First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
April 6, 2023
SENATE SPONSORSHIP
Danielson and Jaquez Lewis,
HOUSE SPONSORSHIP
McLachlan and Velasco,
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 THAT IS A
10
DESCENDANT OF PEOPLE WHO WERE LIVING IN NORTH AMERICA PRIOR TO11
THE TIME PEOPLE FROM EUROPE BEGAN SETTLING IN NORTH AMERICA, IS12
AN ENROLLED MEMBER OF A FEDERALLY RECOGNIZED OR13
STATE-RECOGNIZED INDIAN TRIBE, OR IS A LINEAL DESCENDANT OF A14
TRIBALLY ENROLLED PARENT OR GRANDPARENT .15
(c) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR16
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND17
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE :18
(I)
TRIBAL SYMBOLS;19
(II)
BEADS; AND20
(III)
FEATHERS, IN LINE WITH THE MIGRATORY BIRD TREATY ACT
21
OF 1918.22
(d) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE23
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE24
FORMALLY ACKNOWLEDGES .25
(2) A
QUALIFYING STUDENT MAY WEAR TRIBAL REGALIA DURING26
202-2- A GRADUATION CEREMONY ; EXCEPT THAT A QUALIFYING STUDENT WHO IS1
NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR EAGLE2
FEATHERS. WEARING TRIBAL REGALIA INCLUDES DECORATING3
GRADUATION ATTIRE WITH TRIBAL REGALIA ; EXCEPT THAT A QUALIFYING4
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT5
DECORATE WITH EAGLE FEATHERS .6
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT7
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING8
STUDENT'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER9
IS:10
(I) A
N ENROLLED MEMBER OF A TRIBE;11
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR12
(III) I
S A LINEAL DESCENDANT OF A TRIBALLY ENROLLED PARENT
13
OR GRANDPARENT.14
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN15
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A16
TRIBE SHALL NOT WEAR EAGLE FEATHERS .17
(4) A
SCHOOL OR SCHOOL DISTRICT SHALL NOT PROHIBIT A18
QUALIFYING STUDENT OR THE QUALIFYING STUDENT 'S IMMEDIATE FAMILY19
FROM WEARING AND DISPLAYING TRIBAL REGALIA AT A GRADUATION20
CEREMONY.21
(5) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,22
INCLUDING, BUT NOT LIMITED TO, PRE-KINDERGARTEN, KINDERGARTEN,23
MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS.24
25
SECTION 2. In Colorado Revised Statutes, add 23-1-137.5 as26
follows:27
202
-3- 23-1-137.5. Tribal regalia at college graduation ceremonies -1
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT2
OTHERWISE REQUIRES:3
(a) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC4
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS5
PART OF THE DRESS CODE FOR A GRADUATION CEREMONY .6
(b) "P
UBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC7
COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,8
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE9
THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY .10
(c) "Q
UALIFYING STUDENT" MEANS A STUDENT THAT IS A
11
DESCENDANT OF PEOPLE WHO WERE LIVING IN NORTH AMERICA PRIOR TO12
THE TIME PEOPLE FROM EUROPE BEGAN SETTLING IN NORTH AMERICA, IS13
AN ENROLLED MEMBER OF A FEDERALLY RECOGNIZED OR STATE -14
RECOGNIZED INDIAN TRIBE, OR IS A LINEAL DESCENDANT OF A TRIBALLY15
ENROLLED PARENT OR GRANDPARENT .16
(d) "T
RIBAL REGALIA" MEANS A TRIBE'S TRADITIONAL DRESS OR17
RECOGNIZED OBJECTS OF RELIGIOUS OR CULTURAL SIGNIFICANCE AND18
INCLUDES THE FOLLOWING ITEMS OF CULTURAL SIGNIFICANCE :19
(I) T
RIBAL SYMBOLS;20
(II) B
EADS; AND21
(III) F
EATHERS, IN LINE WITH THE MIGRATORY BIRD TREATY ACT
22
OF 1918.23
(e) "T
RIBE" MEANS A TRIBE, BAND, NATION, OR ALASKAN NATIVE24
VILLAGE THAT IS RECOGNIZED BY FEDERAL LAW OR THAT A STATE25
FORMALLY ACKNOWLEDGES .26
(2) A
QUALIFYING STUDENT MAY WEAR AND DISPLAY TRIBAL27
202
-4- REGALIA DURING A GRADUATION CEREMONY ; EXCEPT THAT A QUALIFYING1
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT WEAR2
EAGLE FEATHERS. WEARING TRIBAL REGALIA INCLUDES DECORATING3
GRADUATION ATTIRE WITH TRIBAL REGALIA ; EXCEPT THAT A QUALIFYING4
STUDENT WHO IS NOT AN ENROLLED MEMBER OF A TRIBE SHALL NOT5
DECORATE WITH EAGLE FEATHERS .6
(3) (a) A
N IMMEDIATE FAMILY MEMBER OF A QUALIFYING STUDENT7
MAY WEAR AND DISPLAY TRIBAL REGALIA DURING THE QUALIFYING8
STUDENT'S GRADUATION CEREMONY IF THE IMMEDIATE FAMILY MEMBER9
IS:10
(I) A
N ENROLLED MEMBER OF A TRIBE;11
(II) E
LIGIBLE TO BE ENROLLED AS A MEMBER OF A TRIBE ; OR12
(III) I
S A LINEAL DESCENDANT OF A TRIBALLY ENROLLED PARENT
13
OR GRANDPARENT.14
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, AN15
IMMEDIATE FAMILY MEMBER WHO IS NOT AN ENROLLED MEMBER OF A16
TRIBE SHALL NOT WEAR EAGLE FEATHERS .17
(4) A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT18
PROHIBIT A QUALIFYING STUDENT OR IMMEDIATE FAMILY MEMBER OF THE19
QUALIFYING STUDENT FROM WEARING AND DISPLAYING TRIBAL REGALIA20
AT A GRADUATION CEREMONY .21
22
SECTION 3. Safety clause. The general assembly hereby finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety.25
202
-5-