Board member says there is some confusion about when policy applies
At a recent Scotia-Glenville Board of Education public hearing on the district’s code of conduct, there was some concern that the dress code regarding hats in school overstepped its bounds.
At the Monday, June 28, hearing, board member Benjamin Conlon said he was concerned with the wording of the dress code. Condon said the Supreme Court has ruled that hats cannot be worn in a classroom, but they can be worn in the hallway.
The wording is probably stricter than to how the interpretation is, but we don’t want to tell the kids, said Conlon during an interview. `Generally, a kid should take their hat off during school. Why do you need to wear your hat in the hallway?`
Conlon suggested changing the wording of the dress code out of concern that, however unlikely, the legal implications of forcing students to take off their hats could be potentially costly for the district.
The current S-G dress code states: `Hats or other head coverings are not to be worn in the building during the instructional school day unless for a medical or religious purpose.`
The wording has typically been interpreted to mean that hats are not to be worn at all during the school day, even though they can be worn in the hallways.
`I really don’t know if [the dress code] is going to be adjusted or not in relation to how it is presented,` said Conlon in a later interview. `How it is enforced is a separate matter.`
Currently, if a student wears a hat in school, someone from the school would likely ask him or her to take it off.
Pamela Carbone, board of education president, said, `Kids must not be punished for wearing hats in the hallways.`
The 1969 United States Supreme Court case
Tinker v. Des Moines
Independent Community School District dealt with student John Tinker being suspended from school for wearing a black armband in protest to protest the Vietnam War. The court ruled in favor of the student’s freedom of speech. This case has been referred to for instances regarding a student’s right to wear a hat.
In 1992,
John Pintka
refused to remove his baseball cap when asked by the superintendent. Pintka was walking from the school’s cafeteria to his locker before the start of classes. The Tinker case was used to support the student’s right to wear a hat.
The New York State Education Department Commissioner ruled in favor of Pintka and the school was ordered to adjust their policy to not completely ban headgear being worn outside the classroom.
`The issue is are we trying to enforce something that is outside the ruling of the U.S. Supreme Court,` said Conlon.
Still, some board members voiced their concerns about students wearing hats during the school day. Colleen Benedetto, board member, said students should be learning what proper behaviors are in school. Also, she said for security reasons students should have to remove hats. With hats, people could cover their faces to avoid being detected on school property if they shouldn’t be on the grounds.
Conlon said he isn’t sold on the idea of students hiding things in their hats because he said they are more likely to hide something in their backpack.
Conlon said having a Hat Day during school sends a contradictory message. On that day, a student pays a dollar to wear a hat on campus. The funds will usually go toward some non-for-profit group.
`Nobody disagrees with what the law says,` said Conlon. `We are all trying to run our school in the best, safest and least destructible way possible. Sometimes the law doesn’t pay attention to the real world.`
CORRECTION: In an earlier version of this story the Tinker v. Des Moines Independent CSD Supreme Court case didn’t have the correct date of 1969 and case information has been corrected.
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