NYC Schools Try On New Dress Code

In July 2024, the NYC City Council approved a bill about NYC Public Schools creating a uniform dress code. Previously, schools set their own dress codes.

The goal of the district-wide dress code is to minimize discriminatory policies and allow all students the same level of self-expression. The City Council and Department of Education have not yet determined the exact policies or timeline for when they’ll implement the new policies.

Around the country, failure to follow a school’s dress code may lead to disciplinary action against a student. If your student is facing issues with their school’s dress code, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out an online form.

Uniformity

One of the central parts of the new policies is that they require all students to be treated the same regarding what they wear to school. These policies also put protections into place for students who wear certain attire for religious or disability-related reasons.

Before the 2024-2025 school year, New York City released a list of do’s and don’t’s for what to wear to school, including what schools can and cannot regulate regarding a student’s apparel.

Schools cannot ban:

• “Distracting” clothing
• Types of clothing traditionally associated with one gender
• Male-identifying students from wearing skirts, jewelry, or nail polish
• Have gender-based clothing requirements, such as mandating female-identifying students to wear a dress at graduation.

Students cannot wear clothes that include:

• Profanity or obscenity
• Nudity
• Sexual acts
• Threats of violence, injury, or harm
• Gang affiliation

Schools can require students to turn a shirt inside out or cover it.

Disciplinary Action

Students who fail to abide by their school’s dress code could end up facing disciplinary action. On the flip side, schools may inconsistently enforce a dress code or apply it only to certain groups.

For example, a school bans shirts that support a specific candidate during elections. If a student wears a shirt supporting a certain candidate, the school may choose to take disciplinary action. If the school punishes one student for wearing one candidate’s t-shirt but not a student wearing a shirt in support of the other candidate, the school isn’t uniformly enforcing the policy.

Just like cheating may result in accusations of academic misconduct, behavioral misconduct like dress code violations can land students in hot water. The outcome of any disciplinary action can range from a verbal warning to long-term suspension.

Religious and Disability Exceptions

New York City has explicitly stated that a dress code cannot be used to interfere with clothing related to a student’s religion or disability status. Students who have a disability under federal or state law, such as the Americans with Disabilities Act (ADA), are protected from discrimination.

Depending on what a student is wearing and why, clothing related to a disability may be considered a reasonable accommodation to help a student navigate the day. Again, the question comes down to whether a school is uniformly applying its dress code.

Dress for Success

Clothing is an extension of our personality. By widening its dress code policy, New York City allows more students to exercise their sartorial skills. The key is that policies aren’t overly restrictive and are applied uniformly.

If your student is being targeted or otherwise punished due to their clothes, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out an online form.