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Exemption Request

August 19, 2002

To Whom It May Concern:

I request my child Benjamin Bates be exempt from the Natalia ISD uniform policy.  It is obvious from my actions the last two and a half years, my petition drives, my comments in the media, the ten letters that have been published in local newspapers, and my appearances before the school board that I feel strongly about the issue of mandatory school uniforms. I am requesting an exemption based on my philosophical and religious objections under the Texas Education Code 11.162 (c), which states:

A parent or guardian of a student assigned to attend a school at which students are required to wear school uniforms may choose for the student to be exempted from the requirement or to transfer to a school at which students are not required to wear uniforms and at which space is available if the parent or guardian provides a written statement that, as determined by the board of trustees, states a bona fide religious or philosophical objection to the requirement.

From my extensive research over the last two and a half years on the issue of school uniforms, I sincerely believe that school uniforms are at best, a fad and at worst can be extremely harmful to the learning environment.  As Los Angeles Millikan Middle School principal Norman Isaacs states, "I have soured on uniforms over the past three years, interest has declined.  The uniform is like a bandage; it solves some of the symptoms but not the real problem. I think it is going to gradually fade away."  At Los Angeles Mulholland middle school they have a uniform policy.  Only problem is nobody wears one.  The uniform look has been pushed to the back of the closet.  Mr. Tarin, the principal, said it makes very little difference.  He states "I'd like to see all of my students in them.  But I would rather use my time to improve education at my school."

A federal study of nearly 5000 students published Sept/Oct `98 in The Journal of Educational Research conducted by David Brunsna & Kerry Rockquemore has found that students that are required to wear uniforms are NO LESS LIKELY than their casually dressed peers to get in trouble in school, to fight, smoke, drink alcohol, or use illegal drugs.  And they were NO MORE LIKELY to attend school regularly or to get higher test scores. A second study published by Educational Testing Service found, "schools that required school uniforms did not have levels of delinquency significantly different from schools that did not require school uniforms." As a parent, supporting and promoting school uniforms given the amount of information that is contrary to uniforms is illogical and hypocritical. This is one reason that as a parent I object to my son being forced to wear school uniforms.

As a Christian I believe that both the Old and New Testaments of the Bible contain instruction by which we should live our lives and raise our families. I use many of the lessons contained in the Bible in my day-to-day life. I have taught my son many of these lessons through out his life and continue to instruct him, as he gets older. I believe that forcing Benjamin to wear a school uniform when he knows how opposed I am to this issue will jeopardize the spiritual instruction I have given him.  I consider my job as a parent to be the most important thing I do. I only have a short time to teach, train, model, and prepare my son for his future. I have always had an active role in my son’s upbringing and education. I believe it is my job as a parent to provide him with the guidance he needs to prepare him for his future. This guidance involves devoting myself to meeting my son’s needs.  I believe a parent should set REASONABLE and AGE-APPROPRIATE limits. I also believe it is a parent's job to help their children learn to take care of themselves.  With understanding guidance, a child will grow from dependence to independence gradually and always with the love that is his birthright. My son has been choosing his own clothes wisely for many years.  I believe that a superficially imposed mandatory school uniform policy would be a backward step in his growth process. I believe that many principles by which one human being can influence another to develop in a psychologically healthy manner can be found in the Old and New Testaments.  As a parent, I rely on Christ's examples of acceptance, gentleness, kindness, trust, faith, forgiveness, patience, understanding, and unconditional love. The Golden Rule not only applies to adults, but also to children.  When I stop and think, "Am I treating my child the way that I would want to be treated", I find myself handling parenting much differently than I otherwise might.  When I apply the Golden Rule to school uniforms and ask myself, "Would I want to be told what to wear day after day and not be given a choices in my attire?"  No, I wouldn't. Then why should I expect my children to conform to school uniforms if I myself wouldn't want to be told what to wear?

One of the key factors in choosing to move into the Natalia School District was the research I did concerning the school system. At that time there was no Uniform Policy but a very straightforward dress code was in place, I thought this was good. I wanted Benjamin to attend a school the size of which would not relegate him to being just another number on someone’s attendance roster. I also wanted him to learn socialization skills and at the same time be able to express some individuality. I do not wish my son to accept without questioning interventions from the government. In (Colossians 2:20) we are instructed not to subject oneself to regulation. Some of the greatest leaders of our history believed in standing up to government intervention in their lives.  If no one took a stand to try to improve the quality of life or to challenge something that is wrong, we would still have segregated schools, women would not be allowed to vote, and young children would be working instead of going to school. 

