Why are schools still using dress codes to discriminate against girls?

A few months ago, someone scrawled this provocative message on the wall of a girls' bathroom stall at a high school in Corona: “I can get sent home for a tank top, but a guy can sexually assault me on campus and nothing happens.”

I wasn't surprised when my daughter, a high school sophomore, showed me a photo of the note.

For months, I'd been hearing how she and her female friends felt vulnerable to the whims of school staff inspecting and commenting on their clothing and bodies as they enforced the dress code every day.

Meanwhile, my older son and his male friends breezed through four years of high school without feeling overly scrutinized by school officials.

As it turns out, students at other schools nationwide have similar experiences.

An investigation by the U.S. Government Accountability Office late last year revealed that many school dress codes have created unsafe and inequitable conditions, possibly violating students' civil rights that guarantee equal treatment.

And the Supreme Court is considering weighing in on a 2019 ruling in the 4th Circuit Court striking down a North Carolina charter school's requirement that girls must wear skirts or dresses.

Students at the school say the requirement is discriminatory and conveys the message that girls are inferior to boys.

As parents, we expect that our sons and daughters will be treated equally if they attend a public school as is guaranteed by the Equal Protection Clause of the 14th Amendment to the Constitution and Title IX, a federal civil rights law that prohibits discrimination in schools or education programs that receive federal funding.

Yet girls are often unfairly targeted by school administrators nationwide enforcing sometimes arbitrary dress restrictions.

California and other states give local districts wide latitude in creating and implementing dress codes to promote school safety and discipline. California's Education Code, for example, specifically cites “gang regalia” in the section granting schools the right to set rules regarding dress.

School districts regulate far more than potential gang-related clothing, with rules stipulating, for example, that leggings can be worn only with a skirt, dress or long shirt and specifying the length of skirts, tops and dresses. Dress codes skirt laws against discrimination by regulating items of clothing for all students rather than creating separate rules for girls and boys.

Many administrators have the right to send students home, or potentially suspend them, if students are wearing clothing they consider inappropriate. At my kids' high school, the scrutiny starts at the school gates.

The mostly male security guards assess girls' outfits, especially their tops, as they walk by. Among the prohibited clothes are spaghetti straps, tank tops, crop tops and low-cut tops. Some girls are told to zip up their sweatshirts, if they're wearing one.

Treating students in such dehumanizing ways has no place in any school. However, according to the GAO, almost half of all public schools nationwide enforce a strict dress code, and these policies tend to include more rules for girls than boys.

Moreover, the GAO found that schools with higher percentages of Latino and Black students are more likely to enforce strict dress codes.

As a parent, I believe that such emphasis on girls' outfits is harming the learning environment. At a time when many students are struggling with mental health issues and pandemicinduced learning difficulties, administrators should be using their time to help students with their academics, not causing them to lose class time over discriminatory dress codes.

School districts should revise these rules — or dump them.