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The Progressive

NewsWire

A project of Common Dreams

For Immediate Release
Contact:

ACLU of Florida Media Office, media@aclufl.org, (786) 363-2737

ACLU Statement on Unlawful Enforcement of Dress Code Policy at Fairview Middle School

On Tuesday, October 13, 2015, a student at Fairview Middle School whose birth-assigned sex is male but who identifies as agender, wore a dress to school. Upon the student's arrival at school, Principal Scott Hansen allegedly told them that wearing a dress was in violation of the dress code because dresses are not for boys. The school then contacted the student's mother to provide the student a change of clothes.

Responding to the incident in a letter to Leon County Schools Superintendent Jackie Pons, ACLU of Florida Staff Attorney Daniel Tilley stated:

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On Tuesday, October 13, 2015, a student at Fairview Middle School whose birth-assigned sex is male but who identifies as agender, wore a dress to school. Upon the student's arrival at school, Principal Scott Hansen allegedly told them that wearing a dress was in violation of the dress code because dresses are not for boys. The school then contacted the student's mother to provide the student a change of clothes.

Responding to the incident in a letter to Leon County Schools Superintendent Jackie Pons, ACLU of Florida Staff Attorney Daniel Tilley stated:

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"It is well established that under both Title IX and the Equal Protection Clause, school officials cannot force students to conform to sex stereotypes. . . . Schools may impose a gender-neutral requirement of proper, even formal, attire for school events (provided it does not create an undue financial burden for students). But schools cannot rely on sex stereotypes that require, for example, that boys wear tuxedos or suits and that girls wear dresses. . . . In addition, under the First Amendment, students have a right to express their gender nonconformity or gender identity through their dress and appearance."

A copy of the letter can be found here: https://aclufl.org/resources/aclu-letter-to-leon-county-school-superintendent-on-unlawful-enforcement-of-dress-code-policy/

The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.

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