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ACLU sues WVW over mohawk

A brouhaha over a student’s hairdo has landed the Wyoming Valley West School District in county court.

The American Civil Liberties Union sued the district Tuesday saying eighth grade student Donovan Fortney is being unjustly punished for his new haircut, a mohawk.

“He’s being treated like a discipline problem for nothing more than the style of his hair,” said Paula Knudsen, the ACLU attorney representing the eighth grade student and his mother.

The district has vowed to keep the student in a special room for disruptive students — called in-school suspension — until he changes his hair. The child’s parents, Michelle Kolomber and Len Fortney, do not want the child’s hair to be altered, according to court documents.

A mohawk is crafted by shaving the head with the exception of a strip along the middle of the scalp. The remaining hair is often spiked.

The court could decide the student’s immediate future today. The ACLU has asked Luzerne County Judge Peter Paul Olszewski Jr. to force the district to bring the child back to a regular classroom until the court rules on whether or not the student has to change his hair.

At issue is whether the boy and his parents have a right to make hairstyle decisions or if the school can demand changes to the student’s appearance. State school law specifically says a school cannot dictate hairstyles unless its a matter of health, safety or a classroom disruption.

Michael Hudacek, the district solicitor, said the child’s hair caused a stir in the school, which defends the district’s decision to say the mohawk is unacceptable.

“I guess he is trying to make a statement that he is a fashion plate or something,” Hudacek said. “It is disruptive.”

Knudsen questioned how the boy’s hair could have caused a problem. When he reported to school Dec. 11, he was taken right to the office. He has not been in a regular classroom since.

“Where is the disruption if he didn’t go into the classroom?” Knudsen asked. “They just made a pre-emptive strike and said, ‘I want that hair out of here.’”

Hudacek insists the school has nothing against mohawk-style hair.

“We have another student who has a mohawk,” Hudacek said. “But this one is too high. He needs to tone it down.”

The mohawk’s height is another point of contention.

Hudacek said the hair stands between 8 to 10 inches. A photograph attached to the lawsuit uses a tape measure to show it is between 5 and 6 inches high.

The mohawk is among many hairstyles schools often try to regulate, said a staff lawyer for the First Amendment Center at Vanderbilt University.

“I’d say the school is on fairly shaky ground,” David Hudson said. “Courts have rejected similar efforts.”

The student and his mother could not be reached for comment. Knudsen, their attorney, said she understood they did not want to speak with the media.