Florida school district can require uniforms

By The Associated Press

08.26.02

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LAKELAND, Fla. — There's nothing unconstitutional about requiring students to wear uniforms to public schools, a federal judge said in tossing out a lawsuit challenging Polk County's school dress code.

The challenge was brought by more than 500 parents who opposed the district's 1999 order that students from kindergarten through eighth grade wear uniforms. It was among the nation's first mandatory uniform policies.

The plaintiffs contended that the policy infringed on their rights and the students' freedoms of expression and religion.

One concern of the challengers was the infringement of First Amendment rights of children who want to wear clothes that make patriotic, political or religious statements, such as U.S. flag T-shirts or one asking, "What Would Jesus Do?"

But last week U.S. District Judge James Whittemore in Tampa adopted an earlier federal magistrate's recommendation that sided with the school district.

The school board said it required students to wear uniforms to provide more discipline and to get students more focused on academics.

Students can choose to wear white or navy shirts with a collar. Some schools allow them to wear school T-shirts or shirts of specified colors. Bottoms can be black, navy, denim or khaki.

Violations have resulted in out-of-school suspensions.

"Two judges have now reviewed the uniform dress code, and they found it to be reasonable, rational and constitutional," said William Dufoe, a district lawyer. "Because of that, I think that (school) districts that are considering this type of policy would be encouraged."

The ruling, however, may not free the district from another part of the lawsuit that deals with whether enforcement of the policy has been consistent. A trial has been set for May to resolve that issue.

The dress code policy passed by a 4-3 vote after former Superintendent Glenn Reynolds, who has since retired, came up with the idea.

"I just felt that it was a good thing for the kids and the system," Reynolds said after the judge's recent decision. "I felt in my heart it was constitutional."

University of South Florida professor Steve Permuth said opponents of the policy likely will find it difficult to have Whittemore's ruling overturned. He said the ruling seems to be consistent with other federal decisions on whether school systems can dictate dress.

Since Polk County began requiring uniforms, school districts across the country have implemented similar dress codes.

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Parents across the South battle mandatory school dress codes
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