CNN/ WAFF - An Alabama girl was sent home on the first day of class because of her hair color.
Then she was marked 'absent' on her attendance record.
Jon McGee, the family's attorney said, 'How was this a problem, what event or act did she do that was disruptive or a distraction per the school board's policy?'
According to the student handbook- students found to be out of compliance with the dress code will not be allowed to attend classes and will incur an unexcused absence.
Attorney Jon McGee disputes those policies saying- school leaders never had an issue with the color of hayleigh black's hair until now.
McGee said, 'Whether people thinks it's bright or not her hair was that same color for the last three years. Now before she even goes to her first day of school it's an issue.'
' They just want to be treated fairly, and that's all this is about it's about being treated fairly, and letting Hayleigh be the child, the person she is'
Mcgee says black's grandmother served on the Muscle Shoals city school board for more than 10 years.
He says her family is well versed in student policies and respects the educational process.
McGee said, 'Pam wouldn't allow her granddaughter and I don't think pam's daughter. Hayleigh's mom would allow anything that was a violation or a disruption or a distraction to the educational process'
McGee is requesting the absence be expunged from black's record and that they allow her to change her hair color back to red.
If they can't come to an agreement- McGee says they've discussed steps to proceed with a federal lawsuit.
Superintendent Brian Lindsey says at this time he cannot comment on the situation- but says they've received the letters and have sent them to the school board's attorney in Huntsville.
According to the firm representing the district, they are currently reviewing the letters.
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