Consuela Underwood is a parent of a teenager in the Birmingham School System... She tells CBS 42 News that as a parent she expects her child to be kept safely within school grounds during school hours.

But it was while driving passed Hayes High School last week that she noticed a large number of students congregating across the street from the school during the mid morning hours. "I stopped my car and I asked why they were standing out there and told them they should be in school. They told me the principal kicked them out because of improper uniform attire which was their shoes."

Underwood was alarmed enough to bring the problem before the Birmingham City Council, stating that she felt the situation was mishandled and placed students in danger.

But system spokeswoman Michelle Chapman says the principal did no such thing. She says that Principal Anthony Gardner has a reputation of being a strict enforcer of the dress code as highlighted under the Birmingham City School: Code of Student Conduct.

The policy is clear that students may only wear solid colored shoes: Black, White, Brown, or Navy Blue. Gardner knew that following the Christmas Holiday students are known for returning to school wearing new clothing that is not permitted under school regulations.

Chapman says that Gardner instructed his Vice-Principals to be on watch as students returned to class... any students found in violation of the code were not initially permitted into the school and instead were asked to call parents on cell phones to provide a change of dress.

But Chapman says 18 students either refused to call a parent or parents were unwilling to return with a change of clothes. Those students says Chapman were allowed to enter the campus but were kept separated from the rest of the school and were not considered absent.

But Underwood is not alone in saying she witnessed students outside of the school during school hours. Other neighbors in the community we spoke say they saw the same thing.

Torey Williams graduated from Hayes High School in 2000. He says he remembers the policy well and how students would abuse it knowing that they wouldn't be allowed into class. "It's a problem because they already know what the dress code is and they want to do what they want to do."

Council Members today acknowledged that it's that attitude that is the real problem. Stephen Hoyt says it's a tactic he's seen before and says it highlights the need for an in-house Truancy Officer. "They are mingling, our young people cannot waste time because education is very, very important."

Councilwoman Maxine Parker acknowledges that Hayes High School has a problem. "Unless we get Hayes High School under control, unless we support the principal and that administration, we're going to continue to have problems at Hayes High School."

Mayor Larry Langford says for that to happen Parents must take control of their teens and pay attention to their child's attire.  "Our school system is going to continue to fall apart until we say the rules are the rules and you've got to live by these rules."

Student Code of Conduct Here: Dress Code Policy on pages 36-39