ILLINOIS STATE BOARD OF EDUCATION

Quality Assurance

217/782-3852

 

 

 

DATE: December 30, 1999

 

 

 

M E M O R A N D U M

TO: The Honorable James "Pate" Philip, Senate President

The Honorable Emil Jones, Senate Democratic Leader

The Honorable Michael J. Madigan, Speaker of the House

The Honorable Lee A. Daniels, House Republican Leader

FROM: Glenn W. McGee

State Superintendent of Education

SUBJECT: Report on School Dress Code

Pursuant to House Resolution 0266 by the House of Representatives of the Ninety-First General Assembly of the State of Illinois, the following information is presented on school dress code policies.

 

 

 

 

 

cc: Governor George Ryan

Tony Rossi, Clerk of the House

Jim Harry, Secretary of the Senate

Legislative Research Unit

State Government Report Center

Introduction

As resolved by the House of Representatives of the Ninety-First General Assembly of the State of Illinois, House Resolution 0266 sought to have local boards of education institute strict dress code policies in an effort to eliminate inappropriate symbols, establish an environment conducive to learning and reduce or prevent violence. Pursuant to House Resolution 0266, a reporting form (ISBE 31-91) was developed and sent to each school district along with a copy of House Resolution 0266.

In response, three hundred six (306) school districts completed the form. The respondents included fifty-two (52) elementary districts, forty-three (43) high school districts and two hundred eleven (211) K-12 school districts. The following is a breakdown of responses for each type of school district, along with examples of actual dress codes adopted by local boards of education.

Elementary Programs

Fifty-four (54) of the responses received from the one hundred six (106) elementary programs indicated dress code policies of a very general nature that were incorporated into a statement of one or two paragraphs in length. An actual example of such a policy is as follows:

Student Dress and Grooming Each student should make every effort to be clean and neat in appearance and use good judgement in the selection of proper clothing for school. Student dress should not jeopardize the student's health and safety or the health and safety of others. A student's dress may not provide a distraction from the educational activities of the school. Any student whose appearance or dress is deemed to be distracting or hazardous will be required to change the affected clothing. The entire teaching staff of each school is responsible for enforcing acceptable standards of dress for students. Final responsibility shall rest with the building principal.

Forty (40) of the elementary districts submitted policies which listed specific attire that was considered inappropriate for school attendance. An actual example of such a policy is as follows:

We believe that a clean, appropriately dressed student will be better mannered. It is for this reason that we frown upon inappropriate attire that will create a gaudy and unwholesome appearance. Normally, students would be expected to dress in traditional attire appropriate for school. The administration shall decide whether deviations from the foregoing requirements are not in keeping with the standard of education. Students who do not meet these guidelines will contact their parents for a change of clothes. Students who cannot reach parents may be kept out of classes if the clothing cannot be changed.

The following guidelines pertain to dress during the school day and at school-sponsored activities. Changes in attire for special functions will be announced.
    1. Basic style attire--shirts, blouses, slacks including jeans, dresses, skirts and some types of shorts--are acceptable.
    2. Shorts and skirts must be at least below mid-thigh. The "finger tip" test may be used to determine acceptable length. Skirts with slits will be measured at their shortest point.

The following attire is considered inappropriate for school. These apply to both boys and girls. Individual exceptions and clarifications are noted.
    1. Shirts exposing the midriff including tube and halter-tops. Shorter length shirts are acceptable as long as they are cut at waist length or longer when worn normally.
    2. Tank tops (including spaghetti strap clothing).
    3. Clothing designed as underclothing including thermal underwear and boxer shorts.
    4. Mesh knit shirts or transparent blouses (unless worn with appropriate shirt underneath).
    5. Clothing with inappropriate words, comments, pictures including:
      1. Clothing which expresses anti-social, immoral or illegal behavior.
      2. Clothing which displays obscenities or which suggest such.
      3. Clothing which, in any way, shows disrespect for any race, creed, color, nationality or sex.
      4. Clothing (or symbols) which display occult or gang association.
      5. Clothing which displays or promotes alcohol or drugs (narcotics).
      6. Clothing with patches inappropriately placed.
    1. Clothing with holes or clothing that is ripped, torn or frayed. This includes items purchased this way including "torn blue jeans."
    2. Headbands, bandannas, scarves (except when worn as outdoor wear due to weather).
    3. Bib overalls and/or suspenders must have both shoulder straps on their shoulders snapped, hooked and/or buttoned.
    4. Wallet chains.
    5. Jackets may not be brought or worn to class. In the event of adverse climate conditions, exceptions may be made.
    6. Shoes must be worn at all times.
    7. Hats are not to be worn inside the building. Hats should be removed immediately upon entering the building and should not be put on until exiting the building.
    8. Sunglasses are not to be worn inside the building unless they are prescribed and have been approved through the Nurse's Office.
    9. The regulation P.E. uniform is required for physical education classes.

