GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 645

 
 
Short Title:	School Dress Codes and Appearance Policies.	()	
Sponsors:	Representatives Capps;  Arnold, Blust, Daughtry, Davis, Decker, Eddins, Justus, Morris, Setzer, Sexton, Shubert, and C. Wilson.	
Referred to:	Education.	
March 15, 2001

A BILL TO BE ENTITLED
AN ACT to enact dress codes and appearance policies for public school students and employees.

The General Assembly of North Carolina enacts:
SECTION 1. Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-391.1. Student Dress Code and Appearance Policy.
(a)	The State of North Carolina respects a student's right to choose his or her style of dress or appearance; however, students are expected to adhere to standards of cleanliness and dress that are compatible with the requirement of a good school environment. If a student's dress or lack of cleanliness is such that it constitutes a threat to health or safety, the principal or the principal's designee may require the student and student's parent or guardian to take appropriate action to remedy the situation. In addition, if a student's dress or appearance is so unusual, inappropriate, or lacking in cleanliness that it clearly disrupts class or learning activities, the student may be required to change his or her dress or appearance.
(b)	Student violations of this policy shall be handled by the principal or the principal's designee. The first violation of this policy may result in a short-term suspension from the local school administrative unit for up to 10 days. A second violation of this policy during the school year shall result in a short-term suspension from the school unit for up to 10 days. A third or subsequent violation of this policy during the school year may result in long-term suspension from the school unit for the remainder of the school year. If a third, or subsequent violation results in long-term suspension for the remainder of the school year, the superintendent may assign the student to an alternative program approved by the local board of education.
(c)	Principals shall maintain guidelines to assist students in determining appropriate dress and appearance for school, copies of which shall be made available to parents and students. Items listed below shall be included in all school guidelines and shall apply to all students. Reasonable accommodation shall be made by the school principal or the principal's designee for those students who, because of a sincerely held religious belief, cultural heritage, or medical reason request a waiver of a particular guideline for dress or appearance. Reasonable accommodations shall be made by the principal or the principal's designee to accommodate students involved in special duties, activities, or projects approved by the school. This shall include, but not be limited to, athletics, vocational classes and projects, special events, or other activities that would allow for nonconforming dress on a school campus.
(1)	Clothing shall be age appropriate, not disruptive to the teaching-learning process, and cannot be provocative, revealing, indecent, vulgar, or obscene.
(2)	Hats, sweatbands, bandannas, or sunglasses shall not be worn inside the school buildings.
(3)	Shorts shall be no higher than mid-thigh.
(4)	Skirts and dresses shall be no higher than three inches above the top of the knee.
(5)	Shirts and blouses shall not be tank top or spaghetti straps.
(6)	Clothing shall not be allowed that promotes alcoholic beverages, tobacco, or the use of controlled substances, depicts violence, is of a sexual nature, or is of a disruptive nature.
(7)	Shirts and blouses shall cover the waist, cover the midriff, and go past the waistline.
(8)	No sagging pants shall be allowed.
(9)	Proper footwear shall be required. Shoes must fit. Shoes that have laces must be laced and tied.
(10)	Abnormal hair color shall not be allowed such as hair sprayed blue, green, orange, or other colors.
(11)	Clothing shall not be sheer or mesh and shall not have excessive holes.
(12)	Undergarments shall not be visible.
(13)	Clothing shall be worn appropriately. (Clothing shall not be inside out or backwards; pant legs shall not be rolled up, etc.)
(14)	Clothing shall not be allowed that is intentionally shredded or torn.
(15)	Tight clothing such as knit or spandex bicycle/biker pants or overly tight pants shall not be allowed.
(16)	Clothing articles including, but not limited to, gloves, bandannas, cutoff pants with knee-high socks, unstrapped bib overalls, multicolored shoestrings, wristbands, hats, hairnets, excessively long belts, belt buckles stamped with a letter, "in memory of" shirts, professional teams' clothing, or jewelry commonly recognized as being related to a group or gang which provokes others to act violently or be intimidated by fear of violence shall not be worn on the campus or at any school activity.
