Student Dress Code

Policy

This policy sets out requirements for schools and school councils to develop, implement and review their student dress code policies.

Summary

• All school councils have the authority to develop dress codes for their students, should they choose to do so.
• School councils must work with their school communities in developing and reviewing dress codes.
• School councils are responsible for deciding on arrangements for the supply of school uniform items.
• The principal may determine the consequences to be imposed on an individual student for not complying with the student dress code, in accordance with the relevant school and department policies. Refer to the Implementing and enforcing student dress codes section of the Guidance tab for further advice.
• All student dress codes must:
  • comply with human rights and anti-discrimination legislation
  • support inclusion, which includes flexibility to affirm the gender of trans and gender diverse students and allows for cultural and religious expression, for example, a hijab or turban
  • include an exemption process
  • include health and safety considerations
  • explain requirements relating to uniform supply arrangements
  • be communicated clearly to students and parents or carers.

Details

School councils have the authority to develop dress codes for their students, including:

• whether or not the school will have a school uniform, and if wearing it will be mandatory or optional
• clothing for specific activities (such as sport, laboratory experiments, bags)
• exemption grounds
• methods of enforcement (provided they are consistent with department and local school policies on student behaviour and engagement).

Dress code consultation

School councils must consult with the school community when developing and reviewing student dress codes and must provide an opportunity for a variety of viewpoints of parents or carers, teachers and students to be expressed.

The school council should carefully consider the forms of consultation that will be undertaken in developing or reviewing a dress code. Please refer to the Developing and reviewing dress codes section of the Guidance tab for further advice regarding modes of consultation.

Compliance with human rights and anti-discrimination law

Student dress codes must comply with human rights and anti-discrimination legislation.

Refer to the Human rights section in the Guidance tab for further explanation of these requirements.

Implementing and enforcing dress codes

If a student dress code is developed, schools must:

• communicate their dress code to the school community. Refer to the Implementing and enforcing student dress codes section of the Guidance tab for guidance on ways to communicate dress codes to the school community
• assist families having difficulties with uniform costs. For more information about assisting families who may have difficulty meeting the cost of uniform requirements, please refer to the State Schools' Relief program
• ensure that measures used to enforce the dress codes are consistent with the department’s Student Engagement policy and guidance and the school’s Student Engagement policy, and have regard to student wellbeing, inclusive practice and human rights – refer to the Implementing and enforcing student dress codes section of the Guidance tab for further advice.

Health and safety considerations

Student dress codes must take into account health and safety considerations relating to sun protection and risks from jewellery, cords, chin straps, drawstrings or school bags. Refer to the Health and safety section in the Guidance tab for further advice.

Exemptions

Schools must have an exemption process in their dress code policy and must follow the exemption process contained in the Exemption procedures in the Guidance tab.

Uniform supply arrangements

School councils:

• are responsible for deciding on arrangements for the supply of school uniform items
• must comply with written agreements with clothing suppliers and may be subject to legal proceedings if a dispute arises between the parties
• must not make any misrepresentations while making agreements with suppliers (for example, misrepresenting the number of students at the school)

For further guidance on uniform supply arrangements, refer to the Uniform supply arrangements section of the Guidance tab.

Policy template available

A Student Dress Code Policy template (staff login required) is available on the School Policy Templates Portal. Schools can modify the template to suit their local circumstances

Definitions

Dress code
A written statement of school council expectations regarding student appearance. A dress code applies during school hours, while travelling to and from school, and when students are engaged in school activities out of school hours. A dress code may:

• define standards for the general presentation of students
• set out broad guidelines about student appearance
• require students to wear a school uniform
• define expectations for garment design and colour

Related policies

• State Schools' Relief
• Sun and UV Protection

Relevant legislation

• Age Discrimination Act 2004 (Cth)
• Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Child Safe Standards
• Disability Discrimination Act 1992 (Cth)
• Education and Training Reform Act 2006 (Vic)
• Education and Training Regulations 2017 (Vic)
• Equal Opportunity Act 2010 (Vic)
• Racial and Religious Tolerance Act 2001 (Vic)
• Racial Discrimination Act 1975 (Cth)
• Sex Discrimination Act 1984 (Cth)

Student Dress Code Guidelines

These guidelines contain advice for schools about legal requirements and best practice when developing, reviewing and implementing dress codes at a local school level. The guidelines contain the following chapters:

• Developing and reviewing dress codes
• Exemption procedures
• Health and safety considerations
• Human rights requirements
• Implementing and enforcing student dress codes
• Parent complaints
• Uniform supply arrangements
• Dress code legislation

Developing and reviewing dress codes

Identifying the purpose of student dress codes

It is best practice for school councils to ensure that the dress code purposes are clearly identified.

