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CLARK EXEMPTION REQUEST |
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Exemption Request August 18, 2002 Mrs. Brenda Hummel, Natalia
High School Principal Mr. Oswaldo Garcia, Natalia
Jr. High School Principal
Ref: Opt out provision from wearing school uniforms for Brian Clark and Scott Clark I sincerely request that my children, Brian Clark and Scott Clark, be exempted from the mandatory uniform policy due to my philosophical, sociological and religious beliefs. I believe, as I have for the past two school years, that requiring my sons to wear the mandatory uniform goes against my philosophical, sociological and religious beliefs 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. A
religious or philosophical objection is an objection that is rooted in
either religion or philosophy.
My philosophical objections are based on several works of John
Dewey as well as other philosophers and leaders.
In “Democracy and Education, “Dewey’s treatment of the
problems of emphasizing conformity is the aim, what is distinctively
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, aversion to progress, and dread of
the uncertain and the unknown. I
see the required mandatory uniform as an improper external standard.
In “Philosophies of Freedom”
Dewey characterizes freedom in terms of the enlargement and
diversification of choices. He
states that freedom functions as both a condition and a goal in moral
choice. I see the required
mandatory uniform an interference with our diversification of choices.
These beliefs are clearly rooted in the philosophy of learning.
I have the statutory rights, fundamental rights, duties and
authority for my children, including, but not limited to the right to
direct the moral and religious training, and to establish the duty of
care, control, protection, the right to make decisions concerning my
children's education; and it is my duty to provide clothing for my
children. The Texas Family
code does not specify school uniforms.
(Texas Family Code 151.003) You
as state agencies, have no authority to “take any action that violates
the fundamental right and duty of a parent to direct the upbringing of the
parent’s child”. (Texas Family Code 151.005, Act of May 26, 1997 HB.
425, 3, 75th Leg, R.S).
(a) The Fourteenth amendment’s due Process Clause has a
substantive component that “provides heightened protection against
government interference with certain fundamental rights and liberty
interests,” Washington v. Glucksberg, 521 U.S. 702, 720. I strongly believe that the requirement to wear the mandatory uniform is a direct infringement of the first amendment to the U.S. Constitution. Freedom of speech, of the press, of association, of assembly and petition—this set of guarantees, protected by the first amendment, comprises what we refer to as freedom of expression. The Supreme Court has written that this freedom is “the matrix, the indispensable condition of nearly every other form of freedom.” Without it, other fundamental rights, like the right to vote, would wither and die. How a person dresses is an expression of themselves, an extension of free speech. “In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school as well as out of school are ‘persons’ under our Constitution.” (U.S. Supreme Court Justice Abe Fortar, Tinker v. Des Moines School District [1969]). “Liberty
is the only thing you can’t have unless you give it to others”
William Allen White The very first objective of public education is that I am a full partner with educators in the education of my child. (Texas Education Code 4.001[b]) The United States Congress has specifically stated, as a founding principle of the U.S. Department of Education, “The Congress finds that parents have the primary responsibility for the education of their children, the States, localities, and private institutions have the primary responsibility for supporting that parental role…”Department of Education Organization Act, Pub. (96-88, Title 1, 101, Oct. 17, 1979, 93 Stat 669, codified in 20 U.S.C. 3401[3]). Requiring students to wear uniforms goes far beyond a reasonable dress code calculated to promote decorum and safety. “It is a small but significant step in the erosion of individual liberty.” -- Lawrence Fischman “The greatest Glory of a free born People, is to transmit that Freedom to their children”
William Harvard I believe that forcing my sons to wear a mandatory school uniform would be detrimental to their individuality and self-esteem. I have always had an active role in Brian and Scott’s rearing and education. I have instilled in my children good moral values. Values such as a good education is the key to a good job, not wearing what the kid next to you wears. Brian and Scott have been taught to dress with personal style; that what they wear is an expression of who you are. They have been taught that homework and studying hard are what school is all about. We have never encouraged fad dressing and believe that asking Brian and Scott to dress differently at this point would only undo all that has been taught thus far. “Suffocation
of human freedom among a once free people…is more far-reaching in its
implications and its effects on their future that the destruction of their
homes, industrial centers, and transportation facilities.
