn under the uniform shirt must be solid white.

Females:
• Solid white blouse with collar. No logos on the blouse other than the approved school logo. This may be a knit (polo) shirt, blouse, turtleneck, or mock turtleneck. The shirt must be
uniform style. The shirt must be tucked in at all times.
• Navy blue or black pants, skirts, Capri pants, jumpers, “walking “ length shorts limited to 2” above the knee (NO DENIM).
• Sweaters - V-neck style, crew neck style, cardigan. No logos on the sweater. Solid Colors - Navy blue, black or white. No hoods may be worn during the school day. No logos on the sweaters.
• Solid black, navy, brown or white shoes with no markings in any color with closed toes and heels and matching shoestrings.
• Socks/tights in solid colors of navy, black or white, visible above the shoes.
• Black, brown or navy belt.
• T-shirts worn under the uniform shirt must be solid white.
• Solid navy blue or black shorts may be worn under a skirt provided they do not show.

MANDATED ATTIRE - GRADES 9-12
The designated uniform for students in Grades 9-12 shall be:
Males:
• Solid white or light blue shirt with collar. No logos on the shirt other than the approved school logo. This must be a knit (polo) shirt, dress shirt, turtleneck, or mock turtleneck. The shirt must be uniform style. The shirt must be tucked in at all times.
• Navy blue, black, or Khaki pants, “walking” length shorts limited to 2” above the knee (NO DENIM).
• Sweaters - V-neck style, crew neck style, cardigan. No logos on the sweater. Solid Colors - Navy blue, black or white. No hoods may be worn during the school day. No logos on the sweaters.
• Solid black, navy, brown, or white shoes with no markings in any color with closed toes and heels and matching shoestrings.
• Socks in solid colors of navy, black or white, visible above the shoes.
• Black, brown or navy belt.
• T-shirts worn under the uniform shirt must be solid white.

Females:
• Solid white or light blue blouse with collar. No logos on the blouse other than the approved school logo. This may be a knit (polo) shirt, blouse, turtleneck, or mock turtleneck. The shirt must be uniform style. The shirt must be tucked in at all times.
• Navy blue, black, or Khaki pants, Capri pants, skirts, jumpers, “walking “ length shorts limited to 2” above the knee (NO DENIM).
• Sweaters - V-neck style, crew neck style, cardigan. No logos on the sweater. Solid Colors - Navy blue, black or white. No hoods may be worn during the school day. No logos on the sweaters.
• Solid black, navy, brown, or white shoes with no markings in any color with closed toes and heels and matching shoestrings.
• Socks/tights in solid colors of navy, black or white, visible above the shoes.
• Black, brown or navy belt.
• T-shirts worn under the uniform shirt must be solid white.
• Solid navy blue or black shorts may be worn under a skirt provided they do not show.

Coats and jackets worn to school must be stored in lockers or other designated locations during the school day. Students sensitive to cold temperatures may include a sweater as part of the uniform as described above.

THESE ARTICLES OF CLOTHING OR STYLES OF DRESS ARE STRICTLY FORBIDDEN WHILE IN THE SCHOOL BUILDING:
• DENIM PANTS, SHIRTS, SHORTS, SKIRTS OR JACKETS
• OVER-SIZED PANTS OR SHIRTS
• PANTS WORN BELOW THE WAIST OR “SAGGING”
• CARGO STYLE PANTS
• OVERALLS OR COVERALLS
• SWEAT PANTS OR SWEAT SUITS, JOGGING PANTS/SUITS, WARMUP PANTS/SUITS, ATHLETIC PANTS
• KNIT, NYLON, SPANDEX, BIKING OR GYM SHORTS OF PANTS
• SPANDEX, NYLON OR KNIT TIGHTLY FITTED CLOTHES
• SKIN TIGHT DRESSES OR TOPS
• TANK TOPS, TUBE TOPS, HALTER TOPS, MESH TOPS, MIDRIFF TOPS
• SLEEVELESS TOPS
• SHIRTS WITH RUFFLES
• SHIRTS MADE OF SHINY MATERIALS
• TEE-SHIRTS OR TALL TEES
• HOODED JACKETS
• SUNGLASSES
• FOOTLESS LEGGINGS / FOOTIES
• THONGS / SLIPPERS / SANDALS / BARE FEET / EXPOSED TOES OR HEELS
• CLOTHING OR OTHER ITEM WITH OFFENSIVE, LEWD, VULGAR, OBSCENE LANGUAGE, SLOGANS OR PICTURES
• BUTTONS, JEWELRY OR OTHER ACCESSORIES CONTAINING LEWD, VULGAR, OBSCENE OR OFFENSIVE MESSAGES OR PICTURES OR WHICH DVOCATE/ADVERTISE USE OF DRUGS OR ALCOHOL
• SECRET SOCIETY, FRATERNITY OR SORORITY SYMBOLS OR LETTERING
• ROLLERS, COMBS, OR COSMETOLOGY CLAMPS
• POUCHES
• SCARVES / HEAD RAGS /DOO RAGS / BANDANNAS/ SWEATBANDS / HATS /
CAPS OR OTHER HEAD COVERINGS
• VISIBLE UNDERGARMENTS
• CLOTHING ALTERED BY CUTS,
SLITS OR HOLES OR THAT IN ANY WAY EXPOSES THE SKIN
• DETACHABLE GOLD TEETH OR FANGS (UNLESS REQUIRED BY A DENTIST WITH WRITTEN DOCUMENTATION ON FILE)
• ANYTHING ELSE THE PRINCIPAL OR DESIGNEE DEEMS INAPPROPRIATE OR DISRUPTIVE OF THE EDUCATIONAL ENVIRONMENT
http://images.pcmac.org/Uploads/BirminghamCitySchools/BirminghamCitySchools/Departments/DocumentsCategories/Documents/SCC FINAL 2005 FOR JO HOLLINS.pdf

