In a recent decision, the Fourth Circuit also addressed the applicability of Title IX to school dress codes. Pelletier vs Charter Day School (4th Cir. 2022). In that case, the dress code for public charter schools required girls to wear skirts to school and boys to wear shorts or trousers. A kindergarten girl’s mom challenged the skirt requirement.the court of Peltier It held that “Title IX clearly applies to gender-based dress codes.” This example illustrates the challenges school districts can face with dress codes that have gender-specific requirements for students.
In June 2021, the U.S. Department of Education’s Office for Civil Rights issued an Interpretation Notice explaining that Title IX’s prohibition against discrimination based on gender extends to discrimination based on gender identity and sexual orientation. The US Department of Education’s June 2022 draft Title IX rule proposed to include discrimination based on gender identity and sexual orientation within the scope of Title IX sex discrimination. The proposed rule could require significant changes to many school dress codes.
what this means for you
School dress codes will undoubtedly continue to be a hot topic in education as schools review recent court decisions and new Title IX regulations and update their policies to reflect the new requirements.