HOUSTON -- A federal appeals court ruled Friday that a Texas
school district cannot punish an American Indian kindergartner for
wearing his hair in traditional braids to express his family's
religious beliefs.
The ruling from the 5th U.S. Circuit Court of Appeals in New
Orleans upholds a Houston lower court ruling.
The 5-year-old boy's parents, Kenney Arocha and Michelle
Betenbaugh, argued their son, identified in court papers as A.A.,
has a constitutional right to wear a hairstyle that conforms to his
Native American religious beliefs. Arocha hasn't cut his hair in 11
years, believing the long braids have religious meaning. His son's
hair has never been cut.
The boy wears his 13-inch-long hair in two braids outside his
shirt.
The Needville Independent School District argued its grooming
policy requires a boy's hair to not cover his ears or touch the top
of his shirt collar. The policy is designed to teach proper
hygiene, promote discipline and avoid disruptions in school,
according to Roger Hepworth, a lawyer for the district.
School officials initially refused to exempt the boy but later
allowed him to wear a single braid tucked into his shirt. His
parents challenged that proposal.
Last year, a federal judge barred the district from disciplining
the boy.
"We feel vindicated in our beliefs that no parents should be
forced to choose between their religion and culture and a public
education for their children," Arocha and Betenbaugh said in a
news release. "As parents, we are relieved that our son can
continue his education without being shamed for his beliefs."
A message left with the school district's adminstrative office
Friday afternoon was not immediately returned.
During arguments before the appeals court, Judge E. Grady Jolly
pressed Hepworth to explain why the district had prolonged the
court challenge rather than allow the boy to wear his hairstyle of
choice.
"It's not the (lower) court's job to decide how the policy
should be," Hepworth had said. "It's the school district's,
within constitutional limits."
Needville is about 45 miles southwest of Houston.
