East Bernard ISD’s student handbook outlines its dress code and hair policy, which forbids “braided hair or twisted rows/strands.”
after the American Civil Liberties Union of Texas, the ACLU Women’s Rights Project, and the law firms of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. and Susman Godfrey LLP challenged the policy in October on behalf of six boys and one non-binary student who said the policy was opposite of their values.
Brian Klosterboer, an attorney with ACLU Texas, questioned the constitutionality of East Bernard’s policy. Klosterboer said, following previous lawsuits, school districts across Texas have taken it upon themselves to modify their policies, eliminating hair requirements. “This particular policy is very problematic, unconstitutional, out of date and needs to be updated,” Klosterboer said.Shaundra Lewis, a professor at Texas Southern University Thurgood Marshall School of Law, said the lawsuits establish the precedence of rights being violated, but said they don’t stop school districts from keeping them.
“They can continue to make these policies. The question is, can they enforce the policies?” Lewis asked.“If any parent challenges it on the basis that it interferes with their First Amendment right to freedom of religion or is discriminatory, then it cannot be legally upheld,” Lewis said.“East Bernard ISD intends to comply with state law regarding enrollment and attendance if and when an enrollment application is completed,” wrote Hudgins, the district’s superintendent, in a statement to KPRC2.
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