"[Charter schools] shouldn't be able to impose on parents who want to attend public schools the very prescriptive requirements of private schools," says Carol Lear, state director of school law and legislation.

But charter school officials passionately defend their policies and describe parents as overwhelmingly supportive of school uniforms. They say their policies follow the law and can decrease distractions and improve behavior.

As the number of charter schools in Utah has grown, so, too, has the number of schools that require students to dress in outfits many associate with Catholic or private schools. Depending on the charter school, students wear everything from pleated skirts and ties to blouses with Peter Pan collars.

While general uniform requirements, such as white shirts and khaki pants, are not problematic, Lear says, what's against the law is requiring elementary school students to wear highly specific clothing items such as a shirt in one exact shade of light blue, a unique vest with a school logo or a tie in a certain plaid from one company.

The Utah Constitution states public education at the elementary school level must be free. In 1994, a district court ruled that schools must consider specific uniform requirements a form of student fees "if special requirements are set for color, style, fabric, imprints, etc., which make it less likely that the specific item will be found in students' homes."

The crux of the debate is not whether uniforms are legal, but whether charter schools serving elementary school children are requiring expensive or uncommon items in violation of the law requiring public education to be free. Because different language exists in different laws and rulings, each side defends its position on legal ground. What hangs in the balance is whether parents are being made to pay for clothing that some consider too costly or too specialized to make it readily available - and whether students will feel excluded or ostracized for not meeting the clothing rules.

Charter school officials argue their uniforms are allowed under recently passed state law. At John Hancock Charter School in Pleasant Grove as in at least several other schools, the school will provide clothing if a student cannot obtain his or her own uniform.

"It's easier for me to purchase a shirt rather than having a kid say, 'Why is that kid not in uniform?' " said Julie Adamic, the John Hancock director who is also a member of the Utah State Charter School Board.

As Lear interprets it, if charter schools want a prescriptive elementary school uniform or one highly specific piece of clothing for elementary school students, "They must issue it at the door."

"Elementary schools must be free," she says. "It doesn't mean, 'must be free if all the parents agree to pay a fee.' " Just providing uniforms to low-income students does not make the uniform "free," she said. Parents should not feel pressured to buy a uniform whether they're able to pay for one or not.

American Preparatory Academy, a charter school in Draper that serves students from kindergarten through ninth grade and requires uniforms, also provides new uniforms for students if a family is financially strapped.

"We feel like we have a lot of support for our uniform legally," said Carolyn Sharette, founder and director of the school. "We feel that because our parents all are notified of the uniform before they register their students and get to make a decision before they come to the school, our uniform doesn't infringe on anything that's been proven in the court as a limitation of civil rights."

Uniform requirements at the school have a degree of flexibility. Girls in kindergarten through second grade can wear a plaid or navy jumper or khaki pants. But if they choose to wear the plaid, they have to wear the school plaid. While boys in third through ninth grade have to wear a tie with a specific stripe, it can be found at multiple stores or bought at the school, Sharette said.

The director noted that parents at her school want the uniforms and that's one of the reasons they choose APA.

"We feel in America people should be able to have their child in an environment that's safe, free from distractions, free from discrimination, that uniforms provide that kind of environment," Sharette said.

But when a student doesn't meet uniform requirements because of the weave in their shirt, stitching on their pants or the shade of light blue of their shirt - all complaints Lear has heard from parents - she thinks there is a problem.

She will continue to work with charter schools on their uniform policies - as she has with traditional public schools - to make sure they're within the law.

"I'm going to keep after schools that I hear are embarrassing students, turning away students because they say, 'You don't have to come here if you don't like our policy,' " she says.

Associate State Schools Superintendent Ray Timothy plans to study the issue and decides whether any school policies violate the law.

"We don't have a problem with uniforms," he said. "It's a matter of if you get too prescriptive."

jlyon@sltrib.com