 

A total of 12 elementary school districts indicated that they had no adopted board policies on dress codes for students. In most cases, these 12 elementary districts were small districts of less than 250 to 300 pupil enrollment in rural areas. One of the respondents indicated House Resolution 0266 does not address the needs of a rural K-8 district of less than 200 students where student behavior is not a disruptive factor in safety or academic performance as it relates to student dress. However, two of the 12 districts did indicate plans to form a parent advisory committee to review the issue in order to formulate a possible dress code policy.

High School District Programs

A total of forty-three (43) high school districts responded to the questionnaire, eleven of which again indicated dress code policies into a general statement of one or two paragraphs in length. The following is an actual example of such a guideline:

The mode of dress and grooming reflect the student's feelings of self-respect and dignity; consequently the primary responsibility for acceptable dress and grooming rest with each student and his/her parents. The rules and regulations, which govern student dress, are sufficiently permissive to allow diversity of taste, fashion and individual preferences.

School officials are responsible for maintaining an orderly school and have the obligation to prevent any activity which interferes with the learning climate. It is always within the province of school authorities to regulate, prohibit and punish acts that undermine the school's operational philosophy. There is a strong correlation between dress and behavior; and if students are to receive the finest education we can offer, it is paramount that they dress appropriately. Clothing and styles may not be dangerous, may not be a threat to the property of the school and others, or may not threaten health standards. A student's appearance may not cause the disruption of the functioning of the school.

The remaining thirty-two (32) high school districts submitted policies which again gave examples of specific attire which was considered inappropriate for school attendance. The following is an actual example of such a policy:

We believe that a helpful guideline is to wear the clothing the way it was intended to be worn. The following examples do not contribute to the learning environment and are unacceptable:
    1. Clothing with messages that contain profanity, suggestive material, alcohol and tobacco advertisements (product names and/or symbols), reference to illegal controlled substances, or other questionable statements. In addition to clothing, personal items such as backpacks, book bags, signs, etc. are included.
    2. Clothing that exposes a bare midriff or back including tube tops, halters, tank tops, see through and mesh apparel, or similar type of clothing.

      3. a. If when arms are raised above the head, a bare midriff or back is exposed, the apparel will be considered unacceptable.

      b. Tank tops may only be worn if apparel is worn underneath and completely covers the shoulder area (arm to the base of the neck).

    3. No exposed underwear.
    4. Unbuttoned shirts or blouses.
    5. No shoes.
    6. Extreme skirt lengths (too short) and shorts.*
    7. Revealing clothing inappropriate for school use.
    8. Hats, headbands, etc., are not to be worn inside school buildings during school hours.
    9. Clothing that is torn, ripped or has holes in it.
    10. Any type of apparel, accessories, etc., that could cause injury to an individual or other students is prohibited.
    11. Students are expected to adhere to reasonable standards of personal grooming. Grooming that may distract or offend teachers and/or other students will not be tolerated.
    12. Coats are not to be worn in class unless permission is granted by the teacher.

*To clarify #6 of the above, the following criteria will be used in application of the rules:
    1. Shorts are defined as any type of apparel with divided legs that are worn above the bottom of the knee (females). This includes split skirts, culottes, etc., or similar clothing. Male pants or trousers are to be ankle length.
    2. Skirts worn above a point where extended arms and fingertips strike a female student's legs are considered short.

Seasonal: Shorts, culottes, split skirts or similar clothing will be allowed during the months of August, September, May and June provided they comply with the following:

    1. The length of the shorts must meet the provisions of #6.2 of the dress code. They cannot be worn above a point where extended arms and fingertips strike a student's legs and must have an inseam of no less than four inches.
    2. No cut-offs. All shorts must be hemmed or cuffed along the bottom.
    3. No Spandex, Lycra, stretch shorts may be worn.

All other provisions of the dress code will be enforced. Shorts will be the only exception. The faculty and administration reserve the right to judge appropriate and tasteful dress. Students will be sent home and/or parents contacted whenever unacceptable clothing is worn.

 

Administrative Statement on Dress Code

Metal plates or cleats on shoes are not allowed because of damage to the floors and furniture. The administration reserves the right to prohibit any form of dress that is considered hazardous, unhealthy or is a distraction from the proper learning environment.

Fifty-seven (57) of the responses received from K-12 district programs indicated dress code policies of a general nature that also were incorporated into a statement of one or two paragraphs in length. This type of policy would be best characterized by the following example:

District Policy States: All students shall present themselves in a neat and orderly manner. At no time will students be allowed to wear any article of clothing, which in its appearance is objectionable, profane or suggestive. At the direction of the administrator, any article of clothing that is deemed unsafe, unhealthful or detrimental to the educational process shall be removed or changed. If the student fails to comply, the administrator shall exclude the student from the school.

In addition, Administrative Procedure gives each school building the authority to specifically address clothing types, styles and articles that would be considered unacceptable. Student handbooks, which are approved by the board of education annually, also indicate that gang related dress will be considered disruptive and specific consequences would be given as a result.