These purposes may include:

• promoting a sense of identity and pride, cohesion and good order in the school
• allowing all students to feel equal
• preventing bullying and competition on the basis of clothing
• ensuring students’ appearance reflects the expectations of their school community
• enhancing the profile and identity of the school and its students within the wider community
• strengthening the spirit of community within the school
• enhancing individual student safety and group security
• ensuring all students are dressed safely and appropriately for school activities
• preparing students for the expectations of workplaces
• encouraging students to present themselves appropriately for a particular role.

Consultation process

The school council must carefully consider the forms of consultation that will be undertaken in developing or reviewing a dress code. For example, consultation could include:

• letters to parents and carers
• surveys
• information in newsletters
• public meetings
• student meetings
• focus groups
• information on the school website.

This consultation process must:

• explain the purposes of the dress code and the reason for any proposed changes
• guarantee opportunity for the viewpoints of parents or carers, teachers and students to be expressed. Note: The mechanism for consultation must be identified in the student dress code policy or, alternatively, be recorded in school council minutes
• where appropriate, translate material into community languages, or employ an interpreter for meetings
• outline any proposed changes to uniform supply arrangements
• provide for careful consideration of any information and variety of viewpoints collected in the consultation process before finalising the decision-making process
• seek out and consider the views of different groups within the school community (such as from different cultural, religious or ethnic backgrounds or other groups that may have additional needs in complying with a proposed student dress code)
• allow for careful consideration of the practicality of garment design, materials used in construction, and the cost implications of proposed items
• provide a timeline for implementation of the dress code.

Important

It is best practice for school councils to document their dress code consultation and development process as evidence that they have consulted with their school community.

The school council’s dress code policies, and details of the consultation process that was followed may be required as evidence, or used by bodies such as Ombudsman Victoria, in the event of a dispute.

The school council must be able to demonstrate to its school community that it has considered the cost implications of its selected school uniform and taken into account the ability of its parent population to afford it.

Student Dress Code Content

As the dress code takes precedence over a student’s individual preferences, it is best practice for the school council to consider if the dress code:

• is compliant with federal and state anti-discrimination laws — refer to the chapter on Human rights requirements
• clearly outlines:
  • the rights and responsibilities of parents and carers, students and the school
  • how parents, carers or students can apply for an exemption from the dress code
• is respectful of the cultural norms of the school community
• is reasonable by contemporary standards and avoids unnecessarily intruding on students’ rights in their personal appearance
• allows for individual expression through alternatives within overall garment requirements
• ensures all students have the opportunity to wear any of the approved uniform items
• is suitable to the role of a student and the tasks and functions they perform
• takes into account health and safety issues
• allows students to dress comfortably in all weather conditions
• provides clothing for sports or physical education that is practical and that all students will feel comfortable wearing
• supports informal or incidental physical activity such as lunchtime sport, walking or cycling to school
• is communicated clearly to students, parents or carers prior to enrolment, providing a basis of assent
• requirements can be met by all students and parents/carers. The range and cost of garments should reflect the capacity of families to provide them
• is supported by strategies to assist families who may have difficulty meeting uniform costs and this information is communicated to the school community
• outlines the dress code complaints/concerns process
• outlines the consultation and decision-making processes for reviews and amendments
• will be reviewed if circumstances change significantly.

All gender options, trans and gender diverse students

Schools must take reasonable steps to eliminate discrimination on the basis of sex, gender and sexuality. The department requires schools to support students who want to affirm their gender identity at school, including wearing the appropriate uniform that reflects the gender identity of the student. As such, student dress codes must ensure that students are able to wear whatever uniform items they feel comfortable wearing.

