Running Head: Policies in Education

Eboniee Rose
Edu 210
Policies of Education
Due: October 24, 2015
Students Rights and Responsibilities

Many schools have different policies and procedures. One particular school in the

northeastern part of the U.S has a policy against anything that is related to gang symbols. The

policy states that students cannot wear jewelry, emblems, athletic caps, and earrings. Due to the

fact that there is a high volume of gang activity surrounding the school is how this policy took

place to be implemented. A student by the name of Bill Foster wanted to impress the female

students by wearing an earring in his ear. Due to his actions he was suspended. Foster is not in

anyway related to any gang. Bill did file a suit, and throughout this paper will discuss the reasons

why and why werent Bills rights violated.

Self-expression is protected under the First Amendment. Self-expression includes verbal,

written, and symbolic expression. Symbolic expression is used to convey a message, support a

cause, etc. For Example students can wear rainbow colors to signify gay rights. In a way Bills

rights were violated due to the fact wearing an earring was his way to express himself. In

addition to that Bill is not apart of any gang affiliation. Because he was not representing

anything, just merely wanted to attract female students makes his freedom of expression

violated. A case relating to this situation is Doe v Brockton School Community. In this situation a

male student who defined himself as a female, expressed himself by wearing female clothing.

This was against the schools policy, however, the circuit court in this area found that because his

actions werent a disruption that is was okay for him to continue dressing in female clothing.

Also the school was in violation of sex-discrimination as well as the First Amendment.

The case of Tinker v Des Moines deals with a situation of violation of the First

Amendment. Three siblings decided to wear bands around their arms in a silent protest against

the Vietnam War. The school immediately put in effect that if they were to wear them again, they

would be suspended. They did and their suspension took place right then. The Supreme Court
Students Rights and Responsibilities

ruled that the suspension was unconstitutional because the Tinker siblings were expressing

themselves, not did it cause any disruption. Bill wearing an earring to school was not disruptive

in anyway.

Because the school has embedded policies of dress code makes the action of Bill in

violation of school rules. The case of Botoff v Van Wert deals with a situation that a student was

negligent to the schools dress code. A student wore a shirt with a three-faced Jesus, the word LIE

bolded inside of believe, and other illustrations on the shirt. The school found it offensive as well

as it did not coincide with the schools educational mission. Similarly the school Bill attends has

an educational mission that would like to deter away from gang violence, activity, and affiliation.

The school also feels as though wearing any thing that may resemble being in a gang shall be

prohibited. Since Bill wore the earring, he didnt follow the dress code rule.

Based of the facts of what was stated above, Bill was not in violation of anything.

Because freedom of expression is a First Amendment right, the school suspending him, neglected

to preserve that right. In addition to that, Bill whom is not apart of a gang wasnt representing a

gang. Due to this key factor, he should not have been suspended.
Students Rights and Responsibilities

References

Botoff v Van Wert City Board of Education 220 F.3d 465 (6th cir 2000) cert denied, 532, U.S 920
(2001)
Botoff v. Van Wert City Board of Education, 240 F.3d 465 (6th Cir. 2000). (n.d.). Retrieved
October 24, 2015, from http://www.firstamendmentschools.org/freedoms/case.aspx?id=1685
Doe v Brockton School Committee, 2000 WL 33342399 (Mass. App. 2000)
GLAD / Our Work. (2000). Retrieved October 23, 2015, from
http://www.glad.org/work/cases/pat-doe-v-yunits/
Tinker v Des Moines Independent School District 393 U.S 503, 506 (1969)
Underwood, J., & Webb, L. (2006). Student Rights. In School law for teachers: Concepts and
applications (pp. 120, 124-125). Upper Saddle River, N.J.: Pearson/Merrill Prentice Hall.