PROFESSIONAL NORMS KNOWLEDGE BASE 1

Legal Entanglement Project: Part 2 – Professional Norms Knowledge Base

Nereida Núñez

School of Education, Liberty University

Author Note
Nereida Núñez

I have no known conflict of interest to disclose.

Correspondence concerning this article should be addressed to Nereida Núñez. Email

[email protected]

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 2

Legal Entanglement Project: Part 2 – Professional Norms Knowledge Base

Case Law Reviews

Charter Day School vs. Peltier (2022) 

The case involves Charter Day School (CDS) and respondents challenging the school’s dress

code, specifically the requirement for female students to wear skirts. The legal framework centers on the

Equal Protection Clause and 42 U.S.C. 1983, examining whether CDS, as a private entity, qualifies as a

state actor subject to constitutional requirements. The North Carolina Constitution mandates the state to

provide education, and charter schools, including CDS, are considered public entities fulfilling delegated

constitutional responsibilities.

The Court of Appeals concluded that CDS acts as a state actor when enforcing its dress code due

to its integration into the state’s public school system. This decision is argued not to conflict with previous

rulings, and the Court of Appeals made a narrow determination based on North Carolina’s statutory

framework. Criticisms from the petitioners are refuted, asserting misinterpretation of precedent cases and

CDS’s status as a public charter school. Even if the question warranted Supreme Court review, the case is

deemed unsuitable, as the resolution wouldn’t impact CDS’s constitutional obligations and might not

affect the overall outcome. The interlocutory petition is considered as inappropriate due to the unusual

nature of the state-action dispute, where CDS is legally obligated to conform its conduct to the U.S.

Constitution. Additionally, the unclear impact of the state-action issue on the case’s resolution, given

alternative claims like Title IX and breach of contract, is highlighted. The conclusion requests the denial

of the petition for a writ of certiorari, which means that the document concludes by asking the relevant

legal authority, which would be the Supreme Court, to reject or decline the petition submitted by one of

the parties requesting a review of the case. 

Jacobs vs. Clark County School District (2008)

In the case of Jacobson v. Clark County School District, the court affirms the district court’s

decision to grant summary judgment in favor of the school district. The lawsuit challenges the mandatory

dress policies (school uniform policies) implemented by the Clark County School District in 2003,

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 3

focusing on Liberty High School. Kimberly Jacobs, a student, faced repeated violations and suspensions

for non-compliance with the uniform policy, leading to a legal challenge on First and Fourteenth

Amendment grounds.

The court addresses various constitutional claims regarding the Free Exercise of Religion, Due

Process, and Freedom of Speech. It discusses the plaintiffs’ standing, emphasizing the importance of a

justiciable “case or controversy” and the criteria for standing. It also thoroughly discusses Free Speech

claims, emphasizing the distinction between pure speech and expressive conduct and argues that the

school’s content-neutral uniform policies withstand intermediate scrutiny, contrary to the plaintiffs’

contention that Tinker v. Des Moines, a stricter standard, should apply. It upholds the constitutionality of

the school uniform policies, asserting that further important government interests are unrelated to

suppressing free expression, and impose no more significant incidental restrictions than essential. The

majority maintains that the school district’s actions are valid. At the same time, the dissenting opinion

asserts a violation of Jacobs’ First Amendment rights, emphasizing the need to focus on the nature of the

speech rather than the regulation.

Scott vs. Board of Education (1969)

In the case questioning the power of a school board to regulate the wearing of slacks by female

students, the court holds that such regulation is valid only when necessary for safety or to control

disturbance interfering with education. The court specifically annuls a dress regulation prohibiting girls

from wearing slacks except under certain conditions, deeming it unrelated to safety, order, or discipline.

The lawsuit involves a tenth-grade student, Lori Scott, challenging the dress code. The court dismisses

defenses asserting the board’s authority and the need for administrative remedies. It also rejects the

argument that Lori Scott is not a real party in interest due to legal advice. The court acknowledges the

misalignment of some petition details but addresses the relevant issues.

