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CONFIDENTIAL

Jun. 22, 1996

Constitutional Law
Public Education
School Uniform

Confidential

Settlement –  $0

Facts

The plaintiffs, all K-8 students in the school district, challenged the implementation of a mandatory school uniform policy. The policy was motivated by a desire on the part of parents, staff and the school board to enhance the environment for learning and to reduce the incidence of violence. The plaintiffs did not disagree with the intentions of the defendant school district, but objected to various aspects of the program as administered. The plaintiffs alleged that the program provided inadequate assistance to economically disadvantaged students, inconsistent enforcement and discipline, an excessively complex 'opt-out' policy and inadequate notice about various aspects of the program. The plaintiffs brought this action against the defendant school district challenging the compliance with state law in the implementation of the policy.

Settlement Discussions

Over almost four days of negotiations, all parties and counsel worked constructively to find creative solutions to their disagreements. Because there was substantial agreement about the underlying interests, impasses were overcome by compromises that were fashioned to deal with both sides' needs. Under the settlement, the uniform policy was retained in essence with changes including: improved communication with parents, development of uniform assistance information for disadvantaged pupils, the modification of the exemption application form for parents who choose not to have their children wear uniforms, appointment of uniform coordinators, in-service training regarding enforcement of the policy and a parent complaint procedure.

Damages

The plaintiffs sought change in the policy guidelines and administration.

Other Information

The settlement was reached approximately six months after the case was filed. Mediation sessions were held during late 1995, and early 1996, before Richard Chernick of the American Arbitration Association. The sessions were almost exclusively joint. Private caucuses were needed only at the end of the process to overcome certain technical drafting issues.


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