Mississippi school district upholds dress code policy based on biological sex amid federal complaint

A Mississippi school district’s decision to enforce its dress code, which requires students to dress according to their biological sex, has led to a federal complaint from a district mother.

The American Civil Liberties Union filed the complaint with the Department of Education on behalf of Kimberly Hudson, the mother of A.H., a 16-year-old biological male who identifies as a girl.

The complaint accuses the Harrison County School District (HCSD) of violating Title IX by enforcing “discriminatory sex-specific dress code policies” that “disproportionately harms girls, particularly transgender and gender nonconforming girls.”

The incident occurred in March when A.H. wore a black dress to a regional band concert evaluation.

While walking to class, A.H. was stopped by Principal Kelly Fuller, who informed the student that wearing a dress violated the district’s dress code, according to the complaint.  

The district’s dress code, approved last year, mandates that students “follow the dress attire consistent with their biological sex” on student records. Non-compliance results in in-school reassignment (ISR), and parents must bring appropriate clothing for the student to remain in school. 

A.H. was given the option to change into clothes adhering to the boys’ dress code or be sent to ISR and be barred from participating.  

The student changed into a button-down shirt and dress pants and participated in the concert.  

“I’m deeply concerned about the discriminatory practices within Harrison County School District that have unfairly targeted my daughter, along with other students,” Hudson said, according to CNN. “Transgender and gender nonconforming students should not be forced to choose between participating in school events or remaining true to their gender identity.”   

The HCSD school board put the current policy in place last year after another transgender student at the district, referred to in court documents as L.B., skipped his graduation after being told he would have to wear clothes that aligned with his biological sex, which was part of a graduation-specific dress code policy at that time. 

The ACLU filed a lawsuit in Federal Court in hopes of obtaining a quick ruling that would allow L.B. to wear a dress to graduation.  

However, U.S. District Court Judge Taylor McNeel denied the student’s request for a temporary relief order, siding with the school district, according to the Sun Herald.