(Bolding added)

So, I guess Administration can do what they want.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Alabama

My children go to a public school that has a strict uniform policy.They dictate everything that the children wear from the color of rubber bands in their hair,right down to the shoes. The shirts must not have more than 3 buttons, pants can't have a double stitched seam, no pockets on pants, belts can not be braided leather, socks must be crew length,etc..


I feel like the Public School has gone to far this time.Does my child have any rights ?

Sure, after her high school graduation. You signed the BOE's policy (as did Daughter*), so guess what?

*There's a form in the student handbook that each parent/student must sign and return to the school at the beginning of the school year.

 

[TheGeekess]

Just for grins and giggles, I've looked up Shelby County BOE's Dress Code:
Dress Code
Students are required to be neat, clean, and fully clothed at all times. Teachers and administrators will refer students to parents when clothing, jewelry, or grooming is questionable or inappropriate. Students who have questionable or inappropriate dress will not be allowed to attend class. The following items will serve as a minimum guide to acceptable dress for Shelby County students.
Any school modifying the Shelby County Board of Education Dress Code must obtain Superintendent approval.

All modifications must be presented in writing to students prior to enforcement.

Dress Code Guidelines:
A. Students are prohibited from wearing nose, tongue, eyebrow and body jewelry, and visible tattoos. Earrings, hairstyles, and other adornments that draw attention to oneself in a manner that may be disruptive to the educational process are also prohibited.
B. No obscene language and/or illegal substances advertisements (to include alcoholic and tobacco advertisements) may be worn on clothing or accessories.
C. Pants, shorts, and skirts must be worn at the waist and fit properly. Pants worn too low, too long, too large, too short, too tight, or too loose are not permitted. Skirts, shorts, and dresses must be mid-thigh or longer in front and back. No slits or leg openings may be above mid-thigh
D. Tucked in shirts are requested for grades K-5. No halters, backless dresses, midriff shirts, spaghetti straps, or cut-off shirts will be allowed.
E. Jackets and coats are to be worn in good taste. Generally, these are inappropriate to be worn in the classroom.
F. No hats, caps, head coverings, hair curlers, picks, or sun glasses will be worn in school.
G. Students are required to wear appropriate shoes at all times. Shoes with wheels are not appropriate for the school environment. No flip-flops will be allowed. Students are encouraged to wear tennis shoes for physical education.
H. Students’ clothing should be neat and clean and not in noticeable disrepair. Unhemmed (cut-off) shorts, skirts, shirts, or pants, inappropriate slits, or holes in clothing are not allowed.
I. Appropriate undergarments must be worn and not visible.
J. Students are prohibited from wearing any metal chains, metal spiked apparel, or accessories.
K. Students are to wear clothing in the manner it is designed to be worn, i.e., clothing worn backwards or inside out is not allowed. No excessively tight or revealing clothing, such as fishnet or see-through garments, may be worn.
L. Students are prohibited from wearing any sign, symbol, logo, or garment, which has become synonymous with any gang, cult, Satanism, or unauthorized club or organizational activity. This also includes any avenue for the promotion of products or activities prohibited by school policy or that is inflammatory and may generate negative feelings among the student body.

Principals shall have the discretion to determine the appropriate dress for special occasions.

Enforcement of Dress Code
Parents, teachers, and principals will strictly enforce the dress code. A student may be sent home to make any necessary alterations. Since this normally works a greater hardship on the parents and guardians than the students, parents are urged to supervise their child’s dress on a daily basis. We expect parents to take an active role in supporting this dress code.
(bolding mine)
http://www.shelbyed.k12.al.us/about_our_system/codeofconduct/ele_codeofconduct0809.pdf

Two different school systems in two different counties (Birmingham is in Jefferson County) with two different demographics (Birmingham is urban and the schools are 98% African-American, Shelby County is suburban and 89% Caucasian).

OP is still out of luck; it all boils down to what the principal or his designee think.

 

[Indiana Filer]

FYI, washing dyed hair with Dawn dishwashing soap will get the color out faster. It might dry out the hair, so use a deep conditioner afterwards.

My hair has been lots of different colors over my adult years, and some colors just didn't turn out as I expected, so I learned how to get rid of those colors.

