LDF and Co-Counsel Reach Historic Settlement in Lawsuit Against Texas School District Challenging Natural Hair Discrimination

Yesterday, the Legal Defense Fund (LDF), Akin, AZA, and Neufeld Scheck Brustin Hoffmann & Freudenberger, LLP reached a six-figure settlement with the Barbers Hill Independent School District to resolve the lawsuit, Arnold v. Barbers Hill Independent School District. De'Andre Arnold, Kaden Bradford, and Sandy Arnold sued the school district in May 2020 after the school district refused to allow De'Andre and Kaden to attend regular classes and participate in extracurricular activities and graduation ceremonies unless they cut off their locs, which paid homage to their Black and Trinidadian heritage.

The settlement reflects a significant milestone in the ongoing effort to ensure that no student is denied educational opportunities or subjected to discrimination because of their natural hair or protective hairstyles. In 2020, a federal judge barred the district from enforcing its policy against Kaden (De'Andre had graduated) and preliminarily found that the school district's policy intentionally discriminated and contravened First Amendment rights. Last month, shortly before settlement, the Court ruled that De'Andre and Kaden's claims for race and sex discrimination, and violations of their First Amendment rights were viable and should head to trial.

Throughout the lawsuit, Plaintiffs alleged that BHISD's hair policy, which prohibited male students' hair from extending below their eyebrows, earlobes, or shirt collars, discriminated against Black students on the basis of race and sex and violated their First Amendment rights. They also challenged the District's selective enforcement of the policy against Black students with locs and its retaliation against Mrs. Arnold for speaking out. The settlement compensates De'Andre and Kaden for what they endured and marks an unprecedented resolution in the fight against natural hair discrimination in schools.

"After six years, this journey has finally come to an end," said plaintiff De'Andre Arnold. "I'm proud that we stayed committed to seeing this process through and grateful that we've reached a resolution to finally close this chapter. I hope that our experience will have a lasting impact and help ensure that other students can pursue their education without having to fight to be accepted as themselves."

"This resolution both means a lot for me, and is a testament to what young people can accomplish when they use their voice," said plaintiff Kaden Bradford. "What started as a fight for the right to keep my locs became something much bigger than I ever imagined. I'm glad we saw this through and proud of what we stood for along the way. I hope all students, here in Texas and across our country, will be able to pursue their education and know their identities are nothing to be ashamed of."

"This settlement marks the end of a six-year fight for De'Andre Arnold and Kaden Bradford, two brave young men who showed tremendous courage in standing up to challenge a discriminatory policy that sought to deny them the opportunity to get an education," said Michaele N. Turnage Young, Senior Counsel and Co-Manager of the Equal Protection Initiative at LDF. "We are proud to have stood with them every step of the way in their fight to combat natural hair discrimination, which has consequences beyond their own experiences. Their fight helped to bring national attention to hair discrimination in schools and advance the broader movement to defend all Black students' rights to, simply put, be who they are. No student should have to choose between their education and their constitutional right to honor their identity or cultural heritage. We hope their advocacy will continue to serve as an example for school districts and communities across the country."

The court's preliminary injunction had a far-reaching impact, prompting changes to school grooming guidance across Texas and nationally. The decision informed guidance from the Texas Association of School Boards and the National Federation of State High School Associations. In addition, the court's decision has led multiple school districts to revise their dress codes to remove discriminatory language. The success of Arnold v. Barbers Hill Independent School District also inspired similar lawsuits that resulted in additional injunctions barring the enforcement of discriminatory grooming policies in other school districts.

Learn more about the fight to end natural hair discrimination in schools.

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Founded in 1940, the Legal Defense Fund (LDF) is the nation's first civil rights legal organization. LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957, though it was founded under the leadership of Thurgood Marshall while he was at the NAACP. LDF's Thurgood Marshall Institute (TMI) is a division of LDF that undertakes innovative research and houses LDF's archive. In all media attributions, please refer to us as the Legal Defense Fund or LDF (do not include NAACP) and refer to the Institute as LDF's Thurgood Marshall Institute or TMI.

Akinis a leading international law firm with more than 1,100 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

Houston and Dallas trial boutique Ahmad Zavitsanos & Mensing, or AZA, has earned repeated recognition from Chambers USA among the best in Texas for its commercial law, intellectual property and appellate practices. The firm has been listed by Best Lawyers' Best Law Firms as one of the country's best commercial litigation firms for 13 years; has been named Litigation Department of the Year by Texas Lawyer four times; has five times been named a Most Feared Law Firm in a national survey; and was twice dubbed a Texas Powerhouse law firm by Law360.

Neufeld Scheck Brustin Hoffman & Freudenberger, LLP(NSBHF) is a prominent national civil rights law firm that specializes in federal civil rights litigation, specifically focusing on wrongful convictions and police misconduct.