Sharyland in dispute over “discriminatory” dress code – Progress Times

Sharyland ISD suspended a 5-year-old boy from Martinez Elementary School for having long hair, and now the American Civil Liberties Union of Texas is fighting for him. On November 11, the ACLU filed a complaint with the United States Department of Education’s Office of Civil Rights, alleging discrimination based on sex and religion.

Kindergarten student JR has been suspended from school for about a month because he and his family don’t want to cut their hair. The student is Latin and Native American. He wears long hair to celebrate his cultural heritage and religious beliefs, according to ACLU documents. The family requested a religious exemption for JR, but the SISD denied the request. Additionally, ACLU staff attorney Brian Klosterboer explained that the Sharylands dress code is also gender discriminatory, as girls can wear their hair long without being hung up.

The attorney said the Texas ACLU has focused on dress code and grooming issues for the past several years. They surveyed more than 1,000 school districts in Texas last year and found that 477, including Sharyland, still had rules requiring only boys to wear short hair. The ACLU has sent a letter to these 477 school districts letting them know that this type of policy is unconstitutional. The policy also violates Title IX, a civil rights law that protects people from discrimination based on sex.

The civil rights organization was in the midst of a similar affair with Magnolia ISD near Houston when it learned of what was going on in Sharyland.

It is truly inexcusable that they still follow a policy that several federal courts have found to be unconstitutional and discriminatory, Klosterboer said. And it’s especially damaging that they derailed a kindergarten year, especially without any regard for the heritage, ancestry and religious belief of Native American students.

The district could not release specific details as it would violate the Family Education Rights and Protection of Privacy Act, but they made a statement.

Sharyland ISD believes in treating all of its students with dignity and respect. That being said, we also have policies and procedures in place as per our Student-Parent Handbook, said Director of Public Relations Nancy Barboza. Sharyland ISD remains committed to the safety and emotional well-being of our students and staff.

When the SISD denied the religious exemption for RJ, the district requested proof of Indigenous ancestry, which is not a requirement of federal law. The attorney said the district’s asking the family to prove their ancestry was discriminatory and inherently invasive.

Most school districts across the state, suffice it to say this is my religious belief; this is something that I sincerely hold. And that’s the end of the story because it’s personal to you. You don’t need to get a letter from your pastor or be a member of a church, Klosterboer said. The public school district is a government entity. It is not the government’s role to question that and ask you questions that require you to prove your religious belief.

The ACLU is awaiting a response from the school district, but their demands are as follows: allow JR to return to class immediately without cutting his hair and change their policy for everyone. If Sharyland contested the claims, the Civil Rights Office would investigate, which could take weeks or months. The OCR would be required to take a closer look at Sharylands policies. They would start conducting interviews and collecting data on the app before negotiating to resolve the issue.

The Civil Rights Office has immense power over the federal funding that public school districts receive, but of course, was not asking that they actually lose all federal funding. Hopefully the school district decides to resolve this issue long before it comes to this, the ACLU attorney said. There is no reason to harm and discriminate against their students. And we certainly don’t want to jeopardize the federal funding they receive that benefits all students. They should simply update and change this outdated and discriminatory policy.