Student suspended for long hair to remain out of school

Three members of the Rapides Parish School Board on Thursday unanimously upheld a suspension of a fifth-grader because his hair length violates district policy. But the case could lead to a change in the policy before next school year.

Ashton Bodiford, 11, has missed more than 40 days of school since being told March 5 that he could not return to J.B. Nachman Elementary in Alexandria until he cut his hair to meet policy — no longer than chin length in the back or 3 inches on top for male students. Ashton's hair falls to the middle of his back. He wore it pulled back in a ponytail and donned a uniform for the hearing to show how he looks each day for school.

He will not be allowed to return to school for the final nine days of the semester unless he cuts his hair, according to the board's Discipline Review Committee.

"We're not happy with the outcome," said his mother, Angela Brewton. She plans to continue with the push to change the rule that she calls unfair and gender discriminatory.

Board member Stephen Chapman didn't seem to disagree, but his vote Thursday reflected a timing issue.

"This case is a snapshot in time," said Chapman, who was appointed to take John Allen's place at the meeting due to medical reasons. Allen also was absent from the full board meeting Tuesday.

Chapman said the decision came down to enforcing the policy as it stands. But it might not stand as is for long.

"It will be addressed before next year," Chapman said. "This was not the appropriate way to do it with a specific case."

Policy changes require a majority vote from the full board. A committee of the board annually reviews such policies.

In the meantime, Ashton can finish the semester as he has the last six weeks — by completing work his teachers send home for him through his sister, a fourth-grader at Nachman.

His family hasn't found that option to be ideal. Ashton said his grades have been dropping since he hasn't been to school. His parents said he doesn't receive work from all of his classes. Principal Rebecca Warren, who testified at the discipline hearing, said all assignments are being sent home.

Another option is to finish the year through an alternative program through Tioga Elementary School, which is the K-5 alternative for Rapides Parish students. Older students have the option of Aiken Virtual Program.

Students are allowed 10 unexcused absences per school year. Ashton has been marked absent since the end of February, which means he could fail the fifth grade. He could repeat the grade or complete summer school to possibly enter sixth grade in the fall.

Although he was told he couldn't attend school until he complied with the policy, Ashton was not officially suspended until attorneys, district administration and Ashton's parents signed a joint stipulation agreement April 21 to expedite the process that Ashton's family said was handled incorrectly.

The lengthy process included little communication between the school district and the Brewtons, which was among arguments attorney Jonathan Stokes presented at the hearing. Stokes is with Gold, Weems, Bruser, Sues & Rundell in Alexandria.

Stokes and Ashton's family said the boy's hair violated policy when he attended Nachman the previous year as a fourth-grader, but the family was not notified. Warren said Ashton's hair was just short enough to meet policy that year.

Ashton and his sister began this school year at home, taking school through an online program not through the district. Angela Brewton said the choice was a result of bullying her daughter had experienced the year before. But they returned to Nachman in November and signed an "acknowledgment" in the student handbook that includes this policy.

Ashton's hair was to his shoulders at that point, Brewton said, but they were not told anything about it when they enrolled him. She received a phone call from the principal about her son's hair in December and a written notice in February. Warren said she waited until February to send a letter because she hoped the issue would have been resolved before that was necessary.

Stokes also sought to show that the rule was unlawful as there is no comparable rule for girls' hair length and does not allow for religious expression. Ashton told the committee during his testimony that Jesus was one of the reasons he chose to grow out his hair three or four years ago.

"Jesus had long hair," he said. "He just inspires me. ... (My hair) makes me who I am. It shows who I am as a person."

Elmer Noah, an attorney with Hammonds, Sills, Adkins & Guice in Monroe, represented Superintendent Nason "Tony" Authement. Noah argued the importance of dress code policies and cited Louisiana cases from the 1980s, including one from Rapides Parish, that set precedence regarding school boards' authority to set such policy.

Stokes disagreed, saying this rule is one of those that do not fall within the scope of the board's authority and can be challenged.

He provided statements from local educators supporting a change in the Rapides policy regarding students' hair length. Both he and Noah asked Warren her opinion.

"I think it instills discipline, fosters respect for authority and promotes a positive learning environment," Warren said.