Lesson 7: Student/Youth Due Process

Should students have the right to dress as they want?

Traditionally schools had been given wide latitude in imposing restrictions on dress, hairstyles and use of cosmetics. This remained true until the Supreme Court upheld students' first amendment right to freedom of expression in the Tinker case. As a result of Tinker, students were able to bring school dress codes under constitutional scrutiny by viewing dress as a form of expression. Applying the Tinker rationale, schools had to at least demonstrate that the particular regulation regarding dress was reasonably related to the school's legitimate need to maintain order and discipline before abridging a student's freedom of expression. In most instances however, the balancing test from the Tinker analysis is struck in favor of the school, allowing the school much discretion in regulating student appearance.

In this lesson, students will explore the arguments supporting and opposing the institution of dress codes in school through a radio show panel discussion and a school board meeting. The relevant issues can be presented in either format or both, depending on time constraints and the needs of the class. The goal is to expose students to as many formats as possible for learning new material and enriching the classroom experience.

After a panel discussion and school board meeting concerning a school dress code, students will be able to:

• Explain the arguments supporting and opposing the right of students to dress as they want.
• Take a position on whether students should be able to dress as they want.

Handout 7.A "WKRP in Utopia"

Handout 7.B "School Board Meeting"

2 class periods

Distribute Handout 7A "WKRP in Utopia." Select six students to participate in the panel discussion during a previous lesson, so students have time to prepare their arguments outside of class.

All students should be ready the day of the panel discussion. Instructions on the Handout should be closely followed. The simulation can be authenticated by bringing in audio equipment that a radio station would use, and making an audiotape of the panel discussion. The moderator should announce that he is from WKRP in Utopia and then begin the discussion with the panel seated in the front of the room facing the class. At the conclusion of the broadcast the moderator should say goodnight from WKRP. After students have completed the panel discussion, have them explain their answers to the following questions.

Distribute Handout 7B "School Board Meeting." The teacher can choose to conduct either a panel discussion or a school board meeting. The teacher may also use both formats to present the issues raised by a dress code and adapt the panel discussion and school board meeting accordingly.

The school board meeting should be called to order. At all times during the meeting students should remain within their assigned roles. Students will be free to speak within these roles, but must be courteous and respect everyone's right to speak while arguing the issues.

At an appropriate point during the meeting, the teacher should call for a brief (five minute) recess. While the meeting is in recess, students will have an opportunity to talk to each other and try and influence one another about the dress code.

Before the end of the meeting, everyone will vote on whether or not to adopt the dress code. Students will vote within their roles. The results of the voting will be announced and the meeting will be adjourned.

At the conclusion of the meeting, students should explain their answers to the following questions:

Write a magazine article about school dress codes that presents a balanced viewpoint reflecting arguments on both sides of the issue.

Linguistic: Students should create a class newspaper presenting the various positions on whether there should or should not be dress codes.

Hold a debate on whether students should wear uniforms.

Students should brainstorm a list of clothing that they think is inappropriate to wear to school.

Logical/Mathematical: Students should engage in scientific research to determine the various materials that clothing consists of and why angora sweaters have been banned as a fire hazard.

Spatial: Students should design T-shirts or draw cartoons that express their views about student dress codes.

Kinesthetic: Hold a press conference following the school board meeting or panel discussion, about the adopted student dress code.

Musical: Students should do whatever research they can to determine if there have been any songs that deal with dress codes.

Interpersonal: Divide students into equal sized groups. Each group will develop their own dress code. The groups will then meet together and try to reach consensus about the dress code. The goal will be to develop a dress code that everyone can support.

Intrapersonal: Students should discuss their feelings about being required to wear uniforms.

"WKRP in Utopia"

WKRP is the local radio station in Utopia Valley. The owner of the station also serves on the school board and devotes some of WKRP's programming to educational matters. The station has somehow gotten its hands on a recent incident report from Utopia Junior High School where the owner's son is in the eighth grade. The incident report for the month of September reads as follows:

• September 10, 1997 10:30 A.M. Hallway fight over rival teams between two students wearing team jackets.
• September 16, 1997. One teacher announces to class that students will no longer be allowed to enter class with hats or backpacks. Students object and walk out of class.
• September 24, 1997 3:00 P.M. Student assaulted on school grounds by other students who wanted the victim's new Air Jordans.
• September 26, 1997 3:30 P.M. Parent picking up child witnesses student wearing a rock 'n roll t-shirt with a demonic symbol on the back and complains to the principal.
• September 29, 1997. One afternoon a police officer visiting the school as part of an anti-drug program, is shocked to see students wearing shirts with pictures of marijuana leaves on them and scolds students at an assembly.

Now that these incidents have become known in the community, school administrators have met concerning these and other related problems. The have devised the following guidelines:

In order to promote the safety, health, and positive educational environment of students and staff at Utopia Elementary School, the administration with the approval of the school board will adopt this dress code policy:

A warning will be given upon the first violation (breaking) of the dress code. A second violation will lead to detention. A third violation results in Saturday detention. A fourth violation results in a two day suspension.

The dress code has become a hot issue in Utopia. WKRP thinks that a show about the dress code will be a real ratings grabber and please sponsors. The station believes that the issues should be presented in a mature and informative, yet entertaining format. They have decided to hold a panel discussion and have invited prominent local residents, who are also experts in a number of areas, to participate.

The members of the panel will be:

• Civil liberties lawyer Ann/Andy Archy: Believes dress codes violate a student s freedom of expression. Strong advocate of first amendment rights. Wrote a widely read law review article defending the students in Tinker.

• Former military officer and leader of the Christian Right movement Reverend Lloyd/Lana Lovejoy: Believes that uniforms set a positive tone for the school and instill students with important values such as obeying authority and discipline. Concerned that a lack of discipline contributes to a deterioration of the community's moral values. Takes great pride in the fact that his/her own children graduated from Military School where they wore uniforms every day. Also disapproves of the attire that many teenagers have been wearing to church and other houses of worship.

• Psychologist Dr. Joyce Sisters: Believes that dress codes affect students emotionally and have to be worded carefully not to offend anyone. Understands how a student feels about dress but also realizes the school's need to maintain discipline.

• Student Representative Johnny/Jenny Reb: Believes that students should have as few rules as possible. Has a tendency to deliberately break school rules that he/she thinks are unfair. Feels that school should be an open forum for students to express themselves.

• Conservative school board member and local politician Connie/Conrad Conservative: Believes in more discipline in the schools. Feels that schools should insist that students obey rules more often. Considers many of the students' clothing with pictures and symbols inappropriate.

• Moderator Ted/Tammy Koeppelman: Believes the moderator's job is to see that a balanced view of the issue is presented and each side is treated fairly and equally.

Each panelist will prepare arguments either supporting or opposing the dress code. The Utopia School Board is scheduled to meet next week to vote on the dress code and will be persuaded by what is said at the panel discussion.