I have always taught my son to stand up for your beliefs, even if it seems that everyone else is giving in.  This confidence to be able to resist is important for him to be able to say NO to peer pressures of alcohol, drugs, etc. I have taught him to value education, because the more education he has, the more choices he will have in his adult lives. Many minimum wage jobs require uniforms. Professional positions usually allow for more flexibility in attire.  A higher education provides more choices in life.  I don't wear khaki pants and a polo shirt to work day after day.  It is a choice I have made in my life.  What a boring town this would become if Natalia were like "Pleasantville" and the only acceptable clothes were khaki pants and the only acceptable shirts were white, and navy polo shirts.

Texas Education Code CHAPTER 26 addresses PARENTAL RIGHTS AND RESPONSIBILITIES In Sec. 26.001.  (a) Parents are partners with educators, administrators, and school district boards of trustees in their children's education.  Parents shall be encouraged to actively participate in creating and implementing educational programs for their children.   (b) The rights listed in this chapter are not exclusive.  This chapter does not limit a parent's rights under other law, (c) A board of trustees, administrator, educator, or other person may not limit parental rights.

I believe the passing of school uniform policies shows a lack of respect for the authority of parents.  Until this uniform policy was brought up, my son’s attire was never an issue, in the home or at school. I believe that it is the PARENT'S RESPONSIBILITY TO TRAIN THEIR CHILDREN.  I accept and do not wish to relinquish my responsibility to raise and educate my child. I believe that a mandatory uniform policy is unnecessary government intervention into how I spend my limited resources. There are many families including mine that rely on good quality hand-me-down clothing and don't spend a large portion of our income on school clothes each year.  This mandatory uniform policy places a financial burden on many parents that don't qualify for assistance.

I believe forcing my son to appear as a clone of the person next to him promotes group thinking and lessens his individuality. I believe my son must first learn to stand as an individual, to form his own beliefs, to make his own choices and to understand that he and he alone, is responsible for his actions. I believe mandatory uniforms promote group thought and not individual thought. I am raising an individual, not a team and I am not a proponent of the "anything for the team" philosophy, nor do I want my son socialized in this manner. I want him to make his own choices and I want him to be able to explain why he made those choices. The argument “everybody’s doing it” doesn’t work with me.

I believe mandatory uniforms infringe upon Benjamin’s right to freedom of expression guaranteed in the First Amendment. As a parent it is my obligation to ensure that this does not occur. I want Benjamin to fully appreciate his constitutional rights. I have taught him that he is free to express himself and develop his own identity. Identities are not something that can be turned off and on like a light switch nor should he be required to do so. And yes I believe children by virtue of their U.S. citizenship do have rights. I realize many people quote the First & Fourteenth Amendments of the Constitution when discussing freedom, which is argued by attorneys and defined and clarified over time by judges through the legal system.  Although the Supreme Court stated that a student's rights are not relinquished at the school door, there are still some who believe that children have no rights. However, the only age limitation you will find in the Constitution deal with the holding of legislative and executive offices and the age limitations referenced in the Amendments relate to apportionment of Representatives and then finally there is the reference “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” While this does not limit those who are under the age of eighteen from voting, it does ensure that those over the age of eighteen cannot be denied the right to vote. What children do not have is the power to assert their rights. The Constitution would be just another piece of paper if we did not have the power to assert our own rights. The rights of adults are often violated but we have the ability and power to seek redress, whereas children do not. Laws and Limits have been set on a child’s ability to seek redress, and therefore it becomes the responsibility of the parent to do so. Rather than arguing a legal point, I'd like to point out that the Declaration of Independence clearly states that all Men are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.  As Americans, we greatly value our freedom of choice.

           Abraham Lincoln once said, "Those who would deny freedom to others deserve it not for themselves."  Uniforms in public schools should be a family or individual choice within reasonable guidelines of decency and safety.  Students should be allowed to dress comfortably and uniquely.  Their rights as human beings do not stop at the school door.   I realize that some people look down on children as inferior, but I am comforted by (1 Timothy 4:12), "Don't let anyone look down on you because you are Young, but set an example for the believers in Speech, in Life, in Love in Faith and in Purity." 

The School District has stated that one benefit of uniforms is to improve a student’s self-esteem. I believe physical appearance is a faulty foundation for building a child's confidence.  I give God all the credit for every gift my child has, and I try to teach him to do the same, I feel this gives my son a sense of humble appreciation.  I continually teach my son to value the inside of a person, not the outside. "The Lord does not look at the things man looks at.  Man looks at the outward appearance, but the Lord looks at the heart" (1 Samuel 16:7).  Jesus said, "Watch out! Be on your guard against all kinds of greed; a man's life does not consist in the abundance of his possessions" (Luke 12:15).  I have always emphasized that no one is better or worse than anyone else because of what they have or don't have.  This applies to uniforms as well; no one is better than anyone else because they wear a uniform.  Instead of taking the emphasis off of appearances, this uniform policy places the emphasis on our student's appearance!

