BOISE, Idaho — The American Civil Liberties Union of Idaho says two Idaho school districts have dress code policies that discriminate against Latino students and result in higher rates of discipline.
The Nampa and Caldwell school districts have violated students’ civil rights to be free from discrimination based on race, national origin and the color of their skin, by implementing dress code policies that target Latino students, the ACLU said in a report released last week.
Both school districts have dress code policies that prohibit students from wearing clothing that is affiliated with a gang. The ACLU said these codes are vague and “give schools broad discretion to target and label Latine students as ‘gang.’” Latine is a gender-neutral term for people from Latin American countries of origin.
The ACLU found that the two districts have prohibited students who have no affiliation with gangs from wearing Catholic rosaries to school, clothing that expressed “Brown Pride,” and cholo clothing, a clothing style that represents cultural pride for some Latinos.
These policies “result in disproportionate discipline of Latine students simply for wearing clothing closely tied to their religion, culture and ethnicity,” the ACLU said in the report.
The school districts say they work with local police on their dress codes and say the policies are necessary to protect students from gang affiliation.
Latino students have twice the expulsions as white students
Across the country, students of color face a disproportionate number of suspensions and expulsions at school, said Erica Rodarte, the ACLU legal fellow who wrote the report.
In Nampa and Caldwell, Latino students received in and out-of-school suspensions at a higher rate that non-Latino students, the report said. Also, Latino students had double the number of expulsions compared to white students.
“It’s a really concerning finding,” said Rodarte in a Zoom interview with the Idaho Statesman. “If a student is not in the classroom because they’re in out-of-school suspension, are they receiving educational services? They’re missing class time. They’re the ones that are being the most effected because they’re not able to access their education. If they’re expelled, they’re completely removed from the classroom or from the school district and that stays on their record.”
The trends found in Nampa and Caldwell also affect students emotionally, said Rodarte. They are labeled as “troublesome,” and the policies have an impact on how comfortable they feel in school and how well they do academically.
Schools ban cholo style, Brown Pride, rosaries
Earlier this year, a Caldwell High School student, Brenda Hernandez, was forced to remove a sweatshirt that said “Brown Pride” on it. The school district said “Brown Pride” was associated with several street gangs, but Hernandez said she was trying to show pride in her Mexican-American heritage. She said she is not part of a gang.
Hernandez spoke to the ACLU for its report. She said the experience made her feel like she was not welcome in her own school.
“I honestly hate going to school now,” she said in the report. “Every time I get called down to the office, I get anxiety and I think ‘what are they going to do to me?’”
Other Nampa and Caldwell School District students said their schools banned them from wearing rosaries to school. One anonymous community member told the ACLU that Lone Star Middle School and South Middle School instituted the policy likely in response to a school resource officer’s belief that rosaries are gang related.
Rodarte said many of the questionable policies within the two school districts appear “race neutral” in how they are written, but in practice, target Latino students.
The Brown Pride clothing, cholo style and rosaries are “very much tied to (Latino’s) cultural identity,” said Rodarte.
The ACLU mentioned at least five other students, parents and community members in the report about how they experienced discipline from dress code violations from wearing cultural clothing.
In an email, Caldwell School District spokesperson Jessica Watts said gang issues in Canyon County are “increasing” and are “more covert.”
The district stood by the dress code policies, saying the policies “protect all the children and youth of Caldwell.”
Watts said the policies are directed by the Caldwell Police Department, and the district will continue to partner with police to address gang concerns.
Students should “use their voice and speak out about issues that may arise at their school,” Watts said.
She said the district’s dress code was revised in 2018 and 2022.
“Students and staff are encouraged to email trustees with their concerns or suggestions pertaining to the district dress code,” Watts said.
The Nampa School District said in a statement that it does not endorse or support “any practices that discriminate against any of our students. The Nampa School District continues to strive for excellent (excellence) for all students, including our Hispanic and LatinX students and families.”
The district also said it will continue to work with Nampa police to curb gang violence in school.
The Caldwell School District had 5,384 students enrolled in 2022 and Nampa had 13,346, according to the Idaho Department of Education.
ACLU recommendations to school districts
The ACLU recommended the Nampa and Caldwell School Districts review their dress codes and disciplinary policies to ensure students regardless of race, national origin, color and religious affiliation are not targeted and labeled as gang members.
The organization also said the school districts should support rather than exclude students who are at risk of being involved in gangs or are affiliated with gangs.
“Public education is accessible and should be accessible to all students regardless of whether they are involved or are at risk of being involved in gangs,” Rodarte said. “It’s really important to be able to support those students because education can actually be a way for them to feel like they have a place to turn to if they are at risk of being involved in gangs.”
The ACLU also recommended the districts hire diverse staff and teachers to better reflect the communities they serve. It also recommended that districts have accessible data about disciplinary actions.
