School Uniform - Laws and Rulings Against School Uniforms

Laws and Rulings Against School Uniforms

In the Australian state of Queensland, Ombudsman Fred Albietz ruled in 1998 that public schools may not require uniforms.

In 2006, a new Education Act was passed within Queensland, Australia. This Act gives school staff within the public education system the power to assign punishment for non-compliance with school uniform dress code. According to the Act, students may not be suspended or expelled for non-compliance with the dress code. Punishment consists of one only of the following three choices for each non-compliance: 1. Detention. 2. Exclusion from any activity that is a non-essential part of the school's education program. 3. Exclusion from any activity where the student will be representing the school.

In the Philippines, the Department of Education abolished the requirement of school uniforms in public schools per DepEd Order No. 45, s. 2008. However, a school attire was required under DepEd Order No. 46, s. 2008. The following were "suggested" as proper school attire in the latter order: Polo shirt or t-shirt with sleeves and pants for males; dresses, skirt and blouse or blouse and pants for females.

In England and Wales, technically a state school may not permanently exclude students for "breaching school uniform policy", under a policy promulgated by the Department for Children, Schools and Families but students not wearing the correct uniform are asked to go home and change.

In Scotland, some local councils (that have responsibility for delivering state education) do not insist on students wearing a uniform as a precondition to attending and taking part in curricular activities.

Turkey abolished mandatory uniforms in 2010.

In the United States, a few states have regulations declaring that public schools must allow students to drop out of uniform policies. Although Section 83 of the Massachusetts Legislature appears to prohibit dress codes in public schools by declaring that schools may not "abridge the rights of students as to personal dress and appearance", Section 86 states that "The provisions of sections eighty-three to eighty-five, inclusive, shall apply only to cities and towns which accept the same" and other sections of the law allow schools to impose dress codes, and in fact many public schools in Massachusetts (mostly in the Boston area) have mandatory school uniforms.

In 1969, the United States Supreme Court ruling in Tinker v. Des Moines Independent Community School District affirmed students' rights to free expression in public schools, although this related to the wearing of a black armband (not to uniforms as such). California Education Code 48907 affirms students' rights to "the wearing of buttons, badges, and other insignia" as well freedom of speech in student publications, subject to limited restrictions.