Out of rubble heaps, willing hands can rebuild a better city, but
out of freedom lost can stem only generations of hate and bitter struggle
and brutal oppression.” “When we lose the right to be different, we lose the privilege to be free”
Charles
Evans Hughes, The School is an arm of the government and as Texas has a compulsory attendance law for a student between the ages of 6 and 18, attendance at this school is therefore mandatory and not voluntary. There is a difference between a voluntary setting and compulsory setting. It is my philosophical belief that it is neither the government’s role, nor the role of the school as an arm of the government, to mandate what I or my family wear or what we spend our money on. We are after all a democratic republic and not a communistic regime. The requirement of a school uniform specifically mandates what my children wear and dictates how I spend my money and thus the government is dictating how to dress my children and how I spend my money. Students are no longer provided a free education when they must purchase a uniform to attend school. Wearing the uniform should be voluntary. I concede that uniforms have been useful in many U. S. Schools, BUT there is not one shred of evidence that they must be FULLY MANDATORY to have their beneficial effects. Two of the school districts, which report the greatest success from uniforms –Long Beach and Miami Beach –, allow parent opt-out for ANY reason. So EVERY school in those districts have SOME street clothed kids attending, yet the schools STILL report GREAT success from a uniform program. Peer pressure will induce most kids to wear uniforms even if they are not 100 percent mandatory. My children choose to participate in team sports. This is their choice. They know that a certain mode of dress comes with this choice. They are not forced to wear anything; they can leave the sports program at any time without consequence. School is not an activity, club, program or organization that one is given the freedom of choice to attend. It is my belief that it is okay to wear a uniform in a voluntary setting. I do not agree with a forced required uniform in a compulsory environment. All people have occasion to wear a special type of dress (uniform) for graduations, weddings, funerals etc. Luke 2:40 – And the child grew, and waxed strong in spirit, filled with wisdom: and the grace of God was upon him. I believe that supervised competition is healthy for Brian and Scott, physically, mentally and spiritually. I believe that healthy competition can inspire one in leadership qualities. These are tools that they will need to continue to grow and become strong Christian men. This is not a violation of my parental authority. Nor, is it too much tampering with what they will become. I have allowed Brian and Scott to participate as this is what they have chosen. The uniforms worn in athletic competition are incidental. They are a necessary tool by which the referees can judge the game. They are also usually required for safety purposes as well. Those are not violations of my strongly held beliefs. And it does not interfere with my parenting my children. “What light is to the eyes – what air is to the lungs – what love is to the heart – liberty is to the soul of man” Robert Green Ingersole I believe that a person needs to accept other persons as individuals, that we are all different and that we come from a multitude of different cultures. I believe that this is important for Brian and Scott to experience as teenagers. This is important in their learning peer pressure and in coming up against persons from different racial backgrounds. Forcing Brian and Scott to dress as everyone else does only detracts from this learning experience. Brian and Scott will have to wait until they are 18+ years old to experience these differences if they are forced to turn their backs on their beliefs or their parent’s beliefs. I feel that it is important for Brian and Scott to know that it is okay to go against the grain, and that you don’t always have to go with the flow if that does not make you comfortable. Brian and Scott need to learn that they will be making choices outside of school and that learning to live with those choices is a part of growing up. Choosing proper clothes is but a small part of this process, but a part of it non-the less.
