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'The First Amendment is for everyone': CCSD changes graduation regalia policy after ACLU agreement

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LAS VEGAS (KTNV) — Changes are happening to the Clark County School District's graduation regalia policy following an agreement reached with the American Civil Liberties Union over self-expression.

WATCH | What the ACLU has to say about the graduation regalia policy

'The First Amendment is for everyone': CCSD changes graduation regalia policy after ACLU agreement

Channel 13 confirmed with CCSD that new guidance on regalia was sent out to graduating seniors and school administrators Monday afternoon.

The change is in response to an emergency court hearing on Sunday where a federal judge ruled that two stoles denied by a school administrator were actually protected forms of expression under the law. One of the stoles displayed the phrase — "Black Girl Magic" — and the other represented the ACLU of Nevada's Emerging Leaders Program.

Read the full guidance from CCSD

This is the Clark County School District with an important message for graduating seniors and their parents or guardians.

Stoles (not to exceed 5) and flat decorations and adornments on caps and gowns will be permitted to be worn by graduates at their graduations. Decorations and adornments must not be lewd, obscene, vulgar, profane, promote violence, promote the use of illicit drugs, constitute harassment, bullying, or discrimination. If a decoration or adornment is substantially disruptive or creates a material interference as described above, the graduate will be advised to remove the decoration or adornment to attend the ceremony.

Besides stoles and flat decorations and adornments discussed above, CCSD may still prohibit other graduation regalia that substantially disrupts or materially interferes with the graduation ceremony consistent with the First Amendment and NRS 388.915.

Thank you for helping to ensure that graduation ceremonies honor and recognize our graduates in a distinguished manner.

Per the agreement, ACLU said the policy will apply to all CCSD high schools and eliminate pre-approval of stoles and flat cap decorations.

“It was important for us to bring this case because if we didn’t, our client would have been prohibited from wearing her stole that reads 'Black Girl Magic' and those graduates in our Emerging Leaders Youth Leadership Program would have have met the same fate depending on the school they attend. It was also important for us to ensure CCSD complies with the law and school faculty and administrators do not get to be the arbiters of the First Amendment based on their own viewpoints. Consistency matters across CCSD. The First Amendment is for everyone. ACLU of Nevada will always fight to make sure that’s a reality, and we are grateful to the Judge in this matter for hearing this case when he did in an emergency fashion. You only graduate high school once and this moment is a time for graduates to celebrate their cultures, not experience censorship. We are grateful to spend our Memorial Day weekend defending the First Amendment.”
— Athar Haseebullah, ACLU of Nevada Executive Director

This battle of expression is not a new issue in Nevada. Students have been protesting against the district for years over graduation regalia. Last year, Channel 13 reported on an instance where an Eldorado High School senior was initially denied permission to wear her Mexican and Guatemalan regalia, until she was eventually allowed to do so, not through district permission, but through state law.

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What is that law? In 2023, Gov. Joe Lombardo signed Assembly Bill 73. AB 73 allows for "public school pupils to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies."

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