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Colorado House Bill HB1070

Colorado 2024 Regular Session

Colorado House Bill HB1070 Compare Versions

Only one version of the bill is available at this time.
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11 Second Regular Session
22 Seventy-fourth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 24-0015.01 Chelsea Princell x4335
88 HOUSE BILL 24-1070
99 House Committees Senate Committees
1010 Education
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE MANNER OF DRESS DURING SCHOOL GRADUATION101
1414 CEREMONIES.102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill allows a preschool, public school, or public college or
2323 university student to wear and display religious or cultural regalia at a
2424 graduation ceremony.
2525 The bill prohibits a preschool, school, or public college or
2626 university from restricting what a student may wear under the student's
2727 required graduation attire.
2828 HOUSE SPONSORSHIP
2929 Velasco and Hernandez, Duran, Garcia, Brown, deGruy Kennedy, Hamrick, Jodeh,
3030 Weissman, Woodrow, Young
3131 SENATE SPONSORSHIP
3232 Fields, Cutter
3333 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3434 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3535 Dashes through the words or numbers indicate deletions from existing law. The bill allows a preschool, school, or public college or university
3636 to prohibit a student from wearing or displaying an item that is likely to
3737 cause substantial disruption of, or material interference with, a graduation
3838 ceremony, but the prohibition must be the least restrictive means
3939 necessary to accomplish a specifically identified important government
4040 interest.
4141 Prior to the start of the 2024-25 school year, the bill requires a
4242 preschool, school, and public college or university to develop and adopt
4343 a policy that aligns with the requirements of this bill.
4444 Be it enacted by the General Assembly of the State of Colorado:1
4545 SECTION 1. In Colorado Revised Statutes, amend 22-1-142 as2
4646 follows:3
4747 22-1-142. Tribal, cultural, or religious regalia at school4
4848 graduation ceremonies - definitions. (1) As used in this section, unless5
4949 the context otherwise requires:6
5050 (a) "A
5151 DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN7
5252 WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO8
5353 DECORATING GRADUATION CAPS .9
5454 (b) "C
5555 ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION10
5656 OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS11
5757 BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,12
5858 GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,13
5959 AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT14
6060 INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,15
6161 OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.16
6262 (a)
6363 (c) "Graduation attire" means attire that a PUBLIC school, or17
6464 school district,
6565 CHARTER SCHOOL INSTITUTE, OR BOARD OF COOPERATIVE18
6666 SERVICES requires a student to wear as part of the dress code for a19
6767 graduation ceremony.20
6868 HB24-1070-2- (d) "PUBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT1
6969 CHARTER SCHOOL, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A2
7070 BOARD OF COOPERATIVE SERVICES ; OR AN INSTITUTE CHARTER SCHOOL.3
7171 (b) (e) "Qualifying student" means a student who is a descendant4
7272 of people who were living in North America prior to the time people from5
7373 Europe began settling in North America, is an enrolled member of a6
7474 federally recognized or state-recognized Indian tribe, or is a lineal7
7575 descendant of a tribally enrolled parent or grandparent.8
7676 (f) "S
7777 TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE9
7878 GRADUATION CEREMONY AS A GRADUATE .10
7979 (c)
8080 (g) "Tribal regalia" means a tribe's traditional dress or11
8181 recognized objects of religious or cultural significance and includes the12
8282 following items of cultural significance:13
8383 (I) Tribal symbols;14
8484 (II) Beads; and15
8585 (III) Feathers, in line with the federal "Migratory Bird Treaty Act16
8686 of 1918".17
8787 (d) (h) "Tribe" means a tribe, band, nation, or Alaskan Native18
8888 village that is recognized by federal law or that a state formally19
8989 acknowledges.20
9090 (2) A
9191 STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR21
9292 RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S22
9393 GRADUATION CEREMONY .23
9494 (2)
9595 (3) A qualifying student may wear tribal regalia during a THE24
