The Daily Caller

The Daily Caller
spandex. Photo: Flickr/midwestnerd spandex. Photo: Flickr/midwestnerd  

West Va. teachers union insists on constitutional right to wear spandex, short skirts

The school board in the most populous county in West Virginia is once again attempting to institute a dress code for public school teachers.

The last time the issue came up — in 2001 — Kanawha County school board members ultimately voted down a policy that would have banned strapless dresses, low-cut blouses, blue jeans and spandex, reports the Spirit of Jefferson and Farmer’s Advocate, a West Va. newspaper.

The details of the proposed Kanawha County Schools dress code remain vague at this point. However, there seems to be a general focus on things like conspicuous tattoos, facial piercings and overly revealing clothes. Spandex may or may not loom large in this round of dress-code controversy.

Basically, the school board’s goal is to introduce standards for determining if teachers aren’t dressed appropriately.

Under the current policy, there is no dress code. Each teacher’s wardrobe must be considered on a case-by-case basis.

“Even under the existing rules, if you say a teacher is supposed to dress professionally, then it may be incumbent upon us to define what we think ‘professional’ and ‘appropriate’ is,” suggested Jim Withrow, an attorney for the school district.

Becky Jordon, a Kanawha County school board member, wants teachers to come to work looking like professional employees.

“I think teachers should be able to dress comfortably,” Jordon said, according to the Spirit of Jefferson. “All I’m asking for is that if you’re telling a student they can’t wear tank tops, then an employee shouldn’t be able to.”

“I was at a school recently and a teacher had the back out of her shirt and a big tattoo was showing,” the school board member added. “I’ve seen some teachers whose skirts are so short that it does draw attention.”

Christine Campbell, president of the American Federation of Teachers-West Virginia, argues that a dress code is unnecessary.

“What are we trying to do? Does this really impair the children’s ability to learn, and where does it stop? Are we going to line teachers up and measure the length of their skirts?” said Campbell. “Let teachers do their jobs and focus on education instead of imposing someone’s personal preference on their style.”

The teachers union also calls a dress code an unconstitutional encroachment on the human rights of its members.

The union’s trump card is a 1988 Kanawha County Circuit Court decision holding that school boards do not have the authority to force restrictive dress codes on teachers because such codes infringe on freedom of expression.