Trans and gender diverse students must be given flexible, inclusive uniform options as a step in preventing discrimination on the basis of gender identity.

This includes arrangements that support students’ safety, wellbeing and inclusion, such as:

• including exemptions where uniform items are not appropriate in size or fit for trans or gender diverse students and similar substitutions are needed
• working with uniform suppliers to list items by cut rather than gender which creates the impression that the uniform has gender divisions that are not present in the school’s policy
• enforcing uniform standards equally, regardless of gender identity (for example, hair length, make up and jewellery)
• explicitly acknowledging trans and gender diverse students in the student dress code
• making reference to the department’s LGBTIQA+ Student Support policy.

Religious and cultural requirements

Some students may wish to observe particular religious and cultural requirements while also complying with the student dress code.

Schools are encouraged to include items such as head coverings and longer sleeves or skirts in the uniform as standard to avoid students needing to seek an exemption to wear them.

Schools are encouraged to provide students who wear braids or locs with the option to wear them loose unless it is a specific safety concern, for example, in applied technology classes.

Exemption procedures

Schools must include exemption processes in their local school-based Student Dress Code and follow the exemption process outlined below to comply with obligations under human rights and anti-discrimination legislation.

Exemptions allow school councils to impose uniform standards on all students but still recognise cases in which the application of those standards affects some students unequally.

Legal grounds for exemptions exists when:

• an aspect of the code:
  • prevents students from being able to attend school or participate in school activities on the same terms as other students because of the personal characteristics referred to in human rights and anti-discrimination requirements
  • offends a religious belief held by the student, parents or carers
  • prevents students from complying with a requirement of their religious, ethnic or cultural background
• the student has a particular disability or health condition that requires a departure from the dress code
• the student or the parents or carers can demonstrate particular economic hardship that prevents them from complying with the dress code.

Further grounds for exemption may be allowed at the principal's discretion.

The exemption process should only be necessary in exceptional circumstances as a dress code should accommodate the needs of all students.

The principal is responsible for managing and conducting the exemption process. In exceptional circumstances another staff member at the school or regional office may be appointed to consider an exemption request.

The exemption process

These stages describe the exemption process.

1. Parents, carers or students approach the principal for an exemption.
2. The principal:
   • considers the grounds for exemption
   • explains the exemption process to the applicant
   • guarantees that issues of a personal nature revealed to substantiate the request will be strictly confidential
   • encourages the applicant to support their case with evidence.
3. The principal seeks to negotiate a resolution that is acceptable to all parties. This may include:
   • a modification of the dress requirements rather than a complete exemption
   • granting assistance to allow compliance with the dress code without embarrassment or stigma – for example, when the exemption is sought for economic purposes
   • conditions under which the exemption is allowed.
4. The principal:
   • grants an exemption, or
   • provides reasons in writing when an exemption is not granted.
5. The principal keeps a written record of
   • all the decisions made, and
   • the reasons provided, in case a decision is questioned.

Note

If the principal is consistently granting exemptions on similar grounds, the school council should review its dress code to try to meet these needs within the code.

Health and safety considerations

Sun protection

Schools:

• with a uniform must ensure a sun protective hat is included, at least as an option, as part of the uniform
• without a uniform must permit sun protective hats in their dress code.

Note: Schools should encourage students to wear a sun protective hat outside whenever UV levels reach 3 or higher. In Victoria UV levels are typically three and above from mid-August to the end of April.

Jewellery, cords, chinstraps and drawstrings

Jewellery, hat cords, chinstraps and drawstrings present risks of injury or strangulation, particularly:

• when worn in the head and neck area
• for primary students engaged in active outdoor play.

When developing a dress code, schools should consider:

• the jewellery students are permitted to wear
• selecting hats or other garments without:
  • cords
  • chinstraps, or
  • drawstrings
• using safety cords designed to detach if caught.

School bags

Carrying school bags may pose risks of back pain or damage due to:

• poor design or poorly fitting school bags
• students carrying bags incorrectly
• students carrying loads that are too heavy.

Schools should select school bags that:

• minimise the risk of back injury to students
• are endorsed by an Australian professional organisation such as the:
  • Australian Physiotherapy Association, or
  • Chiropractors’ Association of Australia
• consider strategies to prevent students from carrying loads that are too heavy.

