School-uniform lawsuit stays alive

       DEBORAH ALBERTO
       of The Tampa Tribune

       A federal lawsuit seeking to overturn the Polk County School Board's mandatory
       uniform policy must be refiled, a federal judge said this month.

       The lawsuit was filed in May by Chris Hughes, a Polk County parent, who was joined
       by 154 other parents alleging that the school board and former Superintendent Glenn
       Reynolds violated their constitutional rights when school board members mandated
       the types and colors of clothing elementary and middle school students must wear.

       A federal judge ruled Jan. 4 that the plaintiffs have 20 days to file an amended
       complaint that ties the complainants to specific incidents.

       That is good news to the plaintiffs, who were pleased that the judge refused to
       dismiss the case based on arguments brought up by the school board regarding the
       ``sufficiency of the allegations.''

       Those arguments are ``without merit,'' according to a ruling by U.S. District Judge
       James D. Whittemore. The case is being heard in the court's middle district, based in
       Tampa.

       Robert Norgard, the attorney for the plaintiffs, met privately with his clients Monday to
       discuss strategy. He said he will file the amended complaint by the Jan. 24 deadline.

       Norgard said he agreed to take the case without pay because he disagrees with the
       perception that something is seriously wrong with kids today and that changing the
       way they dress will fix it.

       ``I can't think of a generation of kids where adults didn't perceive that the world would
       be in big trouble if adults didn't do something to straighten them out,'' he said.

       The suit cites violations of constitutional rights, including freedom of speech and
       expression, freedom of religion, privacy and equal protection of the law.

       ``This has been an unusual case because of its continuing nature,'' he said. If it had
       been filed differently, ``we would have had to continually amend the complaint.''

       School board attorney Wes Bridges said he is glad the judge ordered clarification.

       ``We've been placed in a tough situation because we have not received much in the
       way of discovery'' information from the other side, he said.

       The school board recruited the law firm Holland & Knight as lead legal representative.
       Bridges is assisting.

       A pretrial hearing is set for Jan. 26, but neither side knows when the trial will begin.

       The policy was put into action in May 1999 when Reynolds recommended that school
       board members abandon a uniform policy with an ``opt out'' clause because it was
       difficult to enforce. Apparently, with the old policy too many parents chose not to
       make their children wear uniforms.

       Reynolds recommended imposing a mandatory uniform policy, and the board agreed
       in a 4-3 vote. Public reaction was mixed.

       Reynolds since chose not to run for a second term and was replaced by Jim Thornhill
       in November.

       When the policy began, Reynolds said strict enforcement would be the key to its
       success.

       But parents involved in the lawsuit allege that the district's administration went too far
       in enforcement.

       Hughes said it appears the schools are easing up on the policy as the case
       progresses, but figures on enforcement were not available from the school board last
       week.

       Superintendent Thornhill said he didn't know if administrators were easing up on
       enforcement. He said the policy would be reviewed at the end of the school year.

       There is ``no sense in creating more chaos while school is still in session,'' Thornhill
       said.

       Several incidents made the news after the policy started, including one in which a
       principal allegedly reached down the pants of a student to look at a tag to determine if
       her slacks contained spandex. The pants were 4 percent spandex - a policy violation -
       and the student had to change.

       Another student reportedly was made to wear a loaner shirt with an ``l'' on the sleeve
       after coming to school in unacceptable clothing. And a boy allegedly was made to
       change clothes when he appeared at school wearing a shirt that said ```God Bless
       America One More Time.'' Shirts with slogans are not allowed.

       The plaintiffs say that requiring parents to buy certain clothing interferes with students'
       right to a free education.

       Deborah Alberto covers Polk County education and can be reached at (863) 683-6538
       or dalberto@tampatrib.com