Littlefield v. Forney Ind. School Dist.
| Decision Date | 03 August 2000 |
| Docket Number | No. 3:00-0575-T.,3:00-0575-T. |
| Parties | Sissy LITTLEFIELD, David Littlefield, Joel Odom, Susan Becmer, Nicholas Becmer, Jonathan Becmer, Stan Bland, Glenda Bland, Jennifer Bland, Jeffery Bland, Steve Calvery, Greta Calvery, Ashley Calvery, Scott Ryan Calvery, Lenny McKinney, Opal McKinney, Beverly McKinney, Rebecca McKinney, Virginia McLaren, Natalie Johnson, Tom Napper, Brandi Napper, Kevin Napper, Chelsea Napper, Mary Penn, Haley Penn, Lynzi Anderson, Drew Anderson, Michael Karadimas, Karen Stacey-Karadimas, Sunni Stacey, William Tapley, Norma Tapley, Kaytie Elizabeth Tapley, Cecilia Williams, Rachel Diane Williams, Cindy Woods, Dustin Woods, Benjamin Woods, Chad Woods, Aaron Woods, Danny Duckworth, Belinda Duckworth, Jeremiah Duckworth, Clayton Duckworth, Tammy Winner, Mark Winner, Ryan Winner, Daniel Ingram, Cliff Clipp, Kim Clipp, Michael Lambeth, Cash Cliff Clipp, Joe Don Law, Brad Law, David Lowery, Vanita Lowery, Madeline Lowery, Keith McCullam, Margaret McCullam, and Brandi McCullam, Plaintiffs, v. FORNEY INDEPENDENT SCHOOL DISTRICT, Keith Bell, Kenneth Cleaver, Clarence Doggan, Jay Calvin, Jim Jacobs, Rick Townsend, David Walker, and Chester J. St. Clair, Defendants. |
| Court | U.S. District Court — Northern District of Texas |
Lawrence S Fischman, Glast Phillips & Murray, Dallas, TX, for plaintiffs.
Trey Langston Dolezal, Henslee Fowler Hepworth & Schwartz, Austin, TX, Hermon L Veness, Jr, Andrew A Chance, Henslee Fowler Hepworth & Schwartz, Dallas, TX, for defendants.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND DENYING AS MOOT MOTIONS TO DISMISS
Before the Court are two Motions to Dismiss Pursuant to Rule 12(b)(6), filed on May 31, 2000, and Defendants' Motion for Summary Judgment, filed on June 5, 2000, by Defendants Forney Independent School District, Keith Bell, Kenneth Cleaver, Clarence Doggan, Jay Calvin, Jim Jacobs, Rick Townsend, David Walker, and Chester J. St. Clair (collectively, "the School Board"). After consideration, the Court concludes that the motion for summary judgment should be granted and Plaintiffs' complaint should be dismissed. Accordingly, Defendants' outstanding motions to dismiss pursuant to FED. R. CIV. P. 12(b)(6) are deemed moot.
In April 1999, the Forney Independent School District, through the auspices of the School Board, inaugurated a mandatory school uniform policy applicable to each of the nearly 2,500 students in the four schools which comprise the district. The uniform policy was implemented at the beginning of the 1999-2000 school year. Objecting to the uniform policy on philosophical and religious bases, Plaintiffs, who are students enrolled in the Forney I.S.D. and their parents, filed this action under the provisions of 42 U.S.C. § 1983 against the school district, its trustees and its superintendent, alleging that the mandatory policy violated their individual constitutional rights.
In 1995, the Texas Legislature enacted TEX. EDUC. CODE ANN. § 11.162, which authorizes local school districts to adopt mandatory student uniform policies. Section 11.162 provides, inter alia:
(a) The board of trustees of an independent school district may adopt rules that require students at a school in the district to wear school uniforms if the board determines that the requirement would improve the learning environment at the school.
....
(c) 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.
Acting pursuant to the authority of the state enabling statute, Defendant St. Clair, the Forney school superintendent, explored the possibility of implementing such a policy at the Forney schools.1 St. Clair reviewed the uniform policies employed by other school districts, along with studies on the efficacy of school uniforms and anecdotal evidence. St. Clair came to the conclusion that the implementation of a school uniform program would, according to his research, have the following beneficial effects on the students and the system as a whole: improve student performance, instill self-confidence, foster self-esteem, increase attendance, decrease disciplinary referrals, and lower drop-out rates.
