I need an attorney to file a lawsuit against Our public School District for Descrimination and Harassment?

Question

I am the mother of a Honors Child who has Teal streaked Highlights in her hair. They wrote my child up on disciplinary form as well as suggested we redye her hair. The dress code states "Hair color and/or style may not be gang related, gothic or disruptive. Ok No gangs in my Very small town ~Not gang related, Very finely streaked and daughter dresses western prep, boots and all so NOT Gothic as for Disruptive, no teacher of hers sent her to Principle she was hand chosen while in hallways AND Principle states "Her hair is not disruptive but he has to draw the line somewhere" Now there are MANY other children in school with pink or red or very Noticeable and Distracting hair colors as well as a young man with a Pink Mohawk, needless to say this is not my First fight with the school district as I have been assaulted by the Asst. Principle, My child has been repeatedly used as an "Example" And yet Remeber she is a Straight A 4.0 Student in Advance classes including Gifted and was inducted into the Honor Society as well as having NEVER been written up until this Blue hair Power Struggle. HELP

Answer 1

Blue is a gang color. Your daughter is much safer away from school without gang colors in her hair.  

Answer 2

In a recent case a school strip (link1) searched a 13 girl old girl over ibuprofen. It took hundreds of thousands of dollars a friend of the court filing from ACLU and two separate trials in the second highest court in the land to get this child vindicated.

Your case is clearly winnable but who will pay? You can show the principle this ruling but he probably already knows about. He also knows that there is really nothing you can do. If you wanna be proactive and if your daughter is the sort who likes this kind of thing she could start wearing a  she could wear a hijab.

The Tinker Guidelines

• Is it offensive?

• Is it illegal?

• Does it cause a substantial disruption?

In Tinker vs. Des Moines Independent Community School District was a Supreme Court case that is still used today to determine whether a student’s first amendment rights were violated during a school punishment. During the Vietnam War, two students planned to wear armbands to school showing their disapproval of the war. The school, fearing commotion, banned the armbands before the students even had a chance to wear them at the school. Mary Beth Tinker, John Tinker and Christopher Eckhardt chose to display their dissatisfaction anyway. In consequence for breaking the rules, the students were suspended. The students sued, and the course went all the way to the Supreme Court. The court ruled in the Tinker’s favor, saying that public schools can only limit First Amendment rights if there is a substantial disruption. Because there was no substantial disruption the Court ruled that the Tinkers and Mr. Eckhardt could wear their armbands.

Answer 3

You didn't ask a question.

So, how did your daughter who is begin ganged up on by the administration and teachers get a faculty recommendation for Honor Society?

Disruptive is a very broad term.  It allows for a very generous interpretation on the part of the faculty.  I doubt very seriously that you will find a lawyer willing to take on a case that has already been fought and lost in many school districts.

If you find an attorney to take the case, legal precedence has already been set.  The courts have always ruled in favor of the school district.

It's funny how you describe it as a power struggle.  Who runs the school, the administration or you?  You also claim that she has been repeatedly made an example, but she's never been in trouble (written up).

Answer 4

If your question is "Do I need an attorney?" the answer is YES.

This will be a very difficult case.  Most recent court decisions have supported even idiotic decisions by school administrators about students' hair.

Bringing an action pro se will almost certainly result in losing the case quickly.

The school district will have an attorney representing it.

Answer 5

Sounds like the school system just has a problem with you so they are picking on your daughter.  I would pick out another student with an unusual hair color that your daughter likes and take her to get it done exactly the same.  When they say something about it, give them a list of examples and tell them that what they are doing is discrimination and you will be contacting a lawyer, as well as your local news.  This should make them back off.  Most districts don't want negative publicity.  Good luck!

Answer 6

You need to ask a question.

Answer 7

Would you like a lawyer from Alaska or Texas??

Answer 8

school policy is school policy but, if you can prove that other children have dyed hair too then demand that all those children also be disciplined. better yet, make copies of the letter and distribute them to all parents whose children have dyed hair. then sit back and smile.