First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0004.01 Chelsea Princell x4335
SENATE BILL 23-202
Senate Committees House Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE WEARING OF TRADITIONAL NATIVE AMERICAN101
REGALIA AT GRADUATION CEREMONIES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a school or school district to allow a qualified
student to wear and display traditional Native American regalia at a
school graduation ceremony.
The bill requires public colleges and universities to allow a
qualified student to wear and display traditional Native American regalia
at a college graduation ceremony.
SENATE SPONSORSHIP
Danielson and Jaquez Lewis,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-1-140 as2
follows:3
22-1-140. Tribal regalia at school graduation ceremonies -4
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(a) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A SCHOOL OR7
SCHOOL DISTRICT REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS8
CODE FOR A GRADUATION CEREMONY .9
(b) "Q
UALIFYING STUDENT" MEANS A STUDENT WHO IS ENROLLED10
AS A MEMBER OF A TRIBE, ELIGIBLE TO BE ENROLLED AS A MEMBER OF A11
TRIBE, OR IS NOT AN ENROLLED MEMBER OF A TRIBE BUT IS OF NATIVE12
A
MERICAN DESCENT.13
(c) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR14
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND15
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE :16
(I)
TRIBAL SYMBOLS;17
(II)
BEADS; AND18
(III)
FEATHERS.19
(d) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE20
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE21
FORMALLY ACKNOWLEDGES .22
(2) A
QUALIFYING STUDENT MAY WEAR TRIBAL REGALIA DURING23
A GRADUATION CEREMONY ; EXCEPT THAT A QUALIFYING STUDENT WHO IS24
NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR EAGLE25
FEATHERS. WEARING TRIBAL REGALIA INCLUDES DECORATING26
SB23-202-2- GRADUATION ATTIRE WITH TRIBAL REGALIA ; EXCEPT THAT A QUALIFYING1
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT2
DECORATE WITH EAGLE FEATHERS .3
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT4
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING5
STUDENT'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER6
IS:7
(I) A
N ENROLLED MEMBER OF A TRIBE;8
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR9
(III) N
OT AN ENROLLED MEMBER OF A TRIBE BUT IS OF NATIVE10
A
MERICAN DESCENT.11
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN12
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A13
TRIBE SHALL NOT WEAR EAGLE FEATHERS .14
(4) A
SCHOOL OR SCHOOL DISTRICT SHALL NOT PROHIBIT A15
QUALIFYING STUDENT OR THE QUALIFYING STUDENT 'S IMMEDIATE FAMILY16
FROM WEARING AND DISPLAYING TRIBAL REGALIA AT A GRADUATION17
CEREMONY.18
(5) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,19
INCLUDING, BUT NOT LIMITED TO, PRE-KINDERGARTEN, KINDERGARTEN,20
MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS.21
(6) T
HIS SECTION DOES NOT LIMIT A SCHOOL 'S OR SCHOOL22
DISTRICT'S AUTHORITY RELATED TO STUDENT EXPRESSION UNDER23
APPLICABLE FEDERAL AND STATE LAW .24
SECTION 2. In Colorado Revised Statutes, add 23-1-137.5 as25
follows:26
23-1-137.5. Tribal regalia at college graduation ceremonies -27
SB23-202
-3- definitions. (1) A S USED IN THIS SECTION, UNLESS THE CONTEXT1
OTHERWISE REQUIRES:2
(a) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC3
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS4
PART OF THE DRESS CODE FOR A GRADUATION CEREMONY .5
(b) "P
UBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC6
COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,7
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE8
THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY .9
(c) "Q
UALIFYING STUDENT" MEANS A STUDENT WHO IS ENROLLED10
AS A MEMBER OF A TRIBE, ELIGIBLE TO BE ENROLLED AS A MEMBER OF A11
TRIBE, OR IS NOT AN ENROLLED MEMBER OF A TRIBE BUT IS OF NATIVE12
A
MERICAN DESCENT.13
(d) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR14
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND15
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE :16
(I) T
RIBAL SYMBOLS;17
(II) B
EADS; AND18
(III) F
EATHERS.19
(e) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE20
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE21
FORMALLY ACKNOWLEDGES .22
(2) A
QUALIFYING STUDENT MAY WEAR AND DISPLAY TRIBAL23
REGALIA DURING A GRADUATION CEREMONY ; EXCEPT THAT A QUALIFYING24
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR25
EAGLE FEATHERS. WEARING TRIBAL REGALIA INCLUDES DECORATING26
GRADUATION ATTIRE WITH TRIBAL REGALIA ; EXCEPT THAT A QUALIFYING27
SB23-202
-4- STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT1
DECORATE WITH EAGLE FEATHERS .2
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT3
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING4
STUDENT'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER5
IS:6
(I) A
N ENROLLED MEMBER OF A TRIBE;7
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR8
(III) N
OT AN ENROLLED MEMBER OF A TRIBE BUT IS OF NATIVE9
A
MERICAN DESCENT.10
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN11
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A12
TRIBE SHALL NOT WEAR EAGLE FEATHERS .13
(4) A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT14
PROHIBIT A QUALIFYING STUDENT OR IMMEDIATE FAMILY MEMBER OF THE15
QUALIFYING STUDENT FROM WEARING AND DISPLAYING TRIBAL REGALIA16
AT A GRADUATION CEREMONY .17
(5) T
HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF18
HIGHER EDUCATION'S AUTHORITY RELATED TO STUDENT EXPRESSION19
UNDER APPLICABLE FEDERAL AND STATE LAW .20
SECTION 3. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
SB23-202
-5-