I believe that by teaching my son, that we are defined by who we are on the inside and what we accomplish, not by what we look like or dress like will help him develop in a positive manner. I grew up with these values and I want to pass them on to Benjamin. I will not sacrifice this concept because of someone’s notion that a modicum of control will be gained. I believe that mandatory uniforms incorrectly places to much value on how one is dressed and not how they are acting or what they are accomplishing at school.

Benjamin’s self esteem is just fine in the clothes he was previously wearing which meet or exceed any requirements of the pre uniform dress code. I believe forcing him to wear a uniform could potentially harm his self-esteem and diminish the value of the lessons I have tried so hard to teach him.

The district has also implied another of the purposes of school uniforms is "BUILDING PRIDE", yet I have taught my children that pride is an attitude of superiority, a puffed up mentality that manifest itself in an arrogant, unrealistic estimation of oneself in relation to others.  Instead I believe we should be humble, not thinking of ourselves as better than anyone else.  I also believe we should not base our self-esteem on conditional or transitory factors such as how you look, what you've done, the job you hold, or the attention you receive. Another purpose of school uniforms is to create a  "SENSE OF BELONGING", yet I believe that a child's sense of belonging should be with the family, not the school. 

I believe we live in a world where we depend on our ability to get along with people that are different than us and that in this diversity we can find our own individual identity as well as accept others in their differences.

UNIFORMS VIOLATE the TRAINING that I have given my son. (Proverbs 22:6) teaches that I should train my child in the way he should go, and even when he is old he will not depart from it. It is my belief that it is my right and responsibility as a parent to teach my son what is appropriate and what is not. I do not want anyone to teach my son that stripes, plaids, prints and non-offensive designs are inappropriate attire for school or anywhere. Nor do I want anyone to punish my son for wanting to wear such attire. It is my responsibility to teach Benjamin what is appropriate attire. I feel that plaids are appropriate to wear to school and I do not want my son taught that they are not. I feel that prints are appropriate to wear to school and I do not want my son taught that they are not. I feel that stripes are appropriate to wear to school and I do not want my son taught that they are not. I feel that non-offensive designs are appropriate to wear to school and I do not want my son taught that they are not. I could of course go on and on, but I think my point should have been made by now.

I believe learning to live with ethnic, racial, and a social difference is a big part of growing up and maturing. I also believe we need to celebrate these differences and not try to force everyone to conform to one standard. It is my belief that requiring my son to dress a certain way and in taking away his choice, you are not guiding him towards the realization that certain things or actions are inappropriate, but instead you are fostering the horrendous belief that it is unacceptable to dress, look or think any other way than as dictated by certain people in society. I believe mandatory uniforms teach intolerance of individual differences and foster the concept that it is unacceptable to be different. I am vehemently opposed to Benjamin being taught this or socialized in this manner.

Another example of this comes specifically, from the book DESIGNER GENES by Ken Abraham.  (Psalms 139:13-16 and Romans 12:2).  "You are a unique individual.  An original with unique gifts, talents, and personality traits.  Why should you want to be like someone else?  You don't have to be! You, as a Christian, are free from external status symbols of the world.  In fact, our Creator despises our attempts to squeeze all of His diverse, original creations into the same mold.  That's why Paul wrote, `Do not be conformed to this world, that you may prove what the will of God is, that which is good and acceptable and perfect.'  Dare to be yourself!"

I think the Natalia School District’s diversity is one of its assets in teaching our children this important life lesson. I believe this lesson in dealing with diversity would greatly benefit my son after school when he enters the real world. I do not want his next experience at choosing his own clothes to come after he graduates from High School. According an article in Education Week titled "Violence Is Preventable" by Maurice Elias, professor of psychology at Rutgers University, "To change a school's culture so all children can learn, we must address the relationships that exist in that school.  Adults and young people who develop skills to communicate with one another, problem-solve together, believe in the richness of diversity, and embrace conflict as an opportunity to grow, can and do contribute to the kind of school culture we search for in schools today."  Uniforms
do not show respect for diversity.  In this article several guidelines are suggested to foster a safer, more caring school climate are given, and uniforms are not in the recommended list.

It is my belief that we must teach our children tolerance of individual differences. I will not foster any concept that says in is unacceptable to be different. If we have children who look down on others, I can guarantee you that it is a behavior they have learned, whether it be from their parents, society, television, or some other influence in their lives. This is not an innate behavior that a child is born with. Until we teach them it is wrong they will continue with that behavior and thus pass it on to their children. You cannot change this behavior by making everyone look the same. What about individual differences we cannot change, like race, sex, physical appearance, etc.? We have had to establish laws to protect people from this non-acceptance. Thankfully society’s notions are gradually changing and we as members of the human race are beginning to understand that it is outrageous to even consider such things. But still we see discrimination. We have to do everything we can to fight any form of it. We cannot make everyone fit into someone’s notion of what is right. By saying you can only dress this way, we are erroneously teaching our children, by example, that it is okay to exclude something that is different from what we say, simply because we are adults and we are in power. We are not teaching our children acceptance, but instead we are teaching them that as long as they are in a position of power or have the upper hand, that they can exclude and control anything or anyone.

