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Friday, March 6, 2009

03-05-09 Dempsey v. Alston, Interim Superintendent of Pleasantville Public School District and Pleasantville Board of Education A-4975-06T3

03-05-09 Ted Dempsey, Sr., and Patricia Dempsey, individually
and as guardians ad litem for their minor son, O.D. v.
Clarence Alston, Interim Superintendent of
Pleasantville Public School District, Felicia M.
Hyman, Assistant Principal of Pleasantville High
School, and Pleasantville Board of Education
A-4975-06T3

In this appeal, we affirmed the decision of the Chancery
Division judge, William C. Todd, III, rejecting plaintiffs'
challenge to the constitutionality of N.J.S.A. 18A:11-8, which
authorizes boards of education to adopt school dress code
policies. We found the statute constitutional on its face and
as applied to plaintiffs' son, a student in Pleasantville's
public school district, which adopted a school dress code policy
in 2001.