“Conform
and be dull” All too often our children do not have textbooks or other important educational tools. Education dollars are being squandered in courtrooms defending uniform policies destined to be doomed illegal. There is no reasonable justification for denying a child, who is ready and eager to learn, his/her education because of the color of a shirt. If a student is prepared to learn, that learning cannot be conditioned on how he/she is dressed. We as adults, spout platitudes to our children, such as “It is who you are on the inside that counts,” and then we tell them, “because you are wearing the wrong color you are not worthy of an education.” In a culture where diversity is a point of pride, can we justify this sort of intolerance? We celebrate Black History month, Cinco de Mayo, Fiesta, Stock Show, etc. Yet we squelch individuality and diversity. Who’s the hypocrite? One of the concepts put forth by the school is that uniforms put everyone on a level playing field and this is a socialistic concept. I believe this requirement, whether indirectly or directly, result in the government forcing a specific political ideology on to its citizens and I object to the school, which is an arm of the government, forcing a political ideology onto my child and my family. We are free to believe in any political ideology and I do not believe we are all on the same level, nor do I want my children taught that it is necessary that we all be on the same level. We are all on different levels and this is a fact of life in our country. I have taught my children that we are socio-economically above some and socio-economically below others. If he works harder to obtain a greater level then I do not want him taught that he should feel guilty and have to hide his success from others. And just the opposite applies as well. If there are others who are better off than him I do not want him feeling shame nor do I want him to feel that others are obligated to hide their success from him. It is my philosophy that if we work hard then we have the right to be proud of that fact and if we’ve done our best then we should feel no shame and we should just be happy for others. Required uniforms are an attack on two privileges permitted by most dress codes – informality and diversity. Celebrate diversity. America is a “melting pot”; it should not be a bland puree! Encouraging and appreciation of and respect for differences are a very important part of education. There will always be people who dress in more expensive clothes, drive fancier cars, and live in bigger homes. Accepting that fact and learning that those things are not as important as who a person is on the inside is another important part of life that some people never learn. 1 Samuel 16:7 – “The Lord does not look at the things man looks at. Man looks at the outward appearance, but the Lord looks at the heart” Luke 12:15 – “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.” “The
unity of freedom has never relied on uniformity of opinion” John Fitzgerald Kennedy I believe that it is my right as a parent to determine how my children should dress to attend a public school, just as it is my right to determine how they should dress for church or social gatherings. The Natalia Independent School District had a perfectly good dress code in place prior to 2000. I have never allowed my children to dress improperly to attend school nor would I ever allow it. I do believe that allowing Brian and Scott to choose their school clothes, within guidelines, teaches them discipline; but allows their freedom of expression. I believe that parenting should not stop at the crosswalk to school, but that parenting extend to all aspects of my children’s life; whether at home, work or school. The American spirit is not about conformity. It is about allowing individuals the opportunity to think outside the box. The ingenuity of individual thought has made this country great, and public education has fostered this type of thinking. The choices they makes reflects on how well I did as their parent. Having the school take over those choices usurps my abilities and rights as a parent. I do not want my children taught that he must conform to be considered acceptable. This requirement mandates that my children conform or else be ruled unacceptable. The requirement of school uniforms teaches my children that only attire mandated by a few is acceptable in our society, to the exclusion of everything else and in actuality, just the opposite is true. In our society there are certain that are unacceptable and the majority of clothing attire is perfectly acceptable in this educational environment. I believe that the mandatory uniform requirement is a violation of the Ninth Amendment of not only my right to privacy to raise my child as I see fit but also my children’s right to privacy. 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) Unless otherwise provided by law, a board of trustees, administrator, educator, or other person may not limit parental rights. I believe that schools requiring my sons to wear clothing that infringes on their and their families philosophical and religious beliefs are an infringement of my right as a parent. The United States Supreme Court ruled on June 6, 2000 in the case of Troxel Et vir. v. Granville, which said that parents have the final say in the care, custody, and control of their children. Forcing my sons to wear something that they know I am against teaches them to go against their parents and their parent’s teachings. How can I expect them to have faith in other life lessons that need to and will be taught in the future? The United States Supreme Court has recognized that the right to conceive and raise children is one of the “essential” and basic civil rights of man;” indeed, a right “more precious … than property rights.” Stanley v. Illinois, 405 U.S. 645, 651 (1972). Similarly, the Texas Supreme Court has stated that the natural right existing between parents and children is of constitutional dimension, and involuntary termination of those rights involves fundamental constitutional rights. See Holick v. Smith, 685 S.W. 2d 18,20 (Tex. 1985). In Texas, one need only look to TEX.FAM.CODE ANN 12.04 (Vernon Supp. 1991) which sets out a lengthy list of parental rights, privileges and duties; many of them going to the very core of what it means to be a parent. Section 12.04(I) gives a parent “the right to have physical possession, to direct the moral and religious training, and to establish the legal domicile of the child.’ Section 12.04(2) imposes upon a parent “the duty of care, control, protection, and reasonable discipline of the child.” Section 12.04(3) imposes upon a parent “the duty to support the child, including providing the child with clothing, food, shelter, medical care, and education.” Section 12.04(6) gives a parent “the power to consent to marriage, to enlistment in the armed forces of the United States and to medical, psychiatric, and surgical treatment.” These are just some of the rights and privileges conferred upon a parent under the Laws of Texas. Those set out above are undoubtedly the most traditional rights, duties, and privileges that, I feel, society has always considered at the core of parenthood.
I believe that it is my duty as a parent to teach my children grooming and
hygiene. I feel that I can
and have done this without the implementation of a school uniform.
My children bathe and brush their teeth and hair.
