How does a school establish a school uniform standard?
Each school community should develop a student dress standard policy to meet local needs. This policy must be developed in a collaborative process, having regard to fundamental principles such as access, participation, respect for others and continuity.
The final standard may be decided through a ballot, survey or other consensus techniques. DOEM module SC- 09: School Dress Standards sets out a process for the adoption of a student dress standard. The student dress standard should be aimed at upholding a reasonable standard of appearance for students and to ensure the safety of students and staff. The policy distinguishes between inappropriate dress and reasonable dress. Inappropriate dress is that which is:
- offensive;
- likely to disrupt or otherwise negatively influence the normal operation of the school;
- unsafe for students or others;
- likely to result in a risk to the health of the student or others.
Reasonable dress, on the other hand, may not conform with the school's student dress standards, but nevertheless is socially acceptable.
The DOEM states that a school's student dress standard must be documented and referenced to the school's student behaviour management policy.
Care must be taken, however, that there is legal authority to enforce the sanctions imposed in the behaviour management policy.
The legal position in Queensland is that uniforms are not compulsory in any Queensland state school.
Furthermore, because schooling is compulsory, deprivation of educational instruction is not legally defensible if it occurs because of non-compliance with a student dress standard, which is not based on any legal or legislative authority. Therefore, it is not appropriate to detain, suspend or exclude a student due to non-compliance with a school uniform standard, as these sanctions require a level of either:
- disobedience by the student
- misconduct of the student
- other conduct prejudicial to the good order and management of the school sufficient to warrant the sanction to be taken.
Nor is it appropriate to otherwise exclude the student from core curricula-activities so long as the student is not posing a health or safety risk to him/herself or others.
On the other hand, a "no-hat-no-play" sanction is appropriate, because the reason for the sanction stems from a concern for the welfare of the student rather than non-conformity with a certain standard, and it will not deprive the child from educational instruction.
It may similarly be necessary to prevent a student from entering a manual arts workshop without covered shoes, or asking a student to tie hair back or remove jewellery where there is a danger it may get caught in machinery.
If a student is inappropriately dressed, the principal should take action to prevent risk of injury to the student or others, or action that maintains the normal operations of the school.
The student's parents may be informed of the inappropriate nature of the dress, and to prevent recurrence discussions may he held between the parents, student, school and other members of the school community. If a student persistently wears inappropriate dress, a process of conflict resolution or mediation may be implemented.
If a student is not conforming with the school uniform, though reasonably dressed, the principal may inform the parents that the dress is non-conforming and hold further discussions with the parents and student. If a student is persistently not conforming with the school uniform, though reasonably dressed, the principal may use appropriate conflict-resolution or mediation strategies, which may involve other members of the school community. It must also be remembered that any decision to impose a sanction against a student is a decision Which may be reviewable under the Judicial Review Act 1991.
Source: http://www.rag.org.au/school/microscope.htmDownload: governmentSchoolsNSW.pdf [821Kb]
School uniform law left in limbo
The State Government is resisting calls to resolve the legal limbo over compulsory school uniforms.
Ombudsman Fred Albietz raised the issue last year when he said state school principals were acting unlawfully by making students wear uniforms.
With Queensland's 460,000 students due to return to school next week, teachers and principals have been waiting for Education Minister Dean Wells to solve the problem.
But he is resisting calls to change the law, promising instead to make a statement to parliament which he is confident will be a solution.
Queensland Teachers Union Vice-President Julie-Ann McCullough said the union had been advised that legislation was needed to enforce compulsory uniforms. School communities could make policies but principals at present could do nothing if students decided to flout the rulings, she said.
Queensland Secondary Principals Association president Bernadette O'Rourke said legislation would "bury the issue" but Mr Wells' parliamentary statement would be "a big step" forward.
Mr Wells, who is seeking legal advice on the issue, said he was exploring options which could put an end to the uncertainty created by the Ombudsman's report without changing the law.
He is concerned that legislating on basic issues of school life will create further legal complications in running schools.
Although he is in favour of uniforms, the decision on whether they are compulsory A will remain up to individual school communities.
Principals would have to take a commonsense approach and not harm the academic career or humiliate students who had valid reasons for not wearing uni- forms, he said.
http://www.rag.org.au/school/sm171.htm