I. PURPOSE
The purpose of this policy is to enhance the education of Moorhead Area Public School K-12 students by establishing expectations of dress and grooming that are related to educational goals and community standards.
II. GENERAL STATEMENT
A. The policy of Moorhead Area Public Schools is to encourage students to be dressed appropriately for the school day and any school-sponsored event. Appropriate dress is the primary responsibility of the student and the student's parent(s)/guardian(s). The school district is responsible for seeing that student attire does not interfere with the health or safety of any student, that student attire does not contribute to a hostile or intimidating atmosphere for any student, and that dress code enforcement does not reinforce or increase marginalization or oppression of any protected group.
B. The following is expected at all times:
1. A shirt (with opaque fabric in the front, back, and sides under the arms);
2, Pants/Jeans or the equivalent (skirt, sweatpants, leggings, dress, or shorts); and
3. Shoes.
C. Appropriate clothing includes, but is not limited to, the following:
1. Clothing appropriate for the school day and school-sponsored activities.
2. Clothing that does not create a health or safety hazard.
3. Clothing appropriate for the activity (i.e., physical education or the classroom or cocurricular activity).
4. Hair, including but no limited to hair texture and hair styles such as braids, locks, and twists.
D. Inappropriate clothing includes, but is not limited to, the following:
1. Clothing that exposes visible undergarments and other clothing that is not in keeping with community standards.
2. Clothing bearing a message that contains violent language or images, profanity, obscenity, or pornography.
3. Apparel promoting products or activities that are illegal for use by minors.
4. Objectionable emblems, badges, symbols, signs, words, objects, or pictures on clothing or jewelry communicating a message that is racist, sexist, or otherwise derogatory to a protected minority group, evidence gang membership or affiliation, or approves, advances or provokes any form of religious, racial or sexual harassment and/or violence against other individuals as defined in Moorhead School Board Policy 413: Prohibition of Harassment and Violence.
5. Any apparel or footwear that would damage school property or could be used as a weapon.E. Headgear, including hats or head coverings, are not allowed in the building except with the approval of the building administrator for reasons including but not limited to students undergoing chemotherapy, medical situations, student religious practice or belief, or class outside the building).F. The intention of this policy is not to abridge the rights of students to express political, religious, philosophical, or similar opinions by wearing apparel on which such messages are stated. Such messages are acceptable as long as they are not lewd, vulgar, obscene, defamatory, profane, or do not advocate violence or harassment against others.G. "Gang," as defined in this policy, means any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts, which has an identifiable name or identifying sign or symbol, and whose members individually or collectively engage in or whose members engaged in a pattern of criminal gang activity. "Pattern of gang activity" means the commission, attempt to commit, conspiring to commit, or solicitation of two or more criminal acts, provided the criminal acts were committed on separate dates or by two or more persons who are members of or belong to the same criminal street gang.III. PROCEDURES
A. When, in the judgment of the administration, a student's appearance, grooming, or mode of dress interferes with or disrupts the educational process or school activities, or poses a threat to the health or safety of the student or others, the student will be provided one of the following options:
1. Students will be asked to put on their own alternative clothing, if available at school, to be dressed according to policy for the remainder of the day.
2. Students will be provided with temporary school clothing to be dressed more to code for the remainder of the day.
3. The student’s parent or guardian will be contacted to bring alternative clothing for the student to wear for the remainder of the day.
B. The administration may recommend a form of dress considered appropriate for a specific event and communicate the recommendation to students and parent(s)/guardian(s). Moorhead Area Public Schools will not prohibit an American Indian student from wearing American Indian regalia, Tribal regalia, or objects of cultural significance at graduation ceremonies.
C. Likewise, an organized student group may recommend a form of dress for students considered appropriate for a specific event and make such a recommendation to the administration for approval.
D. No student will be affected by dress code enforcement based on a person's race, color, creed, religion, national origin, sex, age, marital status, familial status, or status with regard to public assistance, sexual orientation, or disability.
Legal References:
U. S. Const., amend. I
Minn. Stat. 124D.792 (Graduation Ceremonies, Tribal Regalia, and Objects of Cultural Significance)
Minn. Stat. 363A.03, Subd. 36a (Definition)
Tinker v. Des Moines Indep. Sch. Dist., 393 U.S. 503 (1969)
Stephenson v. Davenport Cmty. Sch. Dist., 110 F.3d 1303 (8th Cir. 1997)
D.B. ex rel. Brogdon v. Lafen, 217 Fed.Appx. 518 (6th Cir. 2007)
B.W.A. v. Farmington R-7 Sch. Dist., 554 F.3d 734 (8th Cir. 2009)
Madrid v. Anthony, 510 F.Supp.2d 425 (S.D. Tex. 2007)
Lowry v. Watson Chapel Sch. Dist., 540 F.3d 752 (8th Cir. 2008)
Hicks v. Halifax County Bd. of Educ., 93 F.Supp.2d 649 (E.D. N.C. 1999)
McIntire v. Bethel School, Indep. Sch. Dist. No. 3, 804 F. Supp. 1415 (W.D. Okla. 1992)
Olesen v. Bd. of Educ. of Sch. Dist. No. 228, 676 F.Supp. 820 (N.D. Ill. 1987)
B.H. ex rel. Hawk v. Easton Area School Dist., 725 F.3d 293 (3rd Cir. 2013)
Hardwick v. Heyward, 711 F.3d 426 (4th Cir. 2013)
Cross References:
Moorhead School Board Policy 413: Prohibition of Harassment and Violence
Moorhead School Board Policy 506: Student Discipline
Moorhead School Board Policy 526: Hazing Prohibition
MSBA/MASA Model Policy 504 (Student Dress and Appearance)