Getting in trouble for wearing a pin on 'The day of Silence'?

My personal inclination would be to fight the school, and I would probably go so far as to hire an attorney if I could afford one. This does not come without a caveat; many public schools include in their dresscode a ban against anything that the administration deems to be "disruptive to the educational environment.

That means that even if you do retain a lawyer to go head to head with the school for you, don't expect a slam dunk and don't expect to win. The threat of a lawsuit over what basically amounts to the quiet, (literally,) promotion of a noble cause will probably get them to back down, no guarantees, but don't expect an apology if you are succesful.

Another thing to remember is that if it was another student that complained about your button, and you win your argument, that, or those, students might not be happy about it. My argument that if a Jewish student couldn't wear a yarmulka and Star of David necklace, then Christians shouldn't be able to wear crosses and FCA, (Fellowship of Christian Athletes) shirts was accepted but not well; I had to change schools.

What I would do is contact your local Bar Association, and ask who they would recommend to defend you in your situation. You'll get several names and telephone numbers. Contact those people, see who will either be the most reasonable to take the challenge, (if you're lucky, you might find someone willing to do it pro-bono.)

The attorney will likely suggest meeting with the superintendent of your district rather than with the principal of your school. The next step, from there, is to call the local news media. Between the pressure of a potential lawsuit, (meaning money away from education for legal defense,) and the threat of negative publicity for the district, (which could cost them educational and extracurricular financial boosters,) and I'd be surprised if the school board and superintendent didn't decide to let the matter die as quietly as possible.

Another caveat to remember is that if you do win, is that anything you do that can be interpreted as against the rules for the remainder of the school year is going to bring the harshest of punishments available for the percieved infraction.

I wish you the best of luck in your endeavor, and a great big hug and kudos for your bravery from Texas,

D

OPS student conduct standards would seem to suggest that this was an inappropriate behavior/dress (pages 21-22) in that it apparently did NOT contribute to a proper learning environment. If the only penalty was being asked to change, I am not sure I see what harm there was. You made a statement, it got a reaction, that should be about it. A guy in a dress in high school, even on a day supporting anti-bullying efforts against gay and lesbian students, seems more like a crude prank than a real statement of gender rights or politics. Heck, if they wanted to push it, it could probably even count as bullying (p.6) in that it may have caused distress in other students. Then they could suspend or reassign you. You could certainly go to the ACLU or the local news about it, but you'll want to be really sure what your concerns are- are you claiming that clothing should be free of gender identification? That students should have a right to wear distracting or non-traditional gender based clothing in school? On a separate note- your grammar is not a real great advertisement for the quality of OPS. My English teachers at Central would be spinning in their graves if I wrote like that.

Bypass your school's administration and go straight to the local school board superintendent. The school administration has obviously already made it's decision, and superintendents tend to more knowledgeable about legal obligations than principles. I was often in a similar position, and my mother and the superintendent practically became friends. A phone call from your principal's boss will change the way you are being treated faster than anything else. If necessary, make it plain to the superintendent that you are prepared to fight this publicly.

If the decision isn't immediately reversed (and it likely will be) contact Lamda Legal and the local ACLU and ask them to write letters on your behalf. And start contacting any local press you can reach. School boards don't like getting letters from legal organizations or calls from reporters. Also, have other parents call the superintendent's office in support of you.

The law is clearly on your side. Many students have successfully sued over issues like this, and the ACLU has support many lawsuits over issues like this. The school is not in a legally defensible position.

Also, if you are appealing this punishment through proper channels they cannot continue to increase your punishments or force you to participate until a final decision is reached.

By fighting this, you will not only help yourself but all the other kids in your position in the future.

I think it's outrageous that they're trying to give you detention for having opinions and supporting a good cause, they ought to be encouraging you!

If I were you, I would send letters, both from yourself and from your mother, to the school's board of govenors, the county school board, your local senator or representative (apologies, I'm English so I'm not sure what the American equivalents to our members of Parliament are called), or better yet, the local media.

A local newspaper would jump on a story like yours, and as soon as you garner any sort of public support from the newspaper's readers, your school will be jumping through hoops to appear unbigoted and diverse.

If you don't fancy that, then see if your mother can get a lawyer's letter. Your school has absolutely no legal grounds to stop you wearing the badge, I can tell you that for certain. All you need is a lawyer's letter stating that fact, and signed. It is reasonably inexpensive to do, and your school won't have a leg to stand on.

Since you did not break any rules I see no reason why you were told to remove the pin.

Set up an appointment with the Principle, then the President of the PTA or The schools Superintendent and the school board.

Is this a public school? If so you should be able to challenge this. As you said there is nothing in the dress code about this and wearing it does not disturb or disrupt the education of other students. They have no basis to ask you to take it off. Go to the school board.

That shouldn't offend anyone but a hard-core homophobe. Contact the people at GLSEN, if you haven't already. You can also try Lambda Legal. Also, contact the superintendent of your school system, immediately. If they are not supportive, start appealing to your local media--TV news, newspaper, popular blogs/websites. This will embarrass your school administration. It is a *very* good thing that your mother is on your side here!

They can't do that to you. Tell them they have no legal right to do it and if they don't revoke the punishment and erase the notation from your record you'll seek legal redress. Below is a link to Lambda Legal's FAQ about the Day of Silence. It has the basics about your rights and includes LL's contact information if you need further help. I think, however, if you merely mention taking legal action the school should back down.

Best wishes.

That is illegal! Report it to Lambda Legal and ask them to write a letter to the school board on your behalf. Talk to your principal (set a conference) and explain to him that he cannot legally do this to you. He might get pissed, but you have to do it. Take it to the school board and make your case. Because it is a public school they cannot forbid you to wear the pin. Keep fighting it! Write letters to your local newspaper and TV news stations telling them what is going on.

most schools have a policy against" disruptive behaviour, dress or ornamentation" if your school has such a rule then you are legally in the wrong and will have to take your lumps for your disruptive behaviour. School is not the place for political protests. It is a place to learn. if you want to protest, make it an extra curricular activity. But political protests, even silent ones, are disruptive and cannot be tolerated.