THE SENATE	S.C.R. NO.	169
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DEPARTMENT OF EDUCATION TO REVIEW any and ALL POLICIES OR RULES RELATED TO DRESS CODES AND SCHOOL UNIFORMS TO ENSURE the full protection and guarantee of all CIVIL RIGHTS of students.

     WHEREAS, the State and the Department of Education (Department) leave the decision to implement dress code and school uniform policies to the individual schools; and

     WHEREAS, the State has demonstrated its willingness to accommodate the religious and philosophical beliefs of families when they conflict with school policy by granting waivers upon request in the matter of vaccines, through section 302A-1156, Hawaii Revised Statutes; and

     WHEREAS, the Board of Education, in BOE Policy #4410, Dress Code and School Uniforms Policy, further elaborated on the need to protect these rights by stating, in part:

     "Schools which wish to establish dress codes (including the adoption of uniform school attire) may do so provided that: the Constitutional rights of individuals are respected.";

     WHEREAS, the Department's current policy allows a student to request a waiver, but not necessarily to receive it; and

     WHEREAS, BOE Policy #4410 categorizes dress code and school uniforms as school policy; and

     WHEREAS, schools may enforce disciplinary action against a student who engages in school prohibited conduct, making it a class D offense under §8-19-6, Hawaii Administrative Rules; and

     WHEREAS, the federal Department of Education guidelines on school uniform policy states that an "opt out" provision is an important part of any mandatory school uniform code, and that schools that do not include a provision would make the code vulnerable to legal challenges; and

     WHEREAS, other states have adopted an "opt out" provision, such as the California Educational Code Section 35183, which states in part:

     "(e)  The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy."; and

     WHEREAS, the American Civil Liberties Union believes that parents may "opt out" for any reason or no reason at all, that the law does not permit the school to decide whether the reason is good enough, and that the school may not discriminate against students who do not participate in the school's uniform policy or provide rewards to students; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Department is requested to review and clarify any and all policies or rules related to dress codes and school uniforms, and to transmit this information to all public school administrators to ensure compliance with the students' civil rights; and

     BE IT FURTHER RESOLVED that in transmitting this information the Department is urged to reiterate that students may receive a waiver, with the consent of the students' parents, under the schools' dress and uniform policies; and

     BE IT FURTHER RESOLVED that the Department is requested to post on its website any dress code policies and rules, and a waiver request form that may be submitted by parents at any time during the school year, without prejudice; and

     BE IT FURTHER RESOLVED that the Department is requested to clearly state, on its website and on any related forms, that these dress code and school uniform policies and rules apply to all public schools statewide; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chair of the Board of Education and to the Superintendent of Education.

OFFERED BY:

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Report Title: 

BOE; DOE; Student Dress Code; Waivers