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]
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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,
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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
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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
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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.
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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.
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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/
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