Students denied wearing cultural regalia at graduation, ACLU says CCSD is violating laws

LAS VEGAS (KSNV) — We're less than two weeks away from high school graduation and there's controversy at some Clark County public schools over what students are able to wear on one of the most significant days of their lives.

A state law passed last year allows students to wear cultural and religious regalia.

But some families say the law is not being honored.

"There's been an ongoing sort of like struggle with this," said CCSD teacher and Nevada Assembkyman Reuben D'Silva.

He is getting dozens of calls from frustrated CCSD parents about Assembly Bill 73.

It allows students to wear cultural and religious adornments during graduation.

"The entire point of this law, the spirit of this law was to allow students a greater degree of freedom when it came to wearing cultural stoles," said D'Silva.

The law specifically states that a student is "entitled to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment."

"Wearing you know, a symbolic medallia that are symbolic of their cultures and their heritage identities that are not school-related," said D'Silva.

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D'Silva says the issues began when students received a "graduation participation agreement" from the district stating they can only wear stoles, cords, and medals approved by the school.

"My mom surprised me with this stole," said Eldorado High School student Jocelyn Cepeda. "She just said what do you want on it? And I was just like 'Oh I would love the Mexican flag for my dad and Guatemala for you."

Her mom sent an email for approval a month ago, and says she got a response Monday that the stole she got for her daughter was denied.

That stole also included a charm with her father's picture.

"He passed away last year and this is also very important for him," said Cepeda.

Her mom was told it was too late to appeal the decision.

"From the paper that they had us sign it even states that she should have declined it within five days," said Katie Franco, Cepeda's mom. "And I'm like I sent it April 2, so why did it take her so long for her to say no. And then in one of the emails I did ask, what is the reason for the denial and she never gave me a reason."

The American Civil Liberties Union of Nevada is angry and taking issue with the response.

They sent a letter to the district and board of trustees calling the approval requirements a violation of the First Amendment as well as state law.

The ACLU provided News 3 with a letter sent to them mid-April taking back the participation agreement.

"It's up to CCSD's leadership to step in and say 'no schools you are responsible for complying with AB73," said Athar Haseebullah, executive director of the ACLU of Nevada.

"I'm not sure if they didn't get the message and these are rogue school sites doing whatever they want or if this is the district's directive to empower schools to do whatever they want. but one thing that's not possible is for these schools to be able to do whatever they want."

Franco received an email from the school Wednesday morning finally approving her daughter's stole.

She credits the ACLU's action

"I do believe that 100%," she said.

The ACLU wants this action for all students.

If not, they say they're ready to take legal action.

As for Assemblyman D'Silva, he says he would be willing to consider amending the language in the bill to prevent this from happening again.

News 3 is still waiting to hear back from the district about other students at Eldorado who were denied.

The ACLU has put together a form for anyone who was denied to contact them, here.