H. B. 2977
(By Delegates Williams, Campbell and Perry)
[Introduced March 10, 2005; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18-2-35 of the Code of West Virginia,
1931, as amended, relating to authorizing school level
implementation of student uniform policies; stating findings
and purposes; requiring State Board and county board policies;
and specifying certain provisions that must be addressed in
county policies.
Be it enacted by the Legislature of West Virginia:
That §18-2-35 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-35. Student uniforms; findings and purpose; state county and
school policies.
(a) The Legislature hereby finds that the clothing and footwear
worn by students in public schools often preoccupy and distract
students from their major purpose for being in school, which is obtaining an education. The Legislature finds that in schools that
have adopted a dress code requiring students to wear school
uniforms, disparities in student socioeconomic levels are less
obvious and disruptive incidents are less likely to occur.
(b) The state board shall promulgate rules in accordance with
article three-b, chapter twenty-nine-a of this code that allow a
county board to implement a dress code requiring students to wear
a school uniform. The uniforms may be required by the county board
for either a school district, or for any certain school within the
district. The rules shall provide at least the following:
(1) The county board may create an advisory committee comprised
of parents, school employees and students for the purpose of
considering whether the board should adopt a dress code requiring
school uniforms for students in the district;
(2) The county board may create an advisory committee comprised
of parents, school employees and students for the purpose of
considering whether the board should adopt a dress code requiring
school uniforms for students in any certain school within the
district;
(3) If the advisory committee recommends to the board that a
dress code requiring school uniforms for students be adopted either
for the district or for any certain school within the district, the
advisory committee also shall make recommendations on alternative
methods of paying for the school uniforms; and
(4) If the advisory committee recommends to the board that a
dress code requiring school uniforms for students be adopted either
for the district or for any certain school within the district and
if the advisory committee reports its recommendations on
alternative methods of paying for the school uniforms to the board,
the board may adopt a dress code requiring school uniforms for
students.
(a) Findings. -- The Legislature makes the following findings:
(1) A review of the affects of public school student uniform
policies in districts throughout the country supports the
conclusion that appropriate student uniform policies are associated
with:
(A) Enhanced school safety;
(B) An improved learning environment;
(C) A reduction in ethnic and racial tensions;
(D) Improved relations between students of differing
socioeconomic backgrounds;
(E) Improved behavior;
(F) Improved self-esteem; and
(G) Cost savings for participating families;
(2) Several public schools in this state have adopted pilot
student uniform policies and report positive experiences that
parallel those reported by districts throughout the country;
(3) Recommendations for the implementation of student uniform policies given to the Legislature by representatives of the schools
in this state that have successfully implemented pilot student
uniform policies include:
(A) Allowing policy adoption and implementation on a
school-by-school basis;
(B) Beginning the focus on policy adoption and implementation
at the elementary level before moving up to schools with higher
grade configurations;
(C) Including parent committees in planning, advocating and
assisting with the adoption and implementation of the policies;
(D) Requiring the approval of the parents by a super majority,
such as eighty percent, for the adoption and implementation of a
student uniform policy;
(E) Allowing for voluntary compliance with the student uniform
policy, accompanied by incentives for compliance and assistance to
disadvantaged students; and
(F) Anticipating a time frame from beginning advocacy,
involving parents, policy adoption and sufficient notice to final
implementation that usually takes about two years; and
(4) Information on public school student uniform policies and
successful strategies for implementing them should be reviewed by
county boards and disseminated to the schools so that they may make
an informed decision on whether to pursue adoption and
implementation. Organizations such as the West Virginia School Boards Association that routinely present information on a variety
of topics to county board members could assist in this effort.
(b) Purpose. -- The purpose of this section is to encourage
the dissemination of information on public school student uniform
policies and successful strategies for implementing them to all
public schools in the state so that they may be discussed and
considered on a school-by-school basis for optional adoption and
implementation. The further purpose of this section is to
establish a policy framework to authorize the adoption and
implementation of student uniform policies by public schools in
this state, including the minimum criteria that must be included in
the authorizing policies adopted by the county boards.
(c) State Board rule. -- The State Board shall revise its
existing legislative rule, "School Uniforms," if necessary to
comport with the provisions of this section.
(d) County board policies. -- Each county board shall adopt a
policy under which the schools in the county may be authorized to
implement a student uniform policy. The policy must address at
least the following:
(1) The principal, the faculty senate and the local school
improvement council of the school must agree that a student uniform
policy would benefit the school and obtain a vote of sixty percent
of the parents and guardians of the students at the school, or a
greater percentage if established in the policy of the county, to adopt a student uniform policy;
(2) The principal must obtain approval from the county
superintendent;
(3) The principal must appoint and may serve on a student
uniform policy committee comprised of professional and service
personnel, parents or guardians and, for schools with grade levels
above grade four, students of the school to formulate the school's
student uniform policy;
(4) The student uniform policy of a school must address at
least the following:
(A) The types and colors of the student uniform;
(B) Measures to encourage or compel compliance with the
student uniform policy including incentives and positive
reinforcement measures to encourage full compliance and
disciplinary measures that may be employed only after positive
measures fail;
(C) Exemptions from the student uniform policy including, but
not limited to:
(i) Noncompliance with the student uniform policy that derives
from financial hardship;
(ii) Wearing a button, armband or other accouterment that is
protected by the First Amendment of the Constitution of the United
States as an exercise of free speech in the public school setting;
(iii) When wearing the uniform violates the student's sincerely held religious beliefs; and
(iv) Wearing the uniform of a nationally recognized youth
organization such as the Boy Scouts, the Girl Scouts, or the Junior
ROTC on appointed days;
(D) A process to provide financial assistance for compliance
with the student uniform policy including, but not limited to:
(i) The designation of an employee or school volunteer to
assist families in need of assistance;
(ii) A procedure for families to apply for financial
assistance;
(iii) A procedure and criteria to identify families in need of
financial assistance; and
(iv) A description of the form and type of financial
assistance available in the school community which may include, but
is not limited to, a method for recycling uniforms within the
school community and any resources made available within the school
community and its business partners;
(5) The principal of the school must cause a brochure to be
published and distributed to the parents or guardians of the
school's students informing them of the implementation of a student
uniform policy at the beginning of the next school. The brochure
must:
(A) Fully describe the student uniform program;
(B) Contain a detailed description of the student uniform and list the range of costs for each competitively priced item; and
(C) Describe the procedure for seeking financial assistance
and the contact person; and
(6) A student may not be suspended or expelled from school,
nor may a student receive a lower academic grade, for failure to
comply with a school's student uniform policy. A parent conference
must be held before the imposition of disciplinary measures on a
student for failure to comply with a school's student uniform
policy.
(c) (e) Nothing in this section requires a county board
or any
public school to adopt a dress code requiring school uniforms for
students.
(d) (f) Nothing in this section requires any level of funding
by the Legislature, boards of education or any other agency of
government.
NOTE: The purpose of this bill is to
encourage the
dissemination of information on public school student uniform
policies and successful strategies for implementing them to all
public schools in the state so that they may be discussed and
considered on a school-by-school basis for optional adoption and
implementation. The further purpose of this section is to
establish a policy framework to authorize the adoption and
implementation of student uniform policies by public schools in
this state, including the minimum criteria that must be included in
the authorizing policies adopted by the county boards.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.