Judge recommends reversal of Waterloo school dress code policy

A state administrative law judge issued a preliminary ruling today that voids a standardized dress code policy adopted by Waterloo school officials.

Carol Greta, legal counsel for the state Department of Education, found that the school board exceeded its statutory authority in enacting a dress code that was “prescriptive” in nature. The proposed decision will be considered by the Iowa Board of Education at its Nov. 17.

“We are not unsympathetic to the district's position that a dress code that goes beyond ‘what not to wear' may have several desirable outcomes for students, staff and families of the district,” Greta wrote in her proposed decision. “The decision does not mean that a prescriptive uniform dress code is wise or unwise.

“However, whether (the Iowa Code) should be expanded to give authority to public school boards to enact prescriptive uniform policies must be left to the Legislature to decide, not the local school board and not the state Board of Education,” she concluded in reversing the Waterloo Community School District board's May 24 decision to impose a district-wide, standardized dress code policy.

“Obviously, we're happy with her findings,” said Rick Peters, one of two parents who challenged the dress code, contending it is illegal because it dictates what students can wear rather than disallowing objectionable clothing items.

School administrators and board members countered during a Sept. 1 hearing before Greta that the policy the district currently has in effect falls within their legal authority. School officials and Steven Weidner, the district's legal counsel, were not immediately available for comment.

During last month's hearing, Weidner argued that school officials did not act “arbitrarily or capriciously” or abuse their discretion in implementing a policy change that was necessary to maintain the health, safety and positive educational environment for students, faculty and staff at Waterloo school buildings.

While voiding the dress code policy, Greta's ruling kept in tact a district regulation related to overly bagging clothing, pants with sagging waistlines, and flip-flops and other open-toed footwear.

The appeal was based on Chapter 279.58 of the Iowa Code, which allows districts to ban "gang-related or other specific apparel" if the board determines that the policy is necessary for health, safety or a "positive educational environment" as well as for appropriate discipline and school operations.

The Waterloo standardized dress code, for the most part, requires modest, professional clothing. Shirts must have a collar or turtleneck and sleeves and be in solid colors specified by the school. Bottoms must be in a limited range of solid colors and materials, with no jeans allowed. Closed-toe shoes are required along with belts when pants have belt loops.

Dress Code Decision