My children understand the use of deodorant and the purpose of
clean, neat clothes. (hygiene-the
science of health and its maintenance; system of principles for the
preservation of health and prevention of disease.
Webster’s Dictionary)
I believe that my children are well disciplined in the clothes that they
and I have chosen for them to wear to school.
Placing them in a look alike uniform will not teach them
discipline. It teaches them
that dressing a troublemaker to look like everyone else disguises the
troublemaker from view. Forcing
Brian and Scott to wear a mandatory uniform will teach them that if you
obey all of the rules you will be rewarded by having to look like the rule
breakers. Brian has been in
detention and ISS more times and Scott was sent to detention for the first
time since being forced to
wear the required uniform was implemented.
Clothes do not a gang make. A
sense of unity and school spirit comes from each person being treated with
respect, from each person believing that they are receiving something of
value, such as an education. This
same sense of unity and self respect will generate its’ own, more
potent, counter to gang influence, disruptive behavior, and risky
lifestyles. (Discipline-treatment
that corrects or punishes, training that develops self-control, character,
or efficiency. Webster’s
dictionary)
I believe that enforcing the mandatory uniform requirement is more of
a disruption than allowing the old dress code policy.
Teachers have to act as uniform police.
They are being forced to focus on who is in violation of the
uniform policy and thus are not focusing on the subject that they are
hired to teach. This has been
proven over the last two years. More
students are spending time out of the class for dress code violations than
in the class learning. They
can’t focus on learning because their focus is on what they are wearing
and if they could be in violation of the uniform code.
We should be focusing on what goes into the mind of the students,
and not what is on them. Let’s
not greet our children with, “Good morning.
Do you have your uniform? No?
Well, go home then. No
education for you today.” Do
you choose to run our public schools in the manner of prisons, boot camps,
and parochial schools? Should
you in public education place such a premium on forced conformity?
You should celebrate your student’s individuality, which gives
teachers the opportunity to open a significant port of entry into their
lives and build deeper more authentic relationships with them.
(Disrupt - to break apart;
split up; rend asunder. Webster’s
Dictionary) “I
believe that our own experience, instructs us that the secret of education
lies in respecting the pupil. It
is not for you to chose what he shall know, what he shall do.
It is chosen and foreordained that he only holds a key to the
secret. By your tampering and
thwarting and to much governing, he may be hindered from his end and kept
out of his own. Respect the
child, wait and see the new product of nature, let your love’s analogies
be not repetitions. Respect
the child, be not too much his parent, trespass not on his solitude.” “Education
that consist in learning things and not the meaning of them is feeding
upon the husks and not the corn”
I believe that the clothing that my children wear is just as
safe if not more so than the required
mandatory uniform. I do not
see how the uniform avoids safety hazards.
My children would never be allowed to wear something that could be
harmful to him or to others. With
all students dressed the same, a student attacking another student would
be more difficult to identify than if he/she were in their natural dress.
An outsider could very easily don khaki and navy and blend in very
easily on the campus. It
would also be more difficult to locate an abducted student if all in the
area fit the same dress description.
(Safety-1. a being safe;
security. 2. any of certain
devices for preventing accident. Webster’s
dictionary) (Hazards- 3.
peril: danger. Webster’s
dictionary) “If
fifty million people believe a foolish thing, it is still a foolish thing.
Anatole Frances
I believe that my children’s clothes would not be a distraction to academics but the opposite. Brian and Scott would be more comfortable in their own clothes thus making them more open to learning, instead of focusing on how uncomfortable the uniform makes them feel. If they are focused on being uncomfortable then they are not paying attention to the lesson being taught. The teachers seem to be the ones distracted from academics. They are the ones that have to locate and point out the violations to the uniform policy. They do not have a degree in teaching fashion or school uniform etiquette. They do not have a degree to direct the moral and religious upbringing of my children or any other child. Why is denim not conducive to learning? Why would plaids, stripes, prints or colors other than khaki, navy and white be a distraction to academics? (Distractions – 1. a distracting or being distracted; confusion. 2. anything that distracts. Distract – 1. to draw away in another direction; divert. 2. harass; confuse. 3.to derange; craze. Webster’s dictionary) I believe that it takes more than clothes to teach respect for authority. My children have been taught to respect their elders, to say yes sir and no sir, no matter what the adult is wearing. Brian and Scott know that “clothes do not make the man” and that respect is earned and not bought. Most authority figures; police, firemen, doctors, etc…. are the ones in uniforms; not the other way around. Perhaps if the board’s intent was for the student’s to respect the administration and faculty, they should be the ones to wear the uniform. Clothes don’t make the man but education does. For some students, that extra discipline that a school uniform could provide might be all they need to thrive and succeed. For my sons, the more freedom the better. Uniforms can be great for those students who need more structure, but I hate to see what it does for those students who do not. (Respect – 1. to feel or show honor of esteem for. 2. to show consideration for. Authority – 1. the power or right to give commands, enforce obedience, take action, or make final decisions: jurisdiction. 3. power or influence resulting from knowledge, prestige, etc. Webster’s dictionary)
“The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently.”
