Illegal Hair Codes: ACLU Identifies 51 Texas School Districts with Racial Bias

MJP –

A report from the American Civil Liberties Union of Texas reveals that fifty-one school districts in Texas enforce discriminatory hair policies that unfairly target Black and Indigenous students.

Last year, the districts broke the Texas Creating a Respectful and Open World for Natural Hair Act, which was approved. The CROWN Act bans discrimination based on hair texture or styles linked to specific racial groups in schools, workplaces, and housing authorities.

Hair that is safeguarded encompasses afros, cornrows, braids, and locs.

In a statement released to the press, ACLU lawyer Chloe Kempf emphasized the importance of allowing students of color to freely express their racial and cultural identity at school, highlighting that it is not only a legal requirement but also crucial for their well-being. Every student, regardless of their ethnicity, beliefs, gender, or hairstyle, should be able to experience a sense of belonging in school, free from the fear of biased clothing regulations.

The ACLU of Texas has dispatched letters to every one of the 51 school districts, notifying them that their policies seem to be in breach of state regulations. The organization asked the schools to modify their regulations on clothing and hairstyles for the upcoming academic year. Twelve additional civil rights organizations at the state and national levels also signed the communications.

The coalition expressed in a letter to the Harlingen Independent School District that their policy categorizing “inappropriate hairstyles” as those with “excessively bushy hair” appears to go against the principles of the CROWN Act.

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The letter states that you have a special opportunity to eradicate the negative effects of unfair clothing and appearance rules.

In February, a report released by the ACLU of Texas revealed that more than half of the public school districts in the state enforce biased dress regulations. In the survey, it was found that over 80% of districts employed “ambiguous and subjective” hair guidelines, with 7% specifically banning hairstyles and textures linked to ethnicity, some of which are safeguarded by the CROWN Act.

In a statement to the press, Patricia Okonta, assistant counsel at the Legal Defense Fund, expressed that hair discrimination unfairly targets and places a heavier burden on Black people, Indigenous people, and other protected groups who choose to wear natural or protective hairstyles that are closely tied to their identities.

During the year 2021, the Monahans-Wickett-Pyote Independent School District menaced two Indigenous boys with punishment for proudly displaying their ancestral long hair. Black students at the Barbers Hill Independent School District have faced multiple instances of being disciplined for wearing their hair in locs. In October 2023, the district suspended a Black student for violating a policy that had been deemed unconstitutional by a court ruling in 2020.

Okonta stated that discrimination based on hair can significantly impact the ability and achievements of Black and Indigenous students, exposing them to specific prejudices and punishments that result in them being deprived of educational opportunities.

A letter was sent to the school districts listed below:

Advantage Academy

• Amigos Por Vida-Friends For Life Public Charter School
• Boling ISD
• Borden County ISD
• Bovina ISD
• Calallen ISD
• Cisco ISD
• Comstock ISD
• Cotton Center ISD
• Crawford ISD
• Devers ISD
• Douglass ISD
• Farwell ISD
• Floydada ISD
• Harlingen ISD
• Huckabay ISD
• Ingram ISD
• Iola ISD
• Jim Ned CISD
• La Feria ISD
• La Villa ISD
• Latexo ISD
• Lingleville ISD
• Malone ISD
• Meadow ISD
• Nazareth ISD
• Newman International Academy
• Panther Creek CISD
• Paradise ISD
• Perrin-Whitt CISD
• Raymondville ISD
• Robert Lee ISD
• Roby CISD
• Roma ISD
• Runge ISD
• Sabinal ISD
• Santa Anna ISD
• Santo ISD
• Simms ISD
• Sundown ISD
• Tekoa Academy of Accelerated Studies
• Tolar ISD
• Walcott ISD
• Wheeler ISD
• White Deer ISD
• Whiteface CISD
• Whitharral ISD
• Wink-Loving ISD
• Winona ISD
• Winters ISD
• Zephyr ISD

The Tolar Independent School District announced its intention to revise its regulations before the start of the 2024-2025 academic year, as reported by the ACLU of Texas.