The court emphasizes the board’s duty to protect students but states that regulations must be

reasonably related to safety, order, or discipline, but it dismisses arguments about standards set by the

Commissioner of Education, vagueness, and equal protection. The court concludes that the prohibition on

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 4

slacks for female students lacks a reasonable relation to safety, order, or discipline, as it enforces style or

taste rather than addressing legitimate concerns. The court rejects the board’s argument about difficulty in

administration and censorship, asserting that selectivity is possible, and certain slacks can be prohibited

under other dress code provisions. While acknowledging precedent cases supporting regulations on hair

length and cosmetics, the court distinguishes them based on broader enabling acts. The decision

emphasizes the necessity for a reasonable connection between regulations and safety, order, or discipline.

Literature Review

The examination of existing literature reveals several emerging trends and issues that are poised

to influence schools. According to the article “School Uniforms and Student Behavior: Is There a Link?”

(Ansari et al., 2022), there is a discernible uptick in the adoption of school uniforms, particularly in public

and private elementary schools. This suggests a broader shift in educational policy towards standardized

dress codes and raises questions about the potential impact on the overall school environment and student

behavior. Concurrently, the use of Social Learning Theory as a framework for analyzing the influence of

school uniforms reflects an increasing sophistication in educational research methodologies (Cherry,

2022). This trend points to a growing interest in understanding the intricate interplay between cognitive,

behavioral, and environmental factors in shaping student conduct. Additionally, concerns surrounding

potential violations of students’ First Amendment rights in the context of uniform policies underscore the

need for schools to navigate the delicate balance between promoting a sense of unity and respecting

individual expressions. The specific focus on K-5 students in the study indicates an emerging trend in

examining the impact of uniforms on younger students, recognizing the need for age-appropriate

considerations. 

Moreover, the study’s use of nationally representative data signifies a shift towards more

comprehensive and generalizable research, allowing for a broader understanding of uniform policies at a

national level. Acknowledging the historical context of school uniforms in various fields outside of

education suggests recognizing the broader societal significance of uniforms and their potential impact on

group dynamics. Finally, the article underscores the ongoing debate and the limited empirical evidence in

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 5

existing research, emphasizing the importance of schools considering diverse perspectives and actively

seeking evidence to inform their decision-making on uniform policies (Ansari et al., 2022). These trends

and issues depict a dynamic landscape that schools must navigate with careful consideration and

awareness of evolving perspectives.

 The article “Sexist, racist and classist: Why the feds are getting involved in school dress codes”

(Jimenez, 2023) highlights the growing concerns and debates surrounding school dress codes,

emphasizing their potential to be discriminatory and detrimental to students’ well-being. The Government

Accountability Office (GAO) report reveals that approximately 93% of U.S. schools have some form of

dress code, with about half enforcing strict policies and one in five requiring uniforms. The analysis

indicates that these rules, often created under the guise of safety, can actually jeopardize students’ safety

and well-being.

One emerging trend identified is the call for intervention by the federal government. The GAO

report serves as a notable federal acknowledgment of the issues associated with school uniform policies,

with the American Civil Liberties Union advocating against them for a long time. The report emphasizes

that dress codes can make students feel unsafe and lead to inequitable enforcement of discipline,

disproportionately affecting Black and Hispanic students. Another trend is the decreasing prevalence of

strict dress codes. The data from the National Center for Education Statistics, as cited in the GAO report,

shows a 10% drop in schools with strict dress codes from 2013-14 to 2020. Some districts, like the San

Francisco Bay Area district, have even relaxed their strict dress codes in response to student concerns.

When applying the literature to school uniforms, it becomes evident that educational institutions

must reevaluate their dress code policies and consider the negative impact on equity and safety

highlighted in the GAO report, especially the disproportionate effects on certain racial, gendered, and

cultural groups. As the federal government evaluates its role in addressing these issues, local school

leaders must also examine how their dress code policies contribute to or hinder students’ learning

experiences and overall well-being.