Human rights requirements

By upholding human rights and anti-discrimination legislation, schools can:

• support a safe and inclusive school environment where the school community feels:
  • welcome
  • supported, and
  • physically and emotionally secure
• ensure that their dress codes enable all students to participate fully in school life
• increase the sense of belonging to and engagement with schools for students:
  • from all backgrounds including the diversity of religious, linguistic and cultural backgrounds
  • regardless of personal characteristics, such as disability, health condition, and gender expression
• model appropriate behaviour for resolving issues and promote mutual respect for all members of the school community
• build effective relationships with:
  • parents or carers
  • students and staff from diverse cultural, linguistic and religious backgrounds.

Legislative requirements relevant to dress codes

Victorian Equal Opportunity Act 2010 (Vic)

Requires that students are not discriminated against (directly or indirectly) on the grounds of personal characteristics, such as: age, disability, gender identity, physical features, race, religious belief, sex or sexual orientation.

• Direct discrimination may occur where a school has different uniform requirements for students with different personal characteristics and this difference results in one group of students being treated less favourably than another.
• Indirect discrimination occurs when treating everybody the same way disadvantages someone because of a personal characteristic. For example, a school's physical education uniform could discriminate indirectly against students of particular faith backgrounds if, by wearing it, they were not able to conform to their cultural or religious requirement to dress modestly.
• For a full list of personal characteristics protected under State equal opportunity law, visit: Victorian Equal Opportunity and Human Rights Commission

Allows schools to set and enforce reasonable standards of dress and appearance for students.

• The more extensive, engaging and collaborative the consultation process, the more likely it is to be considered reasonable.
• A standard is considered reasonable if the school has taken into account the views of the school community in setting it.

Victorian Charter of Human Rights and Responsibilities Act 2006 (the Charter)

Schools and school councils must act and make decisions consistently with human rights requirements.

• Schools must treat students equally and need to balance the rights of individual students against the best interests of the school community as a whole when developing and implementing their dress codes.
• For more information on the Charter, including training modules and policy guidance see: Human Rights Charter.

Rights may be subject to reasonable limits that can be demonstrably justified in a free and democratic society taking into account factors such as the nature of the right, the importance and purpose of the limitation, and whether any less restrictive means could reasonably achieve the same purpose.

• Schools are encouraged to consider ways of accommodating a student’s human rights under the Charter (for example right to equal and effective protection from discrimination) while maintaining a suitable standard of dress and appearance, for example, through an exemption process, or through providing suitable options within the dress code.
• Dress codes with gender specific requirements are not necessarily discriminatory under the law. However, schools and school councils are expected to develop, as far as practicable, dress code requirements that are similar for all students. Where options are available, they should be available to all students. In particular, all schools must allow girls the option of pants and shorts in their dress code.
• It is important to note that that this does not supersede students right to feel safe and comfortable at school.

Federal anti-discrimination legislation

It is unlawful to discriminate on the basis of sex, gender identity, intersex status, disability, age and race.

This applies regardless of whether the views of the school community have been taken into account.

Implementing and enforcing student dress codes

Communicating the dress code

The student dress code, including any changes in dress requirements must be:

• communicated widely throughout the school community
• provided to all prospective students and parents and carers prior to enrolment at the school
• translated into community languages, if required
• communicated via a translator, if required, for example at an information night.

Important: Schools must ensure that students and parents and carers are aware that they can apply to the principal for an exemption to the dress code.

Support for families

Schools must investigate options for supporting families who may have difficulty meeting the cost of uniform items. Schools must include information about support options or strategies for supporting parents in these circumstances on their website, parent payments policy or in their dress code and ensure this information is communicated to the school community.

State Schools’ Relief also provide assistance with school clothing and footwear via school principals. Principals assess requests for assistance and can send an application to State Schools’ Relief when they believe there is a need to support a student whose family is facing difficulty in providing the appropriate uniform items for schools. State Schools Relief provides articles of clothing for students either directly to the family or through an authorisation to the school clothing shop or local supplier.

