ACLU Sues Magnolia ISD For Gender-Based Hair Policy

MAGNOLIA, TX — The American Civil Liberties Union filed suit against Magnolia Independent School District on Thursday, accusing the district of discriminatory hair policies targeting boys and non-binary students.

The ACLU represents seven students, six boys and a non-binary child, between the ages of 7 and 17. The students faced unreasonable punishment, including weeks' worth of in-school suspension and even disciplinary alternative education programs (DAEP) away from campuses, according to the lawsuit. Some of the students cut their hair to avoid the punishments, and others were punished and eventually dropped out to be homeschooled.

Under the policy outlined in the Magnolia ISD student handbook for the 2021-22 school year, hair may "be no longer than the bottom of a dress shirt collar, bottom of the ear, and out of the eyes ... [and] not be pinned up in any fashion nor be worn in a ponytail or bun for male students." The grooming policy also prohibits earrings for boys but not girls.

Live in Conroe or Montgomery County? Click here to subscribe to our free breaking news alerts delivered to your inbox and mobile devices. Follow us on Facebook and Twitter, and download our free mobile app on Android or iPhone.

The lawsuit accuses Magnolia ISD of violating the Equal Protection Clause and Title IX and seeks nominal damages in addition to a permanent injunction "from enforcing its gender-based hair restrictions."

The seven students have gone to schools in Magnolia ISD without punishment for their long hair for years, and it was only this year that the district enforced the policy, according to the lawsuit.

A.C., a 9-year-old boy listed only with initials for privacy reasons, has never cut his hair short, and it's the custom of the men in his family, including his father and uncle, to wear it long. A.C. was sent to in-school suspension because of his hair in late August, where his grades suffered and he struggled to make friends, and he was moved to DAEP in late September. His family unenrolled him from the district on Oct. 12 and is homeschooling him, according to the lawsuit.

C.P. was sent to in-school suspension at Magnolia West for five weeks and was forced to miss tennis practices and matches. He unenrolled from the district, but because of a DAEP order, he couldn't enroll in another district and is instead being homeschooled.

Another plaintiff, T.T., also experienced a similar timeline of punishments and eventually unenrolled.

T.M., a non-binary student, was given in-school suspension for nine days because of their long hair but was given a temporary pause on enforcement of the policy for just them after the Houston Chronicle ran a story detailing T.M.'s treatment. That pause in enforcement is set to end on Oct. 30.

The three other plaintiffs opted to cut their hair in order to avoid missing extracurricular activities or being sent to in-school suspension or DAEP.

Magnolia ISD did not immediately respond to requests for a comment on the lawsuit.