Civil Liberties

When the founding fathers framed the constitution of the United States, they realized that democracies were equivalent to mob rule.  So instead they chose to craft a republic, and a constitution which would protect the inalienable rights of all individuals.  

Hence, in our system of government the will of a majority cannot trump civil liberties.  Among the many rights afforded us are freedom of expression, freedom from government imposed religion, freedom from government discrimination against any class of people, etc.  

A charter school is not a private school--it is a public school because it accepts funds derived from taxpayers.  As such, it cannot violated civil liberties.  Herein we come to the legal dilemma facing many charter school’s uniform policies.  Uniform policies cannot thwart freedom of expression, they cannot violated the separation of church and state, they cannot discriminated against the the poor, or any class of people.  

Herein, the brightest legal minds on civil liberties suggest that all public schools (including charter schools) should adopt an “opt out” policy wherein parents can choose to excuse their children from participating in mandatory uniforms.  By doing so schools will protect themselves against civil rights litigations.  

For example, students cannot be hindered from wearing clothing which express belief, or political opinion.  Moreover, many religions observe their own dress codes.  For example, Sikhs do not cut their hair, devout Jews wear yarmulke, Muslims women wear hijab, etc.  Furthermore, children cannot be discriminated against for not having the financial means to afford required uniforms.  (see links below.)

Freedom of Expression in Dress Does Not End at Schoolhouse Gate: Tinker v. Des Moines -- landmark case before the Supreme Court.

http://www.aclu.org/free-speech/all-dressed-and-nowhere-go-students-and-their-parents-fight-school-uniform-policies

Charter Schools are Public Schools Bound by Constitutional Principles Protecting Civil Liberties:  

http://www.aclu.org/religion-belief/aclu-michigan-challenges-charter-school-church-state-violations

Students are not Required Unfair Burden to Prove Religious Beliefs In Order to “Opt Out” of School Uniforms: 

http://www.aclu.org/religion-belief/aclu-and-18-texas-families-sue-stop-prove-your-religion-school-uniform-policy

Responsibility to offer Financial Assistance when Requiring School Uniforms:  

http://www.aclu.org/human-rights/aclu-expresses-concern-over-cleveland-schools-plan-end-assistance-families-who-cannot-a

ACLU's Point of View on School Uniforms:  For a Public School Uniform Policy to be Legal, it Needs an “Opt Out" Provision.

http://www.gate.net/~rwms/UniformLinksLitigation.html

The “Opt Out” provision does not destroy the rights of those that want to participate in wearing uniforms.  Moreover, schools relieve themselves of the problematic duties of enforcing uniform policy, and place it squarely on the shoulders of parents where it belongs.  

Schools that have adopted the “opt out” provision continue to receive the benefit of uniforms, and almost all of their students continue to wear their uniforms voluntarily under parental control.  

If Freedom Academy would adopt a thoughtful “opt out” provision, parents, student’s, teachers and administration would be far happier and many of the problems plaguing the school would disappear overnight.  Otherwise they open themselves up to possible litigation and run the risk of fostering further discontent.  

by: Confuse She Us Said