SUBMITTED BY: Dr. Jillian Whatley, Executive Director of Student Support

Services

_____ New Policy/Regulation/Exhibit

_____ Review of an Existing Policy/Regulation/Exhibit

__X__ Revision of an Existing Policy/Regulation/Exhibit

_____ Rescission of an Existing Policy/Regulation/Exhibit

Summary of Proposed Action: (Indicate why action is necessary and the

event of coordination accomplished in developing the proposal.)

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and Title IX of the Education Amendments Act. In August 2020, the Eleventh

Circuit Court of Appeals held that a school board’s bathroom policy – requiring

students to use bathrooms associated with gender assigned at birth – discriminated

against transgender students in violation of both Title IX and the Equal Protection

Clause. See Adams v. School Board of St. Johns County, 968 F.3d 1286 (11th Cir.

2020). The Court took direct aim at gender stereotypes and their impact on both

“appearance and behavior” in a way that directly implicates dress code policies.

The U.S. Department of Education recently opened a Title IX investigation into

whether the same school district in the Adams case has been discriminating against

female student in its enforcement of the district’s dress code. Similar allegations

The policy re-write is also intended to protect female students from discrimination

on the basis of sex in connection with dress code enforcement, with language that

directly confronts the problematic notion that certain articles of female clothing are

inherently “distracting” to male students in a way that involves body-shaming and

blaming of females.

The policy re-write incorporates certain elements of the existing policy, including all

language that prevents clothing and accessories which include speech not protected

by the First Amendment. The policy also allows school-level principals to adopt

uniform requirements at the school level, provided they are consistent with the

dress code policy (e.g., they must be gender neutral).

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have a disruptive effect on the educational environment in a school, adversely

affect student learning, and present risks which threaten the health, safety,

establishes this student dress code policy as a means of providing an environment

that enables all students to maximize their educational opportunities.

The Clarke County Board of Education believes equitable educational opportunity is

best supported by allowing students to dress comfortably for school in a manner

consistent with their personal identities and values. This dress code and any

school-specific uniform requirements must be consistently enforced among students

in a manner that does not reinforce stereotypes related to sex, gender identity, and

gender expression or marginalize any student based on race, national origin,

sincerely held religious beliefs, household income, or body type/size.

This policy should be interpreted and applied consistent with the following core

● All students should be able to dress comfortably for school and engage in the

school attendance or class participation.

● School staff should be trained and able to use student/body-positive

language to explain the code and address code violations.

This policy should be interpreted and applied consistent with the following

overarching goals:

● Maintain a safe learning environment in classes where protective or

supportive clothing is needed (e.g., eye protection, athletic attire/shoes).

● Allow students to wear clothing that is comfortable.

● Allow students to wear clothing that expresses their self-identified gender.

● Allow students to wear religious attire without fear of discipline or

of others, or create a reasonably foreseeable risk of such.

● Prevents students from wearing clothing or accessories that advocates or

indicates discrimination on the basis of race, color, national origin, sex, age,

religion, disability status, gender identify or gender expression.

● Prevents students from promoting any kind of violence.

● Ensure that all students are treated equitably regardless of race, sex, gender

identity, gender expression, sexual orientation, ethnicity, religion, cultural

observance, household income or body type/size.

B. Applicability.

1. This policy is applicable to all students of the Clarke County School District. It is

2. Consistent and uniform enforcement of this policy is essential and is required of

C. General Criteria.

1. Students are expected to be clean, neat, and appropriately dressed at all times.

Students (and parents) are expected to use good judgment in choice of dress and

ensure that the student’s attire conforms to the guidelines of this policy. A

student’s dress and appearance shall always adhere to commonly accepted

standards of decency, decorum, and good taste.

2. The student’s clothing and appearance must not be a distraction, immodest,

inflammatory, offensive, or pose a health, safety, or security hazard. Prohibited

clothing and articles of clothing include, but are not limited to, those which contain

any word, phrase, message, symbol, photo, reference, or anything else which:

a. is offensive, lewd, profane or sexually suggestive;

b. promotes or advertises use of drugs, alcohol, tobacco products, or any

illegal substance;

origin, sex, age, marital status, religion, handicap, disability, or sexual orientation;

or,

the Code of Student Conduct.

3. Any article of clothing or manner of dress or appearance which causes or has

appropriateness of dress and appearance in cases which may or may not be

covered by the standards contained in this policy. In addition, the Superintendent

However, when such exceptions are made, they shall conform to the general

criteria outlined in paragraphs C1, C2, and C3, above.

5. Schools, at their discretion, and with the approval of the Superintendent and the

uniforms.

1. Basic Principle

Certain body parts must always be covered for all students. Clothes must be worn

so that genitals, buttocks, breasts and nipples are fully covered with opaque fabric

and undergarments (other than waist bands and straps) are not visible. To avoid

disparate application of this policy based on body type, cleavage should not have

coverage requirements and skirt length should not be measured by any metric

(e.g., overall length, from the waist, from the knee).

2. Mandatory Attire

Consistent with the Basic Principle, students must wear a shirt with fabric in the

front, back and on the sides under the arms AND bottoms (i.e., pants, jeans, a

skirt, shorts, a dress, opaque leggings, sweatpants) AND shoes. Students are also

required to comply with any assignment-specific dress requirements for their

coursework.

3. Prohibited Attire and Accessories

● Violent language or images

● Images or language promoting illegal activities or a violation of school rules

D. Dress Code Violations.

1. Enforcement of this dress code shall begin on the first day of each school

year.

2. During the first five days of each school year, students in violation of the

dress code shall be advised of the violation and asked to make the correction.

3. After the first five days of school, students in violation of the dress code

will be required to make corrections by putting on their own alternative clothing,

wearing temporary school clothing for the remainder of the day, or waiting for a

parent/guardian to bring alternative clothing. on the spot. Students who fail to do

so will be removed from the classroom immediately and referred to the school

Students unable to correct the violation because they require a change of

clothing shall be referred immediately to the school administration, which shall

student will be placed in in-school-suspension until the violation is corrected.

4. Students who consistently violate the dress code policy will be subject to

5. Students who are dressed consistent with this dress code policy but not

in compliance with the school’s uniform requirements should be addressed during

non-instructional time whenever possible.

State Reference Description

O.C.G.A 20-02-0736 Student codes of conduct; distribution

These references are not intended to be part of the policy itself, nor do they

indicate the basis or authority for the board to enact this policy. Instead, they are

policy.