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ACLU of Utah Executive Director Clarifies Affiliate Position on School Uniforms in a Letter to the Editor

October 20, 1998

To the Editor,

In an editorial last Sunday, the Salt Lake Tribune advocated for mandatory uniforms in the public schools, and took the American Civil Liberties Union to task for opposing uniform policies. As the executive director of the Utah ACLU, I am writing to clarify our affiliate’s position on school uniform policies, which, despite the editorial’s implications, is far from absolute opposition.

In order for school uniform policies to be constitutional, they must contain certain conditions. Schools must, for example, make provisions for students who cannot afford the uniforms, and they need to allow students to wear religious articles of clothing. In addition, school uniform policies may be challenged if they do not contain an opt-out clause for those parents and students who do not want to participate in the program. By relying on the voluntary cooperation of students and their parents, schools avoid a contentious battle regarding freedom of expression and parental rights that has the potential to overtake other important educational concerns.

The ACLU of Utah has had positive experiences working with Utah school administrators and parents to draft uniform policies that do not infringe upon the constitutional rights of public school students. Two years ago, we were very pleased to work with the Nibley Park School administration in Salt Lake City, which drafted a uniform policy that contains all of the above protections.

The ACLU of Utah maintains that by drafting good policies that are sensitive to the rights of students, Utah’s public schools can address community concerns and still fulfill their goal to prepare educated and free thinking citizens for active participation in a democratic society.

Sincerely,

Carol Gnade, Executive Director
American Civil Liberties Union of Utah


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