As uniforms have become more normalised, there have also been an increasing number of lawsuits brought against school districts. According to David Brunsma, one in four public elementary schools and one in eight public middle and high schools in the USA have policies dictating what a student wears to school. The school code within states' constitutions typically asserts that it allows the board of school directors to make reasonable rules and regulations as they see fit in managing the school's affairs. As of 2008, there are currently 23 states that allow school districts to mandate school uniforms. The constitutional objections usually brought upon school districts tend to fall into one of the following two categories: (1) a violation of the students' First Amendment right to free expression (2) a violation of parents' right to raise their children without government interference. Although up until this point, The Supreme Court has not ruled on a case involving school uniforms directly, in the 1968 decision Tinker v. Des Moines Independent Community School District, the Court ruled that upon entering school, students do not shed their constitutional rights to freedom of speech.
Internationally, there are differing views of school uniforms. In the Australian state of Queensland, Ombudsman Fred Albietz ruled in 1998 that state schools may not require uniforms. In the Philippines, the Department of Education abolished the requirement of school uniforms in public schools. In England and Wales, technically a state school may not permanently exclude students for "breaching school uniform policy", under a policy promulgated by the Department for Children, Schools and Families but students not wearing the correct uniform are asked to go home and change. In Scotland, some local councils (that have responsibility for delivering state education) do not insist on students wearing a uniform as a precondition to attending and taking part in curricular activities. Turkey abolished mandatory uniforms in 2010.
Examples of lawsuits in the United States
Canady v. Bossier Parish School Board
In the Canady v. Bossier Parish School Board lawsuit in 2000, a Louisiana district court ruled in favour of the school board because it did not see how the free speech rights of the students were being violated due to the school board's uniform policy. Even though the plaintiff appealed the decision, the Fifth Circuit Court also ruled in favour of the school board after implementing a four-step system that is still used today. Firstly, a school board has to have the right to set up a policy. Secondly, the policy must be determined to support a fundamental interest of the board as a whole. Thirdly, the guidelines cannot have been set for the purpose of censorship. Finally, the limits on student expression cannot be greater than the interest of the board. As long as these four policies are in place, then no constitutional violation can be claimed.
Littlefield v. Forney Independent School District
In the Forney Independent School District of Forney, Texas in 2001, the school board decided to implement a school uniform policy allowing the students to wear a polo shirt, oxford shirt or blouse in four possible colours, and blue or khaki pants or shirts, a skirt or jumper. While there was some flexibility with shoes, certain types were prohibited along with any sort of baggy clothes. The parents of the Littlefield family requested that their son be exempt from the policy, but were denied. In response, the Littlefields filed a lawsuit against the school district, under the pretenses that this uniform mandate infringed on their rights as parents to control how they brought up their children and their education. They even went as far as to cite an infringement on religious freedom, claiming that opting out of the uniforms on the grounds of religion allowed the school to rank the validity of certain religions. Before trial, the District Court dismissed the case, so the family appealed. Ultimately, the Fifth Circuit Court ruled that the students' rights were not being violated even though the claims presented were valid. They ruled that school rules derived from the education would override the parents' right to control their children's upbringing in this specific situation. As far as the religious freedom violation accusations, the court ruled that the policy did not have a religious goal, and thus did not infringe on religious freedom rights.
Jacobs v. Clark County School District
In 2003, Liberty High School, a school of the Clark County School District in Henderson, Nevada, implemented a uniform policy of khakis and red, white or blue polo shirts. A junior by the name of Kimberly Jacobs was suspended a total of five times because she wore a religious shirt to school and got cited for uniform violations. Her family sued the Clark County School District under the claims that her First Amendment rights were being infringed upon and that the uniform policy was causing students to be deprived of due process. The plaintiff's requests were for injunctive relief, the expunging of suspensions from Jacob's school record and awarding of damages. The injunction was granted to the family meaning that the school could no longer discipline her for breaking the uniform policy. At this ruling, the school district appealed. The next court ruled on the side of the school district as it determined that the uniform policy was in fact neutral and constitutional, and it dismissed the claims of the plaintiff.
Frudden v. Washoe County School District
In 2011, a Nevada public elementary school of the Washoe County School District decided to add the school's motto, Tomorrow's Leaders embroidered in small letters on the shirt. In response, Mary and John Frudden, parents of a student sued the school district on the basis of it violating the 1st Amendment. The court ultimately dismissed the case filed by the Fruddens over the uniforms. However, the family appealed, and two years later, a three-judge panel of the 9th U.S. Circuit Court of Appeals heard the case. The court ruled to reverse the previous decision of dismissing the case, and also questioned the apparent policy for students that were part of a nationally recognised group such as Boy Scouts and Girl Scouts who were able to wear the uniforms in place of the school ones on regular meeting days. The 9th circuit panel ruled that the school had not provided enough evidence for why it instituted this policy, and that the family was never given a chance to argue.