Is is Legal to Refuse to Feed a Child for Violating a Dress Code?
Law Magazine May 12th. 2011, 6:41amDress codes are a life long battle of fashion versus regulation. In today’s society dress codes are enforced for a myriad of reasons including safety and structure. In a lot of venues this comes in the shape of a uniform. This is the case of a Chicago Public School that has come under fire recently for refusing to serve breakfast to two brothers who were not wearing the correct black dress shoes to school.
Niko and Noah Nicholson are 5 and 6 year old brothers who attend Adam Powell Grade School, an elementary school located in a lower middle class neighborhood of Chicago. The boys participate in the free meal program, which is to provide both breakfast and lunch to the boys during the school day. When the boys were denied their breakfast because of the violation of school uniform they were confused. Their mother states they had been wearing the same black tennis shoes everyday this year and no one had mentioned it was a violation, they were never even given a warning.
After review, it was found that the dress code doesn’t state that the shoes have to be dress shoes, just black shoes. and research of the disciplinary regulations listed on the school website states that children may be sent home for violating the dress code, but no where is it listed that students will have their meals taken away. This dress code meant to protect the children and promote structure is what the administration used to deny the boys the right to a meal that they qualify for. At least if they had been sent home their mother could have given them breakfast.
Does the Chicago Public School District face legal implications for this negligent and abusive method of discipline? The answer is yes. The school violated the basic human rights afforded to these boys by refusing to serve them food for wearing the wrong shoes. Schools are responsible for providing our children a safe and healthy environment for them to develop and grow. And while a violation of the dress code requires corrective measures it does not afford the power to the school to violate federal law. The Healthy-Hunger Free Kids Act of 2010 protects families with children like Niko and Noah, who rely daily on the free meals provided to them at school.
Calling out children for violating a dress code is one thing. However when the punishment violates their protected right to eat a healthy meal and imposses such a gross punishment for wearing the wrong types of shoes sends a volatile message to children. It is an indignity that not only violates laws, but violates the spirit of public education. Social acceptance and understanding is as important as the lessons taught in the classroom. This type of archaic punishment is a gross transgression that the parents of our society needs to fight for our children.
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