
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, February 16, 1991                   TAG: 9102160023
SECTION: NATL/INTL                    PAGE: A-2   EDITION: METRO 
SOURCE: Associated Press
DATELINE: PHARR, TEXAS                                LENGTH: Medium

4-YEAR-OLD BOY'S LONG HAIR KEEPS A DIVINE PROMISE

Four-year-old Joshua Garcia sat in the school cafeteria Friday with his shoulder-length hair still damp and with his thumb stuck in his mouth, seemingly enjoying the swirl of attention.

Joshua's parents made a vow to God to keep his hair long until doctors assure them he is cured of cancer. But officials contend he is violating a dress code that prohibits pupils from having hair that falls below the collar.

After a 10-day hiatus, Carnahan Elementary School allowed Joshua back in the classroom Friday while officials decide whether to expel him.

Sandra and Manuel Garcia obtained a temporary restraining order last week letting Joshua attend the public school in Pharr near the Mexican border after the school sent the boy home Feb. 5.

But visiting state District Judge Romeo Flores dissolved the order Thursday, saying the family did not prove irreparable harm had been done to the boy. The judge refused to issue an injunction prohibiting the school from expelling the child.

Joshua will remain in his half-day school program while the district, lawyers and judges decide what happens next.

School district attorney Jesus Ramirez recommended that the Garcias go before the school board to seek an exception to the hair rule on religious grounds. No hearing has been scheduled.

"It's not a hair case," Ramirez said. "It's a First Amendment, religion case. It's an important distinction."

The couple's attorney, Aaron Pena Jr., said they want to set a precedent for "the issue of whether hair length is a religious expression and whether or not that is protected under the Constitution."

The Garcias said they made a "promesa," or vow to God, at a Catholic shrine in November 1987 not to cut the boy's light-brown hair until they were sure Joshua's cancer was completely cured. Doctors feared that cancer removed from one of Joshua's testicles had spread to his lymph nodes.

Hispanics in South Texas regularly make pilgrimages to a shrine in nearby San Juan to offer up faith promises. Some of the faithful leave locks of hair, crutches, graduation caps or other symbols in a special "promesa" room after their prayers are granted, said the Rev. Pete Cortez, shrine director.

The Garcias said they probably will cut Joshua's hair this summer if a series of blood tests continues to show the absence of cancer.

by CNB