The Supreme Court has not decided a case on school uniforms. However, most lower courts are siding with school districts that adopt uniform policies.

The push for school uniforms gained momentum in 1996 when President Clinton stated: "If it means that teenagers will stop killing each other over designer jackets, then our public schools should be able to require school uniforms." The president ordered the U.S. Department of Education to issue manuals on the efficacy of school uniforms. The manual (available on-line at the Department of Education Web site) states that school uniforms represent "one positive and creative way to reduce discipline problems and increase school safety."

One federal appeals court that recently upheld a school uniform policy in Louisiana gave the following explanation for its decision:

The School Board’s purpose for enacting the uniform policy is to increase test scores and reduce disciplinary problems throughout the school system. This purpose is in no way related to the suppression of student speech. Although students are restricted from wearing clothing of their choice at school, students remain free to wear what they want after school hours.¹

The same federal appeals court upheld a mandatory uniform policy in a Texas school district and rejected students’ First Amendment challenges to the policy. The court reasoned that the policy "was adopted for other legitimate reasons unrelated to the suppression of student expression."²

Though the trend among the courts seems to be in favor of uniforms, the policies will still face legal challenges. If a school district adopts a uniform policy, it would be wise to contain an exemption for those students with sincere religious objections. The district should also consider providing financial assistance to those students who cannot afford the uniforms.

¹ Littlefield, 268 F.3d at 287.

² Canady v. Bossier, 240 F.3d 437, 443 (5th Cir. 2001); see also Littlefield v. Forney Independent Sch. Dist., 268 F.3d 275 (5th Cir. 2001).

Last updated: Monday, September 6, 2010 | 12:20:35