51 Texas school districts violate law against discrimination based on black hairstyle: ACLU

(NEXSTAR) — Fifty-one independent school districts in Texas are still violating a law meant to protect black and other minority students from discrimination based on hairstyle, the American Civil Liberties of Texas reported this week.

The ACLU says it has sent letters to districts that are not enforcing Texas’ CROWN Act, which prohibits discrimination based on hairstyles and hair textures known to be worn by black people as a violation of any dress code. The law, signed last year, applies not only to schools but also to workplaces and housing authorities.

The types of hairstyles include protective styles, such as 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 has posted a sample letter, as sent to Dr. JA Gonzalez, Superintendent of the Harlingen Independent School District, highlighting a provision in the school’s 2023-2024 student dress code that includes “excessively bushy hair” as one of the inappropriate hairstyles.

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

The 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 said they would review their policies for the new school year.

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

“It’s not just the law, it’s essential to ensure that students of color are free to be themselves and express their racial and cultural identities at school,” said ACLU of Texas attorney Chloe Kempf. “All students, regardless of 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 organizations, including the Texas Civil Rights Project and the Transgender Education Network of Texas, along with many national groups, including the NAACP Legal Defense Fund.

Earlier this year, the ACLU of Texas reviewed dress and grooming policies for the 2022-2023 school year and found that more than 80% of school districts had vague rules about hair care, which could discriminate against Black and Indigenous students.

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

Other forms of discrimination based on dress codes

The ACLU report, “Dressed to Express: How Dress Codes Discriminate Against Texas Students,” also found that there are other ways dress codes can punish students for their appearance that relate to their culture or identity.

• Sex — The report found that 53% of districts surveyed followed dress codes that followed older gender stereotypes, such as rules that male students must have short hair and can’t wear nail polish if they choose. Meanwhile, some rules are unfairly applied to girls, including requiring female students to wear dresses to graduation ceremonies. The ACLU explains that these types of rules restrict both male and female students, in addition to adding discriminatory opportunities for gay, lesbian, transgender, nonbinary and intersex students
• Religion — More than 80% of the districts surveyed banned head coverings, even without religious or cultural exceptions. In addition, approximately 13.2% of the districts surveyed had rules against wearing clothing or jewelry with religious symbols on them
• Income — ACLU says nearly 80% of district dress codes banned clothing that was frayed, dirty, too big or too small — which can discriminate against poorer students who may be allowed to wear only secondhand 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.