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HOUSTON (AP) – A federal appeals cloister disqualified Friday that a Texas academy commune cannot abuse an American Indian kindergartner for cutting his beard in acceptable braids to accurate his family’s religious beliefs.

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The cardinal from the 5th U.S. Circuit Cloister of Appeals in New Orleans upholds a Houston lower cloister ruling.

The 5-year-old boy’s parents, Kenney Arocha and Michelle Betenbaugh, argued their son, articular in cloister affidavit as A.A., has a built-in appropriate to abrasion a hairstyle that conforms to his Native American religious beliefs. Arocha hasn’t cut his beard in 11 years, assertive the continued braids accept religious meaning. His son’s beard has never been cut.

The boy wears his 13-inch-long beard in two braids alfresco his shirt.

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The Needville Independent Academy Commune argued its admonishment action requires a boy’s beard to not awning his aerial or blow the top of his shirt collar. The action is advised to advise able hygiene, advance conduct and abstain disruptions in school, according to Roger Hepworth, a advocate for the district.

School admiral initially banned to absolved the boy but after accustomed him to abrasion a distinct complect tucked into his shirt. His parents challenged that proposal.

Last year, a federal adjudicator barred the commune from adorning the boy.

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“We feel vindicated in our behavior that no parents should be affected to accept amid their adoration and ability and a accessible apprenticeship for their children,” Arocha and Betenbaugh said in a account release. “As parents, we are adequate that our son can abide his apprenticeship after actuality abashed for his beliefs.”

A bulletin larboard with the academy district’s adminstrative appointment Friday afternoon was not anon returned.

During arguments afore the appeals court, Adjudicator E. Grady Jolly apprenticed Hepworth to explain why the commune had abiding the cloister claiming rather than acquiesce the boy to abrasion his hairstyle of choice.

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“It’s not the (lower) court’s job to adjudge how the action should be,” Hepworth had said. “It’s the academy district’s, aural built-in limits.”

Needville is about 45 afar southwest of Houston.

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