Most noticeably, seventeen (17) responses from K-12 district programs were exactly the same. These seventeen (17) appear to be policies based on language recommended by an advisory service available to local school districts. An actual example of this policy, along with case law reference is as follows:

Student Appearance

Students' dress and grooming must not disrupt the educational process, interfere with the maintenance of a positive teaching/learning climate, or compromise reasonable standards of health, safety, and decency. Procedures for handling students who dress or groom inappropriately will be developed by the Superintendent and included in the Parent-Student Handbook.

Legal Reference:

Chandler v. McMinnville School Dist. 978 F.2d 524 (9th Cir.1992)

Karr v. Schmidt, 460 F.2d 609 (5th Cir. 1972)

Oleson by Oleson v. Board of Education, 676 F.Supp. 8 (N.D. Ill. 1987)

  

One hundred thirty-seven (137) K-12 school programs submitted policies that identified or listed specific attire which was considered inappropriate for school attendance. The following two examples represent such a dress code, both from a small rural 250 student population school district and a larger 2,800 student school district. The first example represents the smaller school district and the second is from the larger district.

First example:

Dress and grooming shall neither present a risk to the health, safety or general welfare of students in the school nor interfere with, nor disrupt, the educational environment or process.
    1. Dress and grooming shall be consistent with educational objectives and not promote alcoholic beverages, illegal drugs, tobacco, or illegal or violent behavior.
    2. Dress, grooming and accessories shall not display lewd, vulgar obscene, offensive language or symbols.
    3. Bare shoulders, bare backs, and bare midriffs are unacceptable.
    4. Appropriate footwear must be worn at all times.
    5. Hats, coats, bandannas, sweatbands and sunglasses shall not be worn in the school building during the school day.
    6. Book bags shall not be carried from class to class during the school day.
    7. Spiked apparel, accessories, and/or chains may not be worn.
    8. Clothing made of fishnet fabric or clothing with holes that expose the chest, abdomen, genital area, buttocks, undergarments or the leg above mid thigh, shall not be permitted.
    9. Ragged hemlines or cut-off hemlines that drag the ground shall not be worn.
    10. Pants and shorts must be worn at the waist, not below the waist.
    11. Tattoos that violate any of the provisions of the Student Dress Code must be covered at all times while students are on school property and/or in attendance at school-sponsored activities.

Students who violate the Student Dress Code shall be immediately required to change their attire into something appropriate. Absence to change clothing is not an excused absence.

Second example:

Proper student dress is basically the responsibility of the student and his/her parents. However, a student's dress and grooming must be in the best interest of the school with respect to health, welfare and safety of each individual, the student body as a whole and school property. It must not interrupt the orderly process of the school or cause distraction from the process of education. For these reasons the following items must, or must not, be worn by students: 
    1. No cleats on shoes, boots or any other footwear.
    2. No signs, symbols or insignias which call attention to or promote the use of or indulgence in liquor, drugs, gang symbols, sex or other illegal or illicit activity.
    3. Shoes must be worn in the school building at all times except when changing in physical education or other physical activity class.
    4. Sleeveless shirts worn normally as an undergarment should not be worn as an outer garment. Sleeveless shirts must have at least 2-inch straps and cannot have overly large arm and/or neck holes.
    5. All students should be neat and clean in appearance.
    6. All grooming should be done in restrooms or locker rooms.
    7. Shoes worn as street shoes are not to be worn on the gym floor.
    8. Length of blouse/shirt should allow no midriff to show.
    9. Hats and headgear are not to be worn in the school building during the regular school hours of 7:45 a.m. until 4:00 p.m.
    10. Cut-offs and shorts should be appropriate for school wear.
    11. Knives, firearms, weapons, materials considered unsafe or unhealthy, and fireworks, including caps, may not be on the student or be among his/her personal belongings on the school grounds or at school grounds or at school related activities.
    12. Students engaged in gang-related or unauthorized group activities and/or engage in activities which may perpetuate gangs or unauthorized groups, may include, but are not limited to dress (style and/or colors), symbols, recruiting, requesting dues, intimidation and/or threats.
    13. No wallet chains or any other similar apparatus may be worn or utilized.
    14. Sunglasses may only be worn if medically prescribed. The prescription must be on file in the office.
    15. No coats or jackets are allowed to be worn in the classrooms.

Conclusion

In response to House Resolution 0266, a total of only three districts indicated actual changes in their dress codes. Each of these changes were minimal. One involved chains on wallets and the other two involved the banning of sunglasses. However, a total of forty-seven districts indicated the establishment of parent advisory committees or requested parental input in assessing current policies or the formulation of new policies. While most of these districts indicated that they did not have any known gang activity in their communities, they indicated that they would investigate the formulation of dress code policies which would address specific attire which would help to lessen dress as a competition and distraction.