HOUSTON– A black Texas high school student who was disciplined and kept out of his classroom for months for refusing to change his hairstyle is unlikely to return to his regular classmates anytime soon.
Attempts by Darryl George's attorney to ask a judge to suspend his punishment by his Houston-area school district over his locs, as well as a civil rights lawsuit he and his family filed in September, remain on hold at the federal court.
George, 18, returned to suspension last week at his campus, Barbers Hill High School in Mont Belvieu, Texas, and he will remain there for the time being. Before that, he had attended an off-site disciplinary program for a month.
Here are some things you need to know about why George's discipline over his haircut has persisted for months, why his school district believes his actions are justified, and how several legal issues complicate George's situation.
WHY DOES DARRYL GEORGE REMAIN DISCIPLINED AND UNABLE TO RETURN TO CLASS?
George was first pulled from his classroom in August after school officials said his locs fell below his eyebrows and earlobes and violated the district's dress code. His family claims his hairstyle doesn't break any rules.
Allie Booker, the attorney for George's family, said Wednesday after a hearing on the federal lawsuit that people are trying to tell George to give up and cut his hair.
'But it won't break. He's strong… He says, 'I'm not going to cut my hair, but I just can't believe I'm going through this,'” Booker said. But Booker added that she fears George could eventually be deported.
WHAT IS THE CROWN ACT AND WHY DOES THE SCHOOL DISTRICT BELIEVE IT IS NOT VIOLATING IT?
George's family has argued that his sentence is discriminatory and violates the CROWN Act, which became law in Texas in September and is intended to ban hair discrimination based on race and prohibit employers and schools from penalizing people because of hair texture or protective hairstyles, including Afros and braids. , dreadlocks, twists or Bantu knots.
In court filings, attorneys for the Barbers Hill School District have said students do not have a protected right under federal law to wear their hair in the length and style of their choice while attending school.
During Wednesday's court hearing, Jonathan Brush, one of the school district's attorneys, said Barbers Hill has had a hair restriction policy for male students based on height for decades.
“Locs are always allowed,” says Brush.
Jaleesa Reed, an assistant professor at Cornell University whose research focuses on the intersections of beauty culture, identity and place informed by human geography, said that repeated attempts to control the expression of black hair through such policies necessitate the Demonstrate CROWN Act at the federal level.
“Rather than punishing students, providing opportunities to learn more about cultural hairstyles could enrich the learning environment and promote acceptance of differences,” Reed said.
William Sherman, an attorney in Washington, D.C., and legal strategist for the CROWN Act, said George is not receiving any training.
“Why? Because his haircut does not fit the Eurocentric ideal of neat and clean,” he said.
WHAT ARE OTHER LEGAL ISSUES COMPLICATING DARRYL GEORGE'S CASE?
George's family has filed a formal complaint with the Texas Education Agency and filed a federal civil rights lawsuit against Governor Greg Abbott and Attorney General Ken Paxton, along with the school district, claiming they failed to enforce the CROWN Act force. The lawsuit has been presented to U.S. District Judge Charles Eskridge.
The school district had filed a separate lawsuit in district court, asking the judge to clarify whether the dress code limiting student hair length for boys violates the CROWN Act. But George's attorney filed a motion to move that lawsuit to federal court. That separate case is before a different federal judge from Houston.
During Wednesday's hearing, Eskridge discussed a motion to consolidate the two lawsuits, as well as motions to dismiss the lawsuit against Abbott and Paxton and the school district and move the case to federal court in nearby Galveston.
Booker said she hopes to file a motion asking for a temporary injunction that would halt the school district's punishment of George until his case is resolved. But she said she can't do that until Eskridge rules on these other motions first, which may not happen until early next year.
“It's very frustrating. It's just overwhelming because it seems like you just want to get there… knowing you're going to win. A precedent has been set. We will win the injunction,” Booker said.
Barbers Hill's policy on student hair was previously challenged in a federal lawsuit filed by two other students in May 2020. Both students withdrew from high school, but one returned after a federal judge issued a temporary injunction, saying the student showed “a substantial likelihood” of violating his right to freedom of expression and to be free from racial discrimination would be violated if he did not return to high school. campus. That lawsuit remains pending.
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AP Education Writer Mumphrey reported from Phoenix.
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