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‘Tigger socks’ battle settled
Redwood, ACLU find a compromise on dress code
Saturday, December 15, 2007
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When Redwood Middle School students return from winter break, they’ll have a decision to make: Do I wear my Tigger socks today, or no?

After months of legal negotiations and a spate of national media attention, a settlement was reached Friday between the Napa Valley Unified School District and the families of five Redwood students, who claimed that the school’s no-logos, no-denim dress code violated their constitutional rights.
Then-eighth-grader Toni Kay Scott, one of the plaintiffs represented by the American Civil Liberties Union in the case, garnered national notoriety after she was removed from class for wearing socks with the Winnie the Pooh character Tigger.

According to the settlement agreement, any future dress codes at Redwood Middle School that limit colors, fabrics or patterns will be implemented only as part of a school uniform that allows parents to opt out. The district will not prohibit lettering or pictures unless allowed by the education code, which protects the free speech rights of students in California’s public schools.
The original policy prohibited students from wearing colors other than white, yellow, green, blue, brown, khaki, black and gray; denim, stripes or logos of any size. The dress code was introduced in the 1990s in response to rising gang activity on campus. According to some school officials, the dress code was successful in mitigating safety concerns associated with attire.

Scott and other students said the policy crossed a constitutional line.
Now, the two are meeting somewhere in the middle. The school will keep its current interim dress code policy in place during the spring. That policy does not explicitly ban non-gang or drug-related logos or writing, but retains restrictions on fabrics that students can wear.

If school officials decide to implement a stricter policy next year, parents will have the ability to opt out.

ACLU attorney Julia Harumi Mass said that the settlement bars the school from prohibiting students like Scott from wearing now infamous Tigger socks. Logos and lettering are protected under the settlement unless determined to be obscene, libelous or slanderous, or to promote unlawful acts or violation of school regulations.

The district will also remove any references to dress code violations from the student plaintiffs’ records and allow all other students who attended Redwood Middle School during the last six years to request that similar references be removed from their records.

Now, the district will be able to turn its attention — and funds — back on educating students.

“We are glad we were able to settle the lawsuit, which diverted economic resources from our primary mission,” said NVUSD Superintendent John Glaser.

Said Glaser, “The district recognizes that state law protects student speech. Where we had a difference of opinion with the plaintiffs was on whether the law limited schools’ ability to restrict clothing choices in order to establish an educational environment conducive to teaching and learning for all students. We made an economic decision not to continue spending limited district resources defending a lawsuit, but to use those resources where they belong, to continue providing quality instruction to the students of Redwood Middle School and the district.”

“I think it’s great that my daughter Sydni, and all the kids at Redwood, can wear clothes that express their individuality,” said Donnell Scott, mother of Toni Kay and Sydni Scott, and a plaintiff in the lawsuit. “We’re all happy that the case is resolved and we can all focus on our kids’ educations.”
6 comment(s)

Koni wrote on Dec 14, 2007 7:08 PM:

" I am for dress codes in schools , We have then in everyday life so why not let them learn it now . I just dont want to see any complaints about the gangs running around in there gang colors/clothing now that everything is changing , cause that is what everyone is going to do . NOT only do you free your child your freeing the gangs to push there " style " on other children . Parents need to be arware and watch for signs , Not all gang members live on Laurel ... they live ALL over Napa , even Browns Valley . "

Napaparent82 wrote on Dec 14, 2007 8:56 PM:

" All I have to say is THANK YOU to those few kids and parents who felt that they can do what they wanted and challenge the RULES!!, just because they wanted to wear what they wanted and not what the rules stated. Now the district has to pay $95,000!!! For the plaintiffs' lawyers, also the school district have to play for their own lawyers too which I am guessing the fees are even higher. This money could have been used for programs that need the founding, and ways to improve education. I don’t want to hear parents CRY because their children's school close because there is no money. This is a reality, schools in the bay area and all over the country have to close just because school districts had no money to keep the schools open, and cause even more overcrowding in our schools. I have a daughter and because the district cannot afford good teachers she is falling behind. Her math teacher lets them sleep and listen to their ipods, when I learn that, my wife and I started to teach her what she was suppose to learn. How can we expect our children to have an education, if the district has to use the money that is intended for school supplies, teacher salaries, sports activates, and after school programs is use for lawyers fees and cash settlements? Let me ask you a question, how would you feel if the district has lay off teachers, and stops all k-12 school sports, music, drama, art, or after school activities?? "

steph wrote on Dec 14, 2007 9:42 PM:

" Oh, thank GOD! The children can EXPRESS themselves. The dress code was causing untold misery. Why it was a living hell going to school. Just terrible. But now, everything will be perfect. The children can EXPRESS their INDIVIDUALITY and dress like all the other individuals. Praise God. "

steph wrote on Dec 14, 2007 9:45 PM:

" I can't wait for a wanna-be to sue the district for discrimination in the dress code. Because that's what it amounts to, telling a certain group that THEY can't express themselves--I mean, their individuality--but certain kids from certain cultures ARE allowed to express their individuality, which is VERY important. It's vital to a child's school experience that they are allowed to express themselves, and I hope that ALL children are allowed to do so, in the name of this critically important lawsuit victory. "

Loquat15 wrote on Dec 19, 2007 8:10 PM:

" While I was at work today, listening to satellite radio, the dj announced of "some middle school in california"(Redwood) and well, basically everything this article has to say. It's been all over the news. Go team! The dress code is worthless and if you are for it you must surely ask yourself "What about elementry school? What about high school?" There's much talk about children expressing themselves, that's great and everything... but from what I recall, baggy pants that barely stay up are hardly appropriate, but then again, who am I to say that its not appropriate? I am not for uniforms, i am for a dress code that would of course ban offensive and riske clothes. When I was in elementry school, nobody cared about who wore what or at least I didn't. In middle school I didn't care. In high school... well... clothing seemed to change from one group to the next, but nobody cared. Since we adults have a seemingly hard time deciding what the children should wear, woudn't it be a good idea to see what the kids think? "

Loquat15 wrote on Dec 19, 2007 8:12 PM:

" And the $95,000 paid to those parents... that is worthless. Thanks guys for taking money from the school district. I suggest it be donated back to the school district. In any case, im sure the lawyers are happy. "

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