Whose fault is this really?

I like to read the news (i.e. the headlines) every day. Most of everything in the news right now is split between the conflict between Russia and Georgia (the country), and the Beijing Olympics. There was one article, however, that caught my eye. I will just copy the text here, because it is a short enough article:

"VENTURA, Calif. - The family of a gay teenager who was fatally shot in class blames the school district for allowing their son to wear makeup and feminine clothing to school — factors the family claims led to the death.

The parents and brother of 15-year-old Larry King of Oxnard filed a personal injury claim against the Hueneme school district seeking unspecified damages for not enforcing the dress code.

King, an eighth-grader at E.O. Green Junior High School, was shot in February. Classmate Brandon McInerney pleaded not guilty to the shooting last week. He was charged as an adult and also faces a charge of a committing a hate crime.

The family's claim, filed last week in Ventura County Superior Court, said administrators and teachers failed to enforce the school's dress code when King wore feminine clothing and makeup to school."

If you want to read it on the news site, so you know I'm not making this up, read it on MSN here.

Is it really the school's responsibility? I understand dress codes are meant to protect students, and maintain some level of public modesty. Most schools don't let students wear gang signs, for example. Many schools put a limit on how revealing clothes can be. But this doesn't seem to fall into either of the two categories. I'm no expert in law (yet), but I think it is pretty safe to assume that the school would be in really big trouble if they added "Don't dress gay" to their dress code.

This really seems like it is the parent's responsibility. Unless this was a private school with dormitories, I don't see how the parents could remain unaware of their son's activities. In an age where we flaunt personal choice as almighty, and we (by "we" I mean society as a whole) attack the government's ability to restrict choice, it seems all the more ridiculous to get mad at the government when they allow people to do as they please.