51 Texas school districts violating hairstyle discrimination law, ACLU says

(NEXSTAR) — Fifty-one independent school districts across the state of Texas were found to still be violating a law intended to protect Black and other minority students from hairstyle discrimination, the American Civil Liberties of Texas said this week.

The ACLU says it sent letters to the districts who aren’t enforcing the Texas CROWN Act, which forbids discrimination against hairstyles and hair textures known to be worn by Black people from being considered a violation of any dress code. The law, which was signed into law last year, applies not only to schools, but also workplaces and housing authorities.

The types of hairstyles include protective hairstyles , like dreadlocks (or “locs”), braids, afros and cornrows — all of which have historical and cultural context for Black and Indigenous communities going back centuries.

The ACLU posted a sample letter, as sent to Harlingen Independent School District Superintendent Dr. J.A. Gonzalez, which highlights a provision in the school’s 2023-24 student dress code that includes “excessively bushy hair” among inappropriate hairstyles.

In its sample letter, the ACLU politely requests that the district revise dress code to remove any language that may violate the CROWN Act, with the union saying that by doing this, the district may be able to avoid “costly potential legal or administrative challenges.”

ACLU of Texas says some districts have already responded to its letters, including Boling ISD, Cisco ISD, Floydada ISD, Meadow ISD, and Tolar ISD. The ACLU says these districts have said they would revise their policies ahead of the new school year.

The full list of school districts found to be in violation can be found on the ACLU of Texas website.

“Not only is it the law — but it’s essential for ensuring that students of color are free to be themselves and to express their racial and cultural identity at school,” said ACLU of Texas attorney Chloe Kempf. “All students, no matter their race, religion, gender, or how they wear their hair, deserve to feel welcome at school, without the threat of discriminatory dress codes.”

The ACLU’s letters were also co-signed by several state equality advocacy organizations, including the Texas Civil Rights Project and the Transgender Education Network of Texas — in addition to many national groups including the NAACP Legal Defense Fund.

Earlier this year, the ACLU of Texas reviewed dress and grooming codes for the 2022-23 and found that over 80% of districts’ codes had vague hair policies which could discriminate against Black and Indigenous students.

The ACLU report also found that 7% of the dress codes reviewed completely banned or restricted hairstyles and textures associated with race.

Other forms of dress code discrimination

ACLU’s report, “Dressed to Express: How Dress Codes Discriminate Against Texas Students” , also found some other ways dress codes may punish students for appearances related to culture or identity.

• Gender — The report found that 53% of surveyed districts’ dress codes followed older gender stereotypes, like rules that male students must have short hair and can’t wear nail polish, if they choose. Meanwhile, some rules unfairly applied to girls include requiring female students to wear dresses to graduations. The ACLU explains these kinds of rules limit both male and female-identifying students, in addition to adding discriminatory possibilities for gay, lesbian, transgender, non-binary and intersex students
  
• Religion — Over 80% of surveyed districts banned head coverings, even without religious or cultural exemptions. Additionally, about 13.2% of surveyed districts had rules against wearing clothing or jewelry with religious symbols on them
  
• Income — ACLU says nearly 80% of districts’ dress codes restricted clothing that may be frayed, dirty, oversized or undersized — which can discriminate against poorer students who may only be able to wear hand-me-downs or older clothing

To learn more about the CROWN Act, which stands for Creating a Respectful and Open World for Natural Hair, visit TexasCrownAct.org .

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