(17)	No jewelry shall be affixed to a student's nose, tongue, lips, cheek, or eyebrow.
(d)	The principal or the principal's designee may, as a reasonable accommodation under the Student Dress Code and Appearance Policy, exempt a student from the requirements of the Student Dress Code and Appearance Policy when compliance with those requirements would impose a substantial burden on the exercise of a sincerely held religious belief.
In making determinations regarding exemptions to the Student Dress Code and Appearance Policy, the principal or the principal's designee shall not attempt to determine whether the religious beliefs are valid but only whether they are central to religious doctrine and sincerely held. To assist in deciding whether an exemption is warranted, the principal or the principal's designee may request the parent to provide information in writing, demonstrating (i) that the objection to the requirements of the Student Dress Code and Appearance Policy is grounded in religious tenets rather than mere personal preference; (ii) that the religious beliefs are sincerely held and practiced; and (iii) that compliance with the requirements of the Student Dress Code and Appearance Policy truly will interfere with the exercise of those beliefs.
Generally, the following kinds of information may be required by the principal or the principal's designee in making the determination:
(1)	A written statement by an authority on the religion explaining the religious belief and how it is affected by the Student Dress Code and Appearance Policy;
(2)	A copy of, or citation to, a recognized religious text that is the basis of that belief;
(3)	Identification of the religious group holding the belief, if there is such a group;
(4)	Written descriptions or summaries that might be available, from texts or encyclopedias or religious publications, explaining the religious belief and how its exercise would be affected by compliance with a Student Dress Code and Appearance Policy; and
(5)	Examples of other circumstances in which the sincerity of the religious belief has been demonstrated.
The principal or the principal's designee may request any or all of this information to assist in any exemption assessment.
If needed to make a fair determination under this section, the principal or the principal's designee or the superintendent and board may consult with experts on religion outside the school system. If that is done, the principal or the principal's designee shall notify the parent of the identity of the person consulted and what that person said.
(e)	The principal or the principal's designee may, as a reasonable accommodation under the Student Dress Code and Appearance Policy, exempt a student from the requirements of the Student Dress Code and Appearance Policy when compliance with those requirements would render impossible the student's ability to express his or her cultural heritage.
To assist in deciding whether an exemption is warranted, the principal or the principal's designee may request the parent to provide information in writing demonstrating (i) that the objection to the requirements of the Student Dress Code and Appearance Policy is grounded in well-established dictates of the student's regularly practiced cultural tradition rather than mere personal preference; (ii) that the cultural heritage dress is regularly and consistently practiced by the student outside school; and (iii) that compliance with the requirements of the Student Dress Code and Appearance Policy truly will interfere with the student's ability to express his or her cultural heritage.
Generally, the following kinds of information may be required by the principal or the principal's designee in making the determination:
(1)	A written statement explaining the history, origin, and meaning of the cultural heritage dress and how it is affected by compliance with the Student Dress Code and Appearance Policy;
(2)	A copy of, or citation to, a recognized text documenting the meaning and origin of the cultural heritage dress;
(3)	Documentation that the student is part of the culture that wears the dress he or she wishes to wear; and
(4)	Examples of other circumstances in which the student's consistent practice of wearing the cultural heritage dress at issue has been demonstrated.
The principal or the principal's designee may request any or all of this information to assist in any exemption assessment.
If needed to make a fair determination under this section, the principal or the principal's designee or the superintendent and board may consult with experts outside the school system on the particular cultural heritage. If that is done, the principal or the principal's designee shall notify the parent of the identity of the person consulted and what that person said.
(f)	The principal or the principal's designee may, as a reasonable accommodation under the Student Dress Code and Appearance Policy, exempt a student from the requirements of the Student Dress Code and Appearance Policy when compliance with those requirements would expose the effects of a student's medical treatments or when medical necessity prevents a student's compliance with the Student Dress Code and Appearance Policy.