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 6

The article “Controversy: The True Effectiveness of School Uniforms” explores 

the contentious debate surrounding the efficacy of school uniform policies (Washington, 2019).

It provides a historical overview of the school uniform movement, examining its origins and the various 

arguments presented by advocates and opponents. Emerging trends and issues in the discussion on school 

uniforms are evident, encompassing concerns about student expression, cost implications for 

low-income families, and the overall impact on academic achievement and behavior. The school uniform 

movement gained prominence in the 1990s, fueled by advocates who believed uniforms could enhance safety,

reduce distractions, and level socioeconomic barriers. President Bill Clinton’sendorsement in 1996 further

propelled the movement into the national spotlight. However, as the article suggests, the effectiveness of school

uniforms remains a contested issue.

One emerging trend highlighted in the article is the focus on individuality and self-expression.

Critics argue that uniforms limit students’ self-expression, emphasizing the importance of allowing students to

retain their individuality. This trend suggests a growing awareness of uniform policies’ psychological and social

impacts on students’ sense of identity. The cost issue, particularly for low-income parents, is another significant

trend, and the article highlights concerns about the financial burden of purchasing uniforms and the potential

inequality it may introduce. This aligns with a broader societal focus on equity in education, emphasizing the

need for policies that do not disproportionately affect economically disadvantaged families.

The article also discusses the impact of school uniforms on behavior and academic achievement. 

While advocates often argue that uniforms contribute to improved discipline and academic performance,  

the article points to research by David L. Brunsma (Washington, 2019; Brunsma, 2004) suggesting that uniform

policies do not necessarily correlate with reduced violence or behavioral problems. This reveals a disconnect

between school officials’ perceptions and academic research findings.

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/

PROFESSIONAL NORMS KNOWLEDGE BASE 7

References

Ansari, A., Shepard, M., & Gottfried, M. A. (2022). School uniforms and student behavior: Is there a

link? Early Childhood Research Quarterly, 58, 278–286.

https://doi.org/10.1016/j.ecresq.2021.09.012

Brunsma, D. L., & Rockquemore, K. A. (1998). Effects of student uniforms on attendance, behavior

problems, substance use, and academic achievement. Journal of Educational Research, 92(1),

53–62. https://doi.org/10.1080/00220679809597575

Cherry, K. (2022, October 14). How social learning theory works. Verywell

Mind. https://www.verywellmind.com/social-learning-theory-2795074

Jacobs v. clark county school district (2008) | Findlaw – Findlaw Caselaw. (n.d.-a).

https://caselaw.findlaw.com/court/us-9th-circuit/1204345.html

Jimenez, K. (2023, January 24). Sexist, racist and classist: Why the feds are getting involved in school

dress codes. US

TODAY. https://www.usatoday.com/story/news/education/2023/01/23/government-report-claims-

student-uniforms-civil-rights-concern/11069539002/

Matter of scott v. bd. of Educ – Casetext. (n.d.-b). https://casetext.com/case/matter-of-scott-v-bd-of-educ 

No. 22-238 in the Supreme Court of the United States. (n.d.-b). https://www.justice.gov/d9/case-

documents/attachments/2023/05/22/charter_day_school_v._peltier_no._22-

238_cert._05.22.23.pdf

Renita, A. W. (2019, May 3). Controversy: The true effectiveness of school uniforms – EDUC 300:

Education Reform, Past and

present. https://commons.trincoll.edu/edreform/2019/05/controversy-the-true-effectiveness-of-

school-uniforms/

This study source was downloaded by 100000825965683 from CourseHero.com on 04-07-2024 16:53:38 GMT -05:00

https://www.coursehero.com/file/227818039/Professional-Normsdocx/
Powered by TCPDF (www.tcpdf.org)