Enforcement

Schools may choose to include appropriate measures to enforce their dress code in their student engagement policy. The department’s Student Engagement policy and guidance supports schools to create a positive school culture, clearly articulating school-wide expectations and consistent processes to address areas of concern. Best practice includes responses that are proportionate and predicable and not arbitrary. Enforcement measures must not include checks that might unduly embarrass or humiliate students.

Schools are advised to treat non-compliance with student dress codes like any other inappropriate behaviour using the school’s standard policies and processes to determine how inappropriate behaviours will be addressed and how students will be supported to demonstrate appropriate behaviour in the future. Overly punitive responses, or responses that negatively impact a student’s wellbeing, may limit attendance and contribute to poor outcomes for students already at risk. For example, students should not normally be excluded from class or sent home for infringements of the student dress code as dress code infringements are not usually linked to interference with the rights of other students or the capacity of a teacher to teach a class. Exceptions to this might include issues of safety or where students are representing the school at external events.

Parent complaints

Parents, carers or students can:

• raise specific complaints about the dress code with the school: refer to Parent Complaints
• suggest desired dress code changes to the school council for consideration in the next review of the dress code.

Uniform supply arrangements

Considerations

When deciding on a uniform supplier, school councils should consider:

• costs
• quality of items
• quality control of the supplier
• reliability, continuity and lead time of supply
• ability of manufacturers/suppliers to meet required delivery deadlines
• selecting Australian made items or using local businesses
• selecting manufacturers/suppliers that can provide evidence that they meet ethical manufacturing standards (refer to: FairWear)
• sustainable production of items
• how and where parents or carers can purchase items
• cleaning requirements and costs
• returns policy for faulty stock
• re-use or recycling of items.

Standard agreements

Schools must formalise arrangements with their chosen supplier by using one of the department's approved agreement templates. It is important to have a written agreement as this enables the school council to enforce the terms of its agreement and ensures that both parties are clear about their rights and obligations.

The department has 3 agreement templates relating to school uniforms. These are:

• School council licence – school uniform business premises (DOCX) (staff login required) – to license an area of the school to a supplier to sell the uniform from a designated area in the school
• School council agreement for the appointment of school uniform supplier (DOCX) (staff login required) – to appoint a supplier to sell the school uniform from the supplier’s retail premises
• School council agreement for the purchase of school uniforms for on-sell (DOCX) (staff login required):
  • to purchase school uniforms from a supplier, and then
  • on-sell the school uniform directly to students and their families.

Dress code legislation

The following information describes the legislative basis for dress codes by Act, Regulation or Order.

Ministerial Order under the Education and Training Reform Act 2006 (Vic)

Authorises the school council to develop a dress code that covers any matters which a school council considers appropriate in relation to:

• clothing and other items worn, carried or used
• grooming
• physical appearance and the general presentation of students.

Section 26(1)(c) – Education and Training Reform Regulations 2017 (Vic)

States that the principal of a government school may determine the consequences to be imposed on a student for not wearing the school uniform in accordance with:

• a determination on school uniforms made by the school council and
• any Ministerial Order in relation to student discipline.

But the principal must be satisfied that the:

• student's failure to wear the uniform was because of the student's disobedience
• consequences must be reasonable, and
• dress code policy has been brought to the attention of the students and parents.

Section 42 – Victorian Equal Opportunity Act 2010 (Vic)

States that an educational authority may set and enforce reasonable standards of dress and appearance for students:

• where a standard of dress and appearance for students is considered reasonable
• when the views of the school community have been taken into account in setting the standard.

Resources

Policy template

A template Student Dress Code policy is available on the School Policy Templates Portal (staff login required). Schools can modify the template to suit their local circumstances.

Standard agreements

The three agreement templates relating to school uniforms, are:

• School council licence – school uniform business (DOCX) (staff login required)
• School council agreement for the appointment of school uniform supplier (DOCX) (school uniforms to be supplied at non school premises) (staff login required)
• School council agreement for the purchase of school uniforms (DOCX) (for on-sale by the School Council) (staff login required)

Exemptions

Student Dress Codes — Good practice case studies (DOCX) – includes example exemption requests including:

• Case Study 1: Exemption request for a facial piercing
• Case Study 2: Exemption request on religious cultural grounds