EdLawConnect Blog

In an Addendum to Fiscal Management Advisory 12-02 dated October 4, 2013, CDE advised that school districts (and other public K-12 educational entities) may not require students to purchase or pay for a cap and gown if wearing a cap and gown is a condition of participation in a graduation ceremony. Because the Supreme Court has held a high school graduation ceremony to be “an integral part of the educational process,” CDE determined high school graduation is an “educational activity” for which a school fee cannot be charged.  (Addendum 12-02, citing Sands v. Morongo Unified School District (1991) 53 Cal.3d 863, 873–874.)

While school districts and other public K-12 educational entities may rent gowns and provide them free of charge to students pursuant to Education Code section 38119, CDE will find a district violates the pupil fee statutes if it requires students to purchase a cap and gown to participate in the graduation ceremony. If students are required to wear a cap and gown, the district must supply the cap and gown to students; districts may not limit distribution of district-provided caps and gowns to students who are unable to pay. Although students may choose to purchase a cap and gown from a vendor, they cannot be required to do so.

In light of this recent guidance, school districts and other educational entities that host graduation ceremonies where caps and gowns are required must assess their options to ensure compliance with the school fee laws. Districts may choose to discontinue use of the ceremonial graduation garb, or may opt to provide caps and gowns to all students who do not wish to purchase or rent their own.  It remains to be seen whether the centuries-old “Pomp and Circumstance” graduation traditions will soon be history.