 

[RRevak]

Original green Prell shampoo also works like a charm and doesnt dry as badly as Dawn does. Its cheap as all get up and can be found in any drug store. That should quickly solve your problem.

 

[Ohiogal]

TheGeekess, I stand by what I stated. You quoted state statute and I quoted the United States Supreme Court. Tinker vs. Des Moines. It is still good caselaw. They may have those standards and state law but I didn't see anything regarding hair dye in them.

There are also other portions there that are illegal and can be overturned:
From Shelby County:

F. No hats, caps, head coverings, hair curlers, picks, or sun glasses will be worn in school.

and from the State:

SCARVES / HEAD RAGS /DOO RAGS / BANDANNAS/ SWEATBANDS / HATS /
CAPS OR OTHER HEAD COVERINGS

Sorry but they can't get away with that.

 

[Perky]

"A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments."

Sorry but they can't get away with that.

I have to believe then that school dress codes must be difficult and expensive to challenge, because so many schools have them, and so many of them restrict hats, hair color, message t-shirts, etc. Perhaps the standard is low in proving that the dress code is necessary to protect the educational process.

I did find this on an ACLU website:
Youth & Civil Liberties Council

The Supreme Court has not ruled on the constitutionality of dress codes in relation to students 1st Amendment rights. Personal appearance and clothing may be constitutionally protected by the 1st Amendment if the clothing conveys a religious message or the clothing coveys a political message. It is generally not enough in the eyes of the court for a student to object to a dress code on the basis that it does not allow him/her to convey their individuality.

 

[Ohiogal]

I have to believe then that school dress codes must be difficult and expensive to challenge, because so many schools have them, and so many of them restrict hats, hair color, message t-shirts, etc. Perhaps the standard is low in proving that the dress code is necessary to protect the educational process.

I did find this on an ACLU website:
Youth & Civil Liberties Council

The problem is not with hats necessarily but with prohibiting ANY head covering. And they would have to show how this girl's streaks impede the educational process.

 

[TheGeekess]

The problem is not with hats necessarily but with prohibiting ANY head covering. And they would have to show how this girl's streaks impede the educational process.

If the administration of the school has determined that OP's daughter's hair streaks are causing a disturbance (for whatever reason) and/or they are against student dress code (and Mom and daughter had to sign the acknowledgement that they read the student handbook which includes the dress code), then they agreed to the terms and signed off on them. They can't plead ignorance of the rules, they've agreed to following them!

The Birmingham BOE dress code allows for exceptions because of religious (and a couple of unrecallable other) reasons, but those are handled on an individual basis.

 

[HomeGuru]

My question was.... Does the PUBLIC SCHOOL SYSTEM have the right to suspend my daughter over her hair style ???

**A: the answer is yes. If she belongs to the new religion Order of the Sacred Pinkheads, she may be able to demand that she is discriminated upon.

 

[Alex23]

I wish we could get those dress codes here in California. Something needs to be done about the baggy pants epidemic.

 

[Indiana Filer]

I wish we could get those dress codes here in California. Something needs to be done about the baggy pants epidemic.

Our school district loves duct tape. Baggy pants get a duct tape belt. Holes in clothes get a duct tape patch.

 

[AHA]

What is the name of your state (only U.S. law)? Alabama

My children go to a public school that has a strict uniform policy.They dictate everything that the children wear from the color of rubber bands in their hair,right down to the shoes. The shirts must not have more than 3 buttons, pants can't have a double stitched seam, no pockets on pants, belts can not be braided leather, socks must be crew length,etc..

My problem is with my 13y/o daughters hair. For her birthday I put in some temporary pink highlights that will wash out in 6 weeks.Her hair is medium brown so the colored streaks are very subtle and look redish on her dark hair.

I got a letter today from the school demanding that I dye her hair or she will be suspended from school. I refuse to put permanent dye on her long, baby soft hair. The only reason that I did the highligts is because it's a small portion of her hair and it will wash out without causing damage.

Can the school really suspend her over this? What gives them the right to tell me how my child can style her hair? She is a straight A, honor roll student , and in the gifted program. She has never once been in trouble at school and is now facing suspension because she wanted to express her individualism .

I feel like the Public School has gone to far this time.Does my child have any rights ?

Why in God's name did you color her hair, when you knew (and had agreed to) that is was unacceptable in her school??????

 

[ErinGoBragh]

Sounds like OP didn't know about the policy before she did it. Ignorance is no excuse, although I do think the school is blowing it out of proportion.

OP, I would suggest washing it out as another poster has previously stated and, if your daughter wants to get her hair streaked for times outsides of school, get one of the color wax products hair salons carry sometimes (PM me if you want a specific brand name). I use that type of product all the time to streak my hair blue, red, pink, etc for parties, and it washes out in the shower so I can look presentable for the office the next day.

Yes, it may be a violation of first/fourteenth amendments, but unless you have thousands upon thousands and lots of time to throw at such a lawsuit, it's probably not worth it.

 

[Alex23]

Our school district loves duct tape. Baggy pants get a duct tape belt. Holes in clothes get a duct tape patch.

That must hurt when you take them off.