School Dress Code Law in the 90's: 'Tinkering' with Fashion and Gangs.

Dress codes directed at gang attire present school officials with the dilemma of ensuring the safety of the students in a school environment versus the First Amendment rights of students to express themselves. A review of some of the court decisions limited to freedom of expression and general dress code cases serves as a foundation from which to discuss gang attire dress codes. The U.S. Supreme Court Case of "Tinker v. Des Moines 1969" is considered a landmark case in student freedom of expression. The courts have been divided in dress code cases and in their response to lawsuits over the right of students to wear hair at a length of their choosing. In southern California, many school boards have passed policies that specifically address gang attire. An examination of the actual policies of five intentionally unidentified school districts in southern California reveals policies that, because of their vagueness, may eventually lead a school district into court. Six guidelines for schools and districts to follow in establishing dress codes are provided. In addition, regarding association dress codes aimed directly at gang attire, districts are advised that the dress code should address those items of clothing that are not worn by the student population in general, and reference to specific professional sports teams clothing should not be included. (Contains 16 references.) (MLF)