Nietzsche I believe that a mandatory uniform is a direct infringement of the first amendment to the U.S. Constitution, freedom of religion. We are Christian and Brian and Scott have been raised to pray to God, believe in God and that the Bible is the ultimate and last word. Brian and Scott have been raised and will continue to be raised with deeply rooted beliefs in Christianity. My parenting is guided by the instruction I find from both the Old and New Testaments of the Bible. My objections are not based upon a specific doctrine of a religious or philosophic group that its members must not wear uniforms. However, my objections are rooted in philosophy and religion.
I believe that forcing Brian
and Scott to wear the required
mandatory school uniform goes against their religious upbringing.
I believe that forcing
me to force Brian and Scott to
wear the required mandatory
school uniform goes against my religious upbringing.
The Fifth Commandment says, “Honor
thy father and thy mother”.
Requiring Brian and Scott to wear the uniform goes against their
fathers and mothers beliefs, thus causing them to violate the Fifth
Commandment. Requiring me to force
Brian and Scott to wear the uniform goes against my fathers and my
mother’s beliefs, thus causing me to violate the Fifth Commandment.
Proverbs 1:8 – My
son, hear the instruction of thy father, and forsake not the law of thy
mother. Ephesian 6:1
– Children, obey your parents in
the Lord; for this is right. Ephesians
6:2 – Honour thy father and
mother, (which is the first commandment with promise).
Colossians 3:20 – Children,
obey your parents in all thing; for this is well pleasing unto the Lord.
Colossians 2:20 – Wherefore
if ye be dead with Christ from the rudiments of the world, why, as though
living in the world, are ye subject to ordinances.
Proverbs 22:6 – Train
up a child in the way he should go: and
when he is old, he will not depart from it.
Proverbs 6:20 – My
son, keep thy father’s commandment, and forsake not the law of thy
mother. These beliefs are
clearly rooted in religion.
Religious has been defined as: 1.
Relating to or manifesting faithful devotion to an acknowledged ultimate
reality or deity < a ^ person><^attitudes>2: of, relating to,
or devoted to religious beliefs or observance
My children and I have the right to be free from any and all acts of retaliation, harassment, intimidation, interrogation, or other acts of retribution by any employee or agent of the School District or Educational Institution for the exercise of any of my constitutionally protected rights, including, but not limited to, the right to direct moral upbringing and education of my child. Mayer v. Nebraska, 262 U.S. 390 (1923). Pierce v. Society of Sisters, 268 U.S. 510 (1925). Section 1983 remedies are available to me against you and/or your employees or agents for any such wrongful acts. (42 U.S.C. sect 1983). District or campus personnel shall not discriminate against any student whose parent or guardian chooses to submit a request for exemption for religious or philosophical objections to the uniform requirement. (District Policy FNCA Local) In closing, I believe that I became who I am because of my parent’s philosophical, sociological and religious beliefs and their allowing my choices in growing up. I work at a facility that has a dress code and not a required mandatory uniform. I am what I am and work where I work by choice. I would like to see the same opportunities for my children. I grew up sharing my parent’s beliefs and my sons have grown up sharing my beliefs. I requested exemptions last year and the year before that for my children and my beliefs have not and will not change. My beliefs are sincere and my children know how important those beliefs are to me and to them. I take my role as a parent and hold it in the highest esteem. It is the most important thing I have ever done. I would hope that you would recognize the sincerity in my bona fide philosophical and religious objections, and my beliefs in asking for an exemption from the requirement to wear the mandatory uniform, and grant my uniform exemption request. Thank you for your consideration. I know you will be fair and non-judgmental in this endeavor. The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender, or submission.” John Fitzgerald Kennedy Respectfully, Diane Clark Parent - Natalia Independent School District
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