John Glaser, Napa's school district superintendent, released this statement to parents and the public after the district revised its dress code for Redwood Middle School.

To see the entire interim dress code, click on the link below.

www.napavalleyregister.com/articles/2007/08/14/news/local/doc46c2316503cbd354168705.txt







Despite the overwhelming support of the Redwood Middle School community of teachers, parents, administrators and students who have chosen to comply with the current Appropriate Attire Policy (“AAP”), which has worked well for this community in creating a positive and safe learning environment for over 10 years, I am announcing that a revised dress policy will be in effect beginning August 20, 2007.

This policy is attached and will be available on the Redwood Middle School web page and at the orientation scheduled for August 16, 2007. 

Our decision to implement an interim revised dress policy was not arrived at lightly and, I want to emphasize, was NOT made because we think we would not prevail in the appellate and trial courts in the ongoing litigation about the current dress policy.  This decision was made to avoid the certain continued time, unreasonable expense and disruption to our primary mission of educating students that this litigation ensures.

We believe the Plaintiff’s have not engaged in any meaningful attempt to engage with us to resolve the issue and have taken steps to prematurely inflame the situation, in an apparent attempt to increase their own costs, as well as the District’s in defending it.  So we are taking this step with the intent of putting an end to this litigation and to ensure compliance with the injunction issued by the Napa Superior Court, the effect of which also remains in dispute.

The AAP is all about creating a safe and positive learning environment for students to learn without the disruption caused by gang influences and competitive fashion statements.  We do not believe that the wearing of clothing such as Tigger socks or blue jeans rises to the level of Constitutional free speech for students or that the wearing of such clothing is intended to convey a particularized message.   In fact, in its ruling issuing a preliminary injunction, the Napa Superior Court did NOT protect student fashion statements.  Instead, the court only addressed those items of clothing with a political message, such as pink ribbons in honor of breast cancer week.  We believe that no students’ free speech rights were, in fact or in intent, violated at Redwood Middle School.

Moreover, we believe the trial and appellate courts would eventually decide that the current policy is NOT a uniform policy.  Courts have clearly stated that a uniform is specific and narrowly limited in style and color.  The current AAP allows for a broad range of colors and styles and combinations thereof.  To allow parents to opt their student out of the current policy, as is required of a TRUE uniform policy, would require a level of administrative/teacher supervision and discretionary judgment to essentially enforce two separate dress codes.

By attempting to end this litigation short of going to trial, we realize that we will not have the opportunity to refute the unproven allegations that students were disciplined for wearing a Breast Cancer pink ribbon, a ragged, torn and cropped DARE t-shirt or a “Jesus Freak” t-shirt or that we probably will not be able to refute the allegations that students were not, in fact, disciplined for wearing this type of clothing.  We further regret that we probably will not be able to present our substantial evidence of gang related issues that have been prevented by this policy. 

While this case is NOT about Tigger Socks and blue jeans, we do recognize that the ACLU raised legitimate questions regarding the potential impact of the policy on constitutionally protected student free speech which is intended to convey a particularized message, such as a political or religious message, which is not disruptive of the educational environment.  The revised interim policy clarifies and addresses this concern.

The new policy is intended to be an interim policy so that members of the Redwood School Safety Committee and School Site Councils may review the policy and consider whether to adopt a TRUE uniform policy.   It is my strong recommendation that the school community consider a TRUE uniform policy, which although more restrictive than the current policy, would meet most of the interests behind the current policy and would be easier to enforce than two separate dress policies.  The Napa Police Department through their SRO program has been supportive of the AAP and state that they have observed the positive impact this policy has had on the Redwood Middle School environment and has encouraged us to find a way to keep a similar policy in place.  It is my opinion that moving toward a TRUE uniform would meet this interest as well. 

This District has had a long tradition of supporting the ability of each school community to establish their own academic culture and the AAP has served the school well for the past 10 years and notwithstanding this recommendation, we will support the school in redefining their school culture through this interim policy or a true uniform policy.

During this interim period, we are strongly urging Redwood parents to have students dress in a manner that honors our past AAP.  Doing so will be an indication of continued support for the AAP that has allowed the school to maintain an environment that supports our academic mission, which was supported by up to 80% of parents when it was adopted. 

Please contact me or Mike Pearson, Principal of Redwood Middle School if you have any questions or concerns about the new interim dress policy.

John Glaser

Superintendent