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The 5^th Circuit Court of Appeals has ruled that Needville Independent School District violated the Texas Religious Freedom Restoration Act (TRFRA) when it restricted a Native American kindergarten student from wearing his hair in accordance with his religious beliefs.  In A.A. v. Needville ISD, __ F.3d __, 2010 WL 2696846 (5^th Cir. 2010), the Native American boy and his parents sued challenging the district’s requirement that he wear his long hair in a braid tucked into his shirt while at school. 

The record showed that the parents had chosen to teach their son, A.A., Native American religious principles.  The parents never cut A.A.’s hair and had him wear it in two long braids.  The district found that the braids violated its dress code, but instead of requiring the student to cut his hair, the board allowed the student to wear one single, tightly woven braid that would be tucked in the back of his shirt at all times.  When A.A. attended school, he continued to wear two braids against the board’s decision and as a result was placed in in-school suspension. 

The trial court entered an order permanently enjoining the school district from enforcing its dress code restrictions on A.A., finding that the restrictions violated the student’s sincerely held religious beliefs. The court of appeals has now affirmed the trial court ruling.  The appeals court rejected the school district’s challenge to the sincerity of the family’s religious beliefs.  Throughout the events in this case, the family consistently maintained they had sincere religious beliefs in wearing visibly long hair. 

According to the appeals court, the district’s dress code restrictions substantially burdened A.A.’s free exercise of those beliefs by subjecting him to social ridicule and the constant threat of punishment.  Further, maintaining order and discipline in school did not constitute compelling state interests sufficient to justify the dress code restrictions placed on A.A.  The appeals court made it clear that to show a compelling interest under the TRFRA, a school district must show “specific evidence” that the student’s religious practices jeopardize its stated interests.  In this case, the district failed to show with sufficient particularity how its strong interests in maintaining order and discipline, among others, would be adversely affected by granting an exemption to A.A. 

This decision comes just in time as school districts review dress code policies for the upcoming school year.  As the court of appeals made it clear, the TRFRA is read to “have bite in the protection of religious freedom in Texas public schools, . . . [and] religious freedom does not invariably fall before generic rules.  Rather, the regulation must respond to specific circumstances.”  In this case, the district fell short in justifying the specific dress restrictions placed on the kindergartner.

To view the 5^th Circuit decision, click the link below:

http://www.ca5.uscourts.gov/opinions/pub/09/09-20091-CV0.wpd.pdf