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

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

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 Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Supreme Court Rejects Appeal Over School's Ban of 'Let's Go Brandon' Sweatshirts
The justices left in place a lower court ruling that schools can ban the phrase over its veiled vulgarity.
1 min read
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
A spectator wears a Let's Go Brandon shirt in the stands during the first half of the Hula Bowl NCAA college football game, Jan. 15, 2022, in Orlando, Fla.
Phelan M. Ebenhack/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images