The Suffolk School Board studied the proposal at a meeting Thursday night, but members did not vote on it. The proposal explicitly bans “clothing worn by a student that is not in keeping with a student’s gender and causes a disruption and/or distracts others from the educational process or poses a health or safety concern.”
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The American Civil Liberties Union of Virginia said that, rather than banning the “nonconforming behavior,” schools should instead address the bullying or harassment. In a letter to the school board, Rebecca Glenberg, legal director of the ACLU of Virginia, called the gender-related dress restriction “unlawful and unfair to students.”
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The fact that the proposed ban on cross-dressing is included in a dress code that would also prohibit short skirts and sagging pants suggests that administrators believe students who cross dress are trying to be provocative, Ehrensaft said. Those are apples and oranges, she added, saying that cross-dressing is a “healthy variation on gender” that shouldn’t be policed.
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Along with banning clothing “not in keeping with a student’s gender,” the Suffolk proposal aims to prohibit “sexually suggestive or revealing attire,” spandex, ripped clothes, sagging pants, short skirts, sleepwear, open-toed shoes, sunglasses, head coverings unless worn for religious or medical purposes, and clothes advertising alcohol or illegal substances.