PRINT THIS PAGE | E-MAIL THIS PAGE

Monday, October 12, 1998

School uniform policy challenged in court

SAN ANTONIO (AP) - The first Texas school district to require uniforms for all students is back in court after a state judge suspended the policy and prohibited disciplining students who violate it.

The temporary order against Eagle Pass school officials will remain in effect until a Tuesday hearing. State District Judge Rey Perez' order followed a lawsuit filed last week by parents of 13 students denied waivers.

"We're not against the uniform policy, per se, and we're not trying to change it," lawyer David Riojas, who represents the parents, told the San Antonio Express-News. "We're just asking that the waiver policy be applied evenly to those people who request them."

Only a handful of the district's 10,200 students have received waivers to wear street clothes to school instead of the khaki-and-white uniforms, school officials say.

The policy, instituted last year, is credited for everything from improved attendance and the end of gang attire to budget relief for parents trying to keep up with the style curve.

"Basically, really, it's still very successful," said district spokeswoman Johnnie Lee Gonzalez. "There are only 44 students out of uniform among 10,000."

But she said nearly 300 students were earlier wearing street clothes without waivers.

The 1995 law that allows Texas school districts to require school uniforms also states that the parent of a student who wants a waiver must spell out in writing a "bona fide religious or philosophic objection." It gives school boards sole authority to grant or deny the waiver.

Parents may request a waiver for financial reasons, but the law also requires the district to have funds available to provide uniforms for hardship cases.

The parents' lawsuit contends that waivers were issued this year in an "arbitrary and capricious manner" and that the school board denied some waiver requests that were worded identically to others that it approved.

"Most of those who received waivers have political ties to school," Riojas said. "Among them are the children of the county judge, two ex-school board members, a current school board member and an employee of a school board member."

In addition to the state lawsuit challenging the way waivers are issued, a federal lawsuit challenges the policy itself on several grounds, including due process and free speech. The federal suit was filed last month by a Texas Rural Legal Aid lawyer on behalf of nine students.

The district responded that the students have no grounds to sue.

"Because there is no constitutional liberty interest protecting a student's choice of clothing at school, plaintiff's claims should be dismissed," said district lawyer Oscar Trevino.