I also believe Uniforms can be the cause of problems between students. Uniforms make it more obvious to other students that someone is violating a dress code because the guidelines are excessively strict and if one student is not reprimanded, but another one is, selective enforcement is significantly more noticeable.  This can cause problems between students that otherwise would have gone unnoticed under the previous Natalia Independent School District dress code. I believe that mandatory uniforms can actually be detrimental to the learning environment.  I have been informed that teachers are the "police" of this policy and have taken time from classroom time to check the students for "proper attire".  Uniforms create a visible difference that is not conducive to the learning environment.  There are no studies showing that requiring collar on shirts or khaki over denim promotes either discipline or learning  -- a T-shirt and jeans is perfectly appropriate for public school wear.  The teacher/student relationship is important in a child's learning process.  It is important that the teacher not be seen as the "uniform police" that this mandatory uniform policy requires them to become. 

I believe uniforms also jeopardize the safety of our children. If a student is assaulted, he will be less likely to identify his assailant if he doesn't know that student's identity, since he won't be able to identify him by his clothing.  I also believe uniforms jeopardizes the security of the schools since anyone dressed in khaki and white can slip into the hallways posing as a student. 

          I would like to remind everyone that Schools were not created to mandate conformity, but to educate. The work of John Dewey reflects this in “Democracy and Education”, Dewey addresses the problems of emphasizing conformity with external standards. Dewey states that since conformity is the aim, what is distinctly individual in a young person is brushed aside, or regarded as a source of mischief or anarchy. Conformity is made equivalent to uniformity. Consequently, there are induced lack of interests, aversions to progress, and dread of the uncertain and the unknown. I believe the mandatory school uniform requirement is an improper external standard.

Since the spring of 1999, I have been opposed to the methods used to promote uniforms, of misleading the Board of trustees and the parents with partial and biased information. I was disappointed with the District Administrations intentional misrepresentation of statistics in order to promote this policy.  I am sure we could also find that many schools with uniforms did worse than other schools that did not have uniforms during the past two years in the area of attendance, dropouts, discipline referrals, and grades.

          In closing I believe that school uniforms cross the line and intrudes on my rights as a parent. The United States Supreme Court made a ruling on June 6, 2000 in the case of TROXEL v. GRANVILLE (99-138), 530 U. S. ____ (2000), (Found on-line at http://supct.law.cornell.edu/supct/pdf/99-138P.ZO), Which said a parent has a fundamental liberty interest in the care and upbringing of their child. While some may attempt to dismiss this case as just a custody hearing I believe the opinions written by U.S. Supreme Court Justices O’Connor, Souter, and Thomas in, Troxel set out with great specificity my right as a parent to rear and to socialize my child. With regard to my constitutionally protected parental rights, Justice O’Connor writes “[t]he liberty interest at issue in this case—the interest of parents in the care, custody, and control of their children— is perhaps the oldest of the fundamental liberty interests recognized by this Court. Troxel v. Granville, Opinion of O’Connor, J., page 6. She went on further to explain that, “in Pierce v. Society of Sisters, 268 U.S. 510, 534—535

(1925), we again held that the ‘liberty of parents and guardians’ includes the right ‘to direct the upbringing and education of children under their control.’ We explained in Pierce that ‘[t]he child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.’” Id. page 6-7. After referring to numerous other similar cites, Justice O’Connor concludes that “[i]n light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. Id. page 8.

I believe my son will think less of my ability to make a decision on his behalf if he is forced to wear a uniform while knowing my beliefs thus forcing him to break the 5th commandment which instructs children to honor their parent’s and their parent's teachings. This is reinforced in (Proverbs 1:8) stating; "My son, hear the instruction of thy father and forsake not the law of thy mother." I respectfully request that the school board now find my reasons sincere and genuine and grant the exemption from the uniform policy to me under the Texas Education Code 11.162 (c) which states:

A parent or guardian of a student assigned to attend a school at which students are required to wear school uniforms may choose for the student to be exempted from the requirement or to transfer to a school at which students are not required to wear uniforms and at which space is available if the parent or guardian provides a written statement that, as determined by the board of trustees, states a bona fide religious or philosophical objection to the requirement.

I ask that you will respect my rights as a parent, my parenting
philosophy, my religious beliefs, and my bonafide philosophical and religious objections to the mandatory uniform requirement and grant this exemption.

  Respectfully,

 

  Kirk Bates

 

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