Court Unconvinced by Students' Constitutional Right to Violate Dress Code
by
Joseph C. Maya on Apr. 28, 2017
Other Education Civil & Human Rights Constitutional Law Criminal
Summary: Blog post about the constitutional right of a public school to impose and enforce a dress code on students.
If you have a question or concern about education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of Bryars v. City of Waterbury, students and their parents requested a temporary injunction, based on their claim that the school’s dress code policy violated their constitutional rights. In law, an injunction is a court order that keeps a person or organization from beginning or continuing an action threatening or invading the rights of another. An injunction can also be used to compel a party to carry out a specific action. In the case at hand, the students request a court order to keep the school from enforcing a dress code policy that was mandatory for all students.
The students had been suspended from school when they violated the schools dress code. One student, Teshana Bryar, was suspended from school for three days for wearing blue jeans in violation of the school dress code. She was arrested and charged with criminal trespass for attending class when she was suspended. The parents of these students allege violations of their constitutional right to parental autonomy and to free public education.
The court denied the students’ request for temporary injunction. The court found that the school dress code was rationally related to the legitimate educational interests in reducing distractions, creating safe environments, reducing clothing costs, promoting a sense of community among students, preparing students for the work environment, and enhancing the public perception of the school system. The court concluded that none of the students’ allegations were sufficiently backed by evidence to prove contrary to this finding. The claim was therefore found to be without merit.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Bryars v. City of Waterbury, 1999 Conn. Super. LEXIS 1741 (Conn. Super Ct. Jun 03, 1999)