Sunset in background of people in gowns throwing caps into the air

Graduations and happy tears

Caps and gowns and smiles and tears. My social media right now is filled with bright young adults in graduation regalia, tassels hanging down their faces showing their mixed emotions. Friends and family encircle the graduate. It is truly an exciting day! 

I personally know some very incredible high school seniors graduating this weekend. I’m so happy for them. And all month, I’ve been thinking about my friends who raised them and the challenges and adventures along the way. We know this is just the beginning of so much more to come for our graduating seniors.

Since I have a unique view from the inside of public schools, let me show you behind the graduation curtains. But also, I will definitely nerd out about the school law aspects of public high school graduations in Oklahoma. From the venue to the contracts, concessions or none, free speech, freedom of religion, etc. 

First, the graduation venue… auditorium, stadium, or church?

Not all schools have a large enough space to host its own graduation. Some of us chance it at outdoor stadiums despite being in the very Oklahoma weather volatile month of May. Others look to local large event centers and even churches to host the event. 

Yes, graduation for a public school can legally be held in a church. In fact, we have a state law about it. In that case, schools may ask for moveable statues and religious decorations to be removed from the room. But it’s not really necessary. It is common for a parent or guardian to be upset at the simple fact that a school event is held at a church. But a violation of the constitution requires more than that. 

Side note: churches can also hold events at public school buildings – following the school’s facility use policy and process.

And while I’d love to tell you this is an area of law that is well-settled, it no longer is. In recent years, the Supreme Court of the United States has upended what us school lawyers knew as tried and true school law on religion. Goodbye, Lemon test! The primary question for whether a graduation ceremony in a church is a violation of constitutional protections is whether those in attendance are required to be there and whether they are forced to practice that religion. It’s a bit more complicated than that, but that is the gist… for now. 

The fact of the matter is that, for some communities, there is no other place to hold a large event like graduation. Splitting up a graduation ceremony into two may sound good in theory but it’s not what the students need and want for this important celebration. They are friends with those from other parts of the alphabet.

The graduation venue contract… no glitter!

Oh the joy of reviewing contracts – especially for renting event spaces! There is almost always a contract term prohibiting glitter and/or confetti and sometimes silly string. Did you know that you have to have your government ID scanned to buy silly string at certain stores? Crazy, huh?! Bullhorns are often mentioned as big no-no’s as well. Parking is explained as well as security and even concessions. 

Who attends Graduation?

Beyond the graduating students and their families, the school district truly embraces the celebration and so many are involved behind the scenes. As someone on the school district leadership team, I get to attend and sit on the stage. Sometimes, we get introduced and sometimes we help organize diploma holders as students walk on stage. 

To dress for the occasion, I get to wear a black commencement robe with a purple and white hood for my highest degree (Juris Doctor). You’ll notice those of us on stage in different colors and even styles. That is based upon the type of degree we hold. 

Let’s Talk about Free Speech

Graduation is a long ceremony, not just because there may be hundreds of students’ names read as they cross the stage. Usually there will be a few speeches given by the high school principal, maybe the school district superintendent but almost always from the Senior Class President and/or Valedictorian and other students. 

Those speeches should be reviewed by school administration beforehand. Students can say what they want – mostly. Some comments may be censored if they are sexually inappropriate, discriminatory of a protected class, harassing, etc. That is very rare.

The Shoes.

When you’re watching the graduates promenade down the aisle to the stage and up the steps, I always notice the student’s shoes. And I can tell some have never worn those 5 inch tall strappy (sometimes sparkly) sandals ever before that day. But, they’re gorgeous! My worst case scenario brain incessantly plays, “Please don’t trip.Watch that step. Don’t take a selfie and fall off stage…”

Handshakes or fist bumps?

With a line of administrators and teachers and school board members on stage, students quickly are faced with a scary situation. These people want me to shake hands with them! I can see the horror. Many students will go to a high five or fist bump; others go in for a big hug. Some do shake our hands. But, it’s an awkward moment for all, because nobody knows what to expect. From my perspective, we let the student lead. I don’t want to force a handshake anymore than a student wants to try to figure it out on the spot in front of the entire class and their closest relatives. 

The students shuffle back to their seats.

Sorry, but most diploma holders are empty.

Yes, the diploma holders are often empty. It’s a let down. I can see the disappointment, shock, and surprise on students’ faces after they get back to their seats and exchange looks with their friends in disbelief. Usually graduation is held before grades are due by teachers. And often the timeframe within which teachers are required to turn in final grades is past the graduation ceremonies. And that is usually set by a negotiated agreement between the district and a union that represents the teachers. 

And, then it’s over… Families are cheering them on. The tassels switch sides. The hats go up in the air (and I worry about poked eyeballs!). 

My favorite part is seeing the students as they exit the graduation seats with so much energy. Back to celebrate with their favorite people. They worked so hard and for so long. And, their future is just getting started…