JDGA - School Uniforms

1. PURPOSE AND PHILOSOPHY

This policy outlines the procedures through which the school administration and/or parents/guardians of a school may propose the establishment of a School Uniform Dress Code for a particular school.  The Board of Education does not officially encourage or discourage school uniforms.  However, consistent with Utah law, the Board of Education authorizes school administrators and/or parents/guardians to adopt policies on school uniforms at the school level.  In order to propose the establishment of a School Uniform Dress Code, the school administration and/or the parents/guardians must demonstrate a legitimate need for school uniforms (i.e., to improve school safety and discipline, to avoid disruption of the learning environment, to curtail gang activity, to address concerns with discrepancies in students’ socioeconomic status, etc.).

2. DEFINITIONS

“School Uniform” means student clothing conforming to an approved School Uniform Dress Code, which may include clothing of designated colors and/or styles.

3. PROCEDURES FOR ADOPTING A SCHOOL UNIFORM DRESS CODE

An expression of interest in the consideration of a School Uniform Dress Code begins these procedures.  Such an expression of interest may be initiated by the principal, an individual parent/guardian, a group of parents/guardians, School PTA, or School Community Council.

This expression of interest shall be submitted to the school principal in the form of a petition with the signatures of at least twenty percent (20%) of parents/guardians of students at that school (one signature per family).

Once a petition has been submitted, the school principal, or his/her designee, shall facilitate discussions, meetings, and public hearings as are necessary and required by Utah law and this policy in order to assist in the orderly sharing of ideas, interests, and concerns regarding a School Uniform Dress Code.  The school principal, or his/her designee, shall also coordinate and conduct an election on whether to adopt the proposed School Uniform Dress Code.

Under the direction of the school principal, or his/her designee, a committee, comprised of not less than ten (10) people, will be formed to develop a proposed School Uniform Dress Code in compliance with Utah law and this policy.  The committee will include an equal number of teachers and parents/guardians, including representatives from the School PTA and School Community Council.  Secondary school committees should also include students.  The committee’s proposed School Uniform Dress Code shall include the following:

The reasons for a School Uniform Dress Code at the school;

A provision specifying whether the School Uniform Dress Code is voluntary or mandatory;

A description of colors and styles of clothing acceptable under the proposed School Uniform Dress Code;

Provisions to protect students’ free exercise of religious beliefs;

Whether or not the School Uniform Dress Code has an “opt-out” provision whereby parents/guardians may give written notice of their intent to not participate, for any reason, with the School Uniform Dress Code;

Consideration of the financial implications of the School Uniform Dress Code;

Provisions for financial assistance to families who cannot afford to purchase a required school uniform, which may include:

the school providing school uniforms to students;

the school making used school uniforms available to students; or

other programs to make school uniforms available to economically disadvantaged students;

A provision by which the principal may at any time during the school year grant an exemption from wearing a uniform to a student because of extenuating circumstances;

Provisions providing for procedures to appeal the denial of an exemption from the School Uniform Dress Code, or related complaint, which may utilize the procedures outlined in Nebo School District Policy No. KLD, Parent/Patron Dispute Resolution; and

A timeline for implementation.

Upon completion of the proposed School Uniform Dress Code, copies shall be distributed to the parents/guardians of students enrolled at and attending the school.  No sooner than one (1) week and no later than three (3) weeks after distribution of the proposed School Uniform Dress Code, at least one public hearing shall be held at the school under the direction of the principal, or his/her designee.  If changes are made to the proposed School Uniform Dress Code as a result of the public hearing(s), an amended proposed School Uniform Dress Code shall again be distributed to the parents/guardians of the students enrolled at and attending the school and a final public hearing will be held at the school under the direction of the principal, or his/her designee.

No sooner than one (1) week and no later than three (3) weeks following the final public hearing, the school shall hold an election for approval of the proposed School Uniform Dress Code.  Written notice of the election shall be distributed at least one (1) week prior to the date of the election.  The election shall take place at the school and the polls will be open for voting from 8:00 a.m. to 8:00 p.m.  Only parents/guardians of students enrolled at and attending the school are entitled to vote.  Each family shall receive one (1) vote and a record shall be kept of families which have voted.  Families not voting shall be mailed absentee ballots within one (1) week of the election and be given a date no sooner than two (2) weeks from the election date to return the absentee ballots to the school.

The counting of ballots, including absentee ballots, shall be overseen by the respective Elementary or Secondary Director, or his/her designee.  To be approved, the proposed School Uniform Dress Code must receive an affirmative vote from a majority of those voting at the election.

4. PROCEDURES FOR CHANGING OR ELIMINATING AN ADOPTED SCHOOL UNIFORM DRESS CODE

In order to retain, change, or discontinue an existing School Uniform Dress Code, a petition for such must be signed by at least twenty percent (20%) of the parents/guardians of the school (one signature per family).

Any proposal for a change in the existing School Uniform Dress Code shall follow the same procedures set forth in this policy, which includes the committee process in drafting the revised School Uniform Dress Code, distribution of the revised School Uniform Dress Code to parents/guardians of students at the school, and holding a public hearing(s).

After receipt of the petition, and complying with any other applicable procedures in this policy, the school principal, or his/her designee, shall hold an election, pursuant to the provisions of this policy, regarding the proposed retention, change, or discontinuance of an existing School Uniform Dress Code.  However, a vote to discontinue an existing School Uniform Dress Code may not take place during the first year of its operation.

5. GENERAL GUIDELINES

Pursuant to Utah Code Ann., §54-15-1102(4), a School Uniform Dress Code is not considered a fee for either an elementary or secondary school.  A School Uniform Dress Code may not include expensive or prescriptive clothing requirements.  School administrators may enforce compliance with an adopted School Uniform Dress Code in accordance with the existing discipline policies.

6. LEGAL CONSIDERATIONS

Courts have accepted the following as reasonable reasons to regulate dress when accompanied by supportive evidence: (1) promotion of a more effective learning climate; (2) an increase of campus safety and security; (3) a fostering of school unity and pride; (4) elimination of label competition; (5) assurance of modest dress; and (6) a minimizing of clothing costs for parents; and (7) other reasons reasonably related to the pedagogical purposes of schools.