In March 1999, students were sent home with a survey designed to get parental feedback to the school uniform proposal.2 Thirty-four percent of the parents responded and, of those, approximately sixty percent were in favor of school uniforms. Additionally, "town meetings" were held at the schools, where copies of the proposed uniform code were distributed to members of the public, and parents were provided the opportunity to discuss the proposal with school administrators. The matter was then submitted to the School Board for consideration. The School Board made factual findings that school uniforms would improve the learning environment at the schools and that the proposed policy would further that goal. On April 19, 19993, the board approved the uniform policy, which was scheduled to take effect at the beginning of the 1999-2000 school year.
While for several years the students at Forney I.S.D. were subject to a school dress code, the new uniform policy requires the students to wear a limited choice of apparel during school hours. For example, boys are required to wear khaki or navy blue pants or shorts, and a choice of a white, red, yellow, or blue collar shirt, either short or long sleeve. Girls are afforded similar color choices, and they may wear skirts or "jumpers" of a prescribed length. Denim, leather, suede, or similar material is not permitted to be worn, except as an outer-garment such as a jacket or coat. Students are not permitted to wear any clothing in a manner suggesting gang affiliation and manufacturer logos are limited in size. The principal of each school may, at his discretion and from time to time, designate a "non-uniform" day.
The policy includes an "opt-out" provision whereby students, through their parents, can apply for an exemption from the policy based upon philosophical or religious objections, or upon medical necessity. Parents who object to the policy are asked to complete a questionnaire concerning the basis of their protestations. The questionnaire is designed to elicit information as to the sincerity of the beliefs of those parents who assert objections. Further, as a component of the uniform policy, the School Board established a three-step grievance procedure whereby opt-out requests are initially considered by the principal of the respective school. If the request is denied, the parent may seek a review of their request by the school superintendent. A denial by the superintendent may then be reviewed by the School Board at its regular meeting. If the opt-out request is not granted by the School Board, the parent may appeal the decision to the Texas Education Agency. Finally, if the parent is not granted an exemption from the uniform policy through administrative review, he or she may seek redress in state court.4 While pursuing their exemption request through the grievance process and on appeal, the students are not required to wear the prescribed uniform.
Through the use of the questionnaire and the grievance procedure, the School Board seeks to ascertain bona fide philosophical or religious objections to the uniform policy. However, many Plaintiffs refused to complete the questionnaire or failed to advance their claim through the grievance procedure. The parents of seventy-two children sought exemptions from compliance with the uniform policy, of which twelve were granted, including Plaintiffs Jonathan Becmer, Jeremiah Duckworth, Clayton Duckworth, and Madeline Lowery. The applications of the students who were denied exemptions based on philosophical objections, were denied because they indicated that those students had worn some type of uniform in the past, for example, as a member of the football or softball team, girl scouts, school mascot costume, or a uniform required by virtue of their employment.
Finding no relief from the uniform policy through administrative channels, Plaintiffs filed this § 1983 action, seeking to enjoin the School Board from applying the uniform policy to them, and requesting from the Court a declaration that the Forney school uniform policy is unconstitutional. Plaintiffs also seek damages and attorney's fees.
In response, Defendants filed two motions to dismiss pursuant to FED. R. CIV. P. 12(b)(6), contending that Plaintiffs have failed to state a claim upon which relief can be granted. Defendants also moved for summary judgment in accordance with FED. R. CIV. P. 56. In each of the motions, the individual Defendant school officials assert the defense of qualified immunity and seek dismissal on that basis as well. Inasmuch as the parties have submitted documentary evidence in connection with all of the pending motions combined, the Court will treat Defendants' Rule 12(b) motions to dismiss as motions for summary judgment, in accordance with that rule.
As a threshold issue, the Court must address Defendants' contention that Plaintiffs lack standing to assert their claims. Defendants suggest that Plaintiffs have not presented a justiciable "case or controversy" for consideration by the Court and that it is not within the power of this Court under Article III of the United States Constitution to adjudicate this dispute. Specifically, Defendants submit that Plaintiffs have failed to show that they have suffered any injury as a...
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