Law & Courts

Okla. District, Muslim Student Dispute Head Scarf

By Marianne D. Hurst — October 22, 2003 1 min read
  • Save to favorites
  • Print

A Muslim student who was suspended twice by her Oklahoma school district for wearing a head scarf was back in school last week.

Nashala Hearn, a 6th grader who attends the 400-student Benjamin Franklin Science Academy in Muskogee, was suspended for a total of eight days this month for violating the district’s dress code. The girl’s parents said she wore the veil for religious reasons, and they have threatened to sue the district.

“It’s an issue of safety,” said Eldon Gleichman, the superintendent of the 6,300-student Muskogee district. Its long-standing dress code prohibits students from wearing any type of headgear, including caps, hats, and scarves.

Mr. Gleichman said allowing an exception to the policy for religious reasons would undermine it by showing favoritism to a specific group and compromise the religious neutrality of the public school system.

Lawsuit Threatened

The Rutherford Institute, a legal-advocacy group based in Charlottesville, Va., plans to file a lawsuit against the district if the policy isn’t altered. The group says the policy violates students’ rights to free speech, expression, and exercise of religion.

According to district officials, Nashala started the school year wearing a transparent veil, but then began to appear with her head, chin, nose, and mouth fully covered. She also requested and took time to pray during instructional time, Mr. Gleichman said, which he maintains was disruptive and interrupted her education.

The issue came to a head on Sept. 11, when the school’s principal asked her to remove the veil, district officials said. When she refused to do so, she was suspended this month, first for three days and then for five days.

The student’s parents, who met with district officials last week, have agreed to send their daughter back to school for two weeks, wearing only the light veil.

Charles Haynes, a senior scholar with the First Amendment Center in Nashville, Tenn., said Oklahoma law specifically protects the student’s right to wear the head scarf.

“The school district would be wise to rewrite its policy,” he said, to include an exemption from the dress code for religious reasons.

Events

Teaching Profession K-12 Essentials Forum Supporting the New K-12 Workforce: What Teachers Need to Stay at School
 Join this free virtual event to discover what teachers say they need to feel supported to stay in classrooms for the long haul.
College & Workforce Readiness K-12 Essentials Forum Career and Technical Education Takes Its Next Big Step
Join this free virtual event to hear creative approaches to modernize CTE programs and navigate the shift away from a near-exclusive focus on "college preparedness."

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Federal Judge Strikes Down Trump's $100,000 Fee on New H-1B Visas
Schools and states say filling teacher and doctor vacancies was hard enough before the fee hike.
3 min read
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York, early on June 9, 2026, as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen.
President Donald Trump talks with reporters before boarding Air Force One at John F. Kennedy International Airport in New York early on June 9, 2026 as Environmental Protection Agency director Lee Zeldin, left, and Interior Secretary Doug Burgum listen. A federal judge in Boston has struck down Trump's elevated, $100,000 fee for H-1B visas that employers use to hire foreign workers for hard-to-fill positions.
Mark Schiefelbein/AP
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP
Law & Courts Appeals Court Revives Lawsuit Over 1st Grader’s Black Lives Matter Drawing
A court revived a 1st grader 's claim she was punished for giving a drawing to a Black classmate.
4 min read
Seen is the drawing made by Viejo Elementary School first-grader B.B. that was entered into evidence. B.B. gave the drawing to her classmate, M.C., who is African American. M.C. thanked B.B.
Pictured is a drawing by a 1st grader in California and given to a Black classmate that is at the center of a First Amendment legal challenge over the student's alleged punishment.
U.S. Court of Appeals for the 9th Circuit