LAS VEGAS, Nev. (FOX5) – High school seniors in the Clark County School District are preparing to walk across the stage for graduation next week.

Some CCSD students say they’ve been told they can’t wear items representing their culture, religion, or identity during their big moment. That’s led to a lawsuit.

The ACLU of Nevada claims the constitutional right to freedom of expression is being taken away at high schools across CCSD high schools, a problem they’ve been fighting for the last four years.

In May of 2022, students lined up at a CCSD Trustees meeting to express their frustration with district policy.

“As my graduation is approaching my concerns of walking across the stage without the stole are only increasing… I bought with my hard-earned money and want to wear when I walk across the stage,” said one student.

“No jewels or decorations on caps or gowns… other than those issued by CCSD. This takes away the right to wear cultural identity items,” another student argued.

“Mexico is to represent my dad who passed away this past year… I’m proud of who I am because that’s who he is,” shared Jocelynne Zepeda with FOX5 last year.

Eldorado High School senior Jocelynne Zepeda said the school initially denied her request to wear this custom-made regalia for graduation.(KVVU)

The Eldorado High senior submitted photos requesting to wear a Guatemalan and Mexican flag stole and was denied until the ACLU intervened. This year, the ACLU says enough is enough.

“We’re dealing with the same issue yet again and this year we’re seeing students from different schools… have different requirements at their graduation for what they can and can’t wear,” explained Athar Haseebullah, Executive Director for the American Civil Liberties Union of Nevada.

In a new lawsuit, the ACLU alleges CCSD students are at risk of having their first amendment rights violated again by being prohibited from wearing religious and cultural items.

They claim the Clark County School District adopted a policy in March adding new restrictions on cap and gown decorations this year, banning objects and adornments that “constitute proselytizing speech.” That’s despite a state law, AB73, passed last session that clarifies a student’s right to decorate their caps and gown.

The ACLU says CCSD is now not only ignoring the US Constitution but also Nevada law.

“School leaders don’t get to be the arbiters of what the First Amendment protects… Students would be afraid to even attempt to wear those because they might end up in a situation where that same administrator that told them that no other items are permitted in violation of the law would have the ability to refuse them potentially entry on the stage when they’re walking. We don’t want that to happen,” Haseebullah contended.

The ACLU says Las Vegas High School is requiring students to submit pictures of decorations and accessories for advanced approval and East Career Technical is telling one student she can’t wear a stole that says “Black Girl Magic” since it is not school issued.

The ACLU is asking the court to treat this as an emergency situation and intervene.

FOX5 reached out to the district for a response. They declined to comment due to the pending litigation.

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