In making determinations regarding medical exemptions to the Student Dress Code and Appearance Policy, the principal or the principal's designee may request the parent to provide information in writing demonstrating that the medical basis for the requested exemption is true and accurate.
Generally, the following kinds of information may be required by the principal or the principal's designee in making the determination: (i) a written statement from the student's medical doctor explaining the student's medical need and why it requires an exemption from the Student Dress Code and Appearance Policy; or (ii) a written statement from the student's medical doctor explaining the effects of medical treatment on the student and how such effects will be exposed or made more prominent by compliance with the Student Dress Code and Appearance Policy.
If needed to make a fair determination under this section, the principal or the principal's designee or the superintendent and board may consult with medical experts outside the school system. If that is done, the principal or the principal's designee will notify the parent of the identity of the person consulted and what that person said.
(g)	Even in cases where exemptions are granted, if the application of this exemption results in substantial disruption in the school or if the application of this exemption adversely affects the health and safety of the students in the school and the school cannot eliminate the disruption or cure the health or safety issues in another manner, the principal or the principal's designee reserves the right to deny exemption and enforce the requirements of the Student Dress Code and Appearance Policy.
(h)	The code of student conduct adopted by a local board of education shall include a student dress code and appearance policy that includes, at a minimum, the limitations set out in this section. The code of student conduct may include limitations that are more stringent than those set out in this section."
SECTION 2. Article 22 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C-326.2.  Employee Dress Code and Appearance Policy.
(a)	The State of North Carolina expects public school employees to respect and adhere to the guidelines for employee dress and appearance established in this section. The overriding principle is that all employees, while on duty, are representatives of the North Carolina Public Schools;  therefore, every local board of education shall adopt a staff dress code and appearance policy that includes, at a minimum, the limitations set out in this section.
(b)	Supervisors and school level administrators are authorized to interpret and enforce this policy. Any employee in violation of this policy may be asked by his or her supervisor to go home and change clothes and/or refrain from wearing such clothing in the future. Repeated problems with an employee’s inappropriate dress or appearance may result in disciplinary action, up to and including dismissal.
(c)	Reasonable accommodations shall be made by their appropriate supervisor for those employees who, because of a sincerely held religious belief, cultural heritage, or medical reason request a waiver of a particular part of this policy for dress or appearance.
(d)	 Reasonable modifications to this policy may be made by the appropriate supervisor to accommodate staff members who are engaged in specialized duties such as physical education, vocational education, field trips, or workdays, etc., that require a relaxed mode of dress.
(e)	The wearing of uniforms is required as a condition for employment in particular positions. Uniforms shall be required and shall be provided for employees in the following areas: School Food Service, Plant Operations, Custodial Services, and Transportation Support.
(f)	Instructional personnel are considered professional employees and shall dress in a manner appropriate to the standards of their profession.
(g)	The dress and appearance of clerical personnel, especially those positions that involve contact with the public, shall emphasize neatness and professionalism appropriate to the office environment.
(h)	An employee's dress or appearance shall not be so unusual, inappropriate, or lacking in cleanliness that it clearly disrupts class or learning activities. The following attire is considered inappropriate for school employees:
(1)	Jewelry affixed to an employee’s nose, tongue, cheek, lip, or eyebrow;
(2)	Clothing which is disruptive, provocative, revealing, indecent, vulgar, or obscene, including, but not limited to:
a.	Shorts higher than mid-thigh;
b.	Skirts and dresses higher than three inches above the top of the knee; and
c.	Low necklines, bare midriffs, and overly tight clothing;
(3)	Clothing that promotes alcoholic beverages, tobacco, or the use of controlled substances by words or symbols, or is of a disruptive nature;
(4)	Clothing that contains profanity, nudity, depicts violence, or is sexual in nature by words or symbols;
(5)	Flip flops;
(6)	Undergarments worn as an outer garment or any see-through clothing; and
(7)	Hats, sweatbands, bandannas, or sunglasses inside school buildings."
SECTION 3. This act is effective when it becomes law and applies beginning with the 2001-2002 school year.