9696 QUALIFYING STUDENT'S graduation ceremony; except that a qualifying25
9797 student who is not an enrolled member of a tribe shall not wear eagle26
9898 feathers. Wearing tribal regalia includes decorating graduation attire with27
9999 HB24-1070
100100 -3- tribal regalia; except that a qualifying student who is not an enrolled1
101101 member of a tribe shall not decorate with eagle feathers.2
102102 (3) (4) (a) An immediate family member of a qualifying student3
103103 may wear and display tribal regalia during the qualifying student's4
104104 graduation ceremony if the immediate family member is:5
105105 (I) An enrolled member of a tribe;6
106106 (II) Eligible to be enrolled as a member of a tribe; or7
107107 (III) A lineal descendant of a tribally enrolled parent or8
108108 grandparent.9
109109 (b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this10
110110 section, an immediate family member who is not an enrolled member of11
111111 a tribe shall not wear eagle feathers.12
112112 (4) (5) A PUBLIC school, or school district, CHARTER SCHOOL13
113113 INSTITUTE, OR BOARD OF COOPERATIVE SERVICES shall not prohibit a14
114114 qualifying student or the qualifying student's immediate family from15
115115 wearing and displaying tribal regalia at a graduation ceremony.16
116116 (6) A
117117 PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL17
118118 INSTITUTE, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE18
119119 RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT 'S19
120120 REQUIRED GRADUATION ATTIRE .20
121121 (7) (a) T
122122 HIS SECTION DOES NOT LIMIT A SCHOOL 'S, SCHOOL21
123123 DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE22
124124 SERVICES' ABILITY TO PROHIBIT AN ITEM THAT IS LIKELY TO CAUSE23
125125 SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE24
126126 GRADUATION CEREMONY .25
127127 (b) A
128128 PROHIBITION IMPOSED BY A PUBLIC SCHOOL , OR SCHOOL26
129129 DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE27
130130 HB24-1070
131131 -4- SERVICES PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE:1
132132 (I) B
133133 ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON2
134134 AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND3
135135 (II) B
136136 Y THE LEAST RESTRICTIVE MEANS NECESSARY .4
137137 (8) O
138138 N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A5
139139 PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR6
140140 BOARD OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY7
141141 THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .8
142142 (5)
143143 (9) This section applies to all public school graduations,9
144144 including, but not limited to, kindergarten, middle school, junior high10
145145 school, and high school graduations.11
146146 SECTION 2. In Colorado Revised Statutes, 22-2-117, amend12
147147 (1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:13
148148 22-2-117. Additional power - state board - waiver of14
149149 requirements - rules. (1) (b) The state board shall not waive any of the15
150150 requirements specified in any of the following statutory provisions:16
151151 (IX) Any provisions of section 22-1-128 relating to17
152152 comprehensive human sexuality education content requirements; or18
153153 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),19
154154 22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)20
155155 relating to discrimination based on hair texture, hair type, or a protective21
156156 hairstyle that is commonly or historically associated with race;
157157 OR22
158158 (XI) T
159159 HE WEARING OF TRIBAL REGALIA OR CULTURAL OR23
160160 RELIGIOUS OBJECTS AT SCHOOL GRADUATION CEREMONIES PURSUANT TO24
161161 SECTION 22-1-142.25
162162 SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend26
163163 (6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:27
164164 HB24-1070
165165 -5- 22-30.5-104. Charter school - requirements - authority - rules1
166166 - definitions. (6) (c) A school district, on behalf of a charter school, may2
167167 apply to the state board for a waiver of a state statute or state rule that is3
168168 not an automatic waiver. Notwithstanding any provision of this4
169169 subsection (6) to the contrary, the state board may not waive any statute5
170170 or rule relating to:6
171171 (VIII) Section 22-33-106.1 concerning suspension and expulsion7
172172 of students in preschool through second grade; or8
173173 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)9
174174 and 22-63-206 (1) relating to discrimination based on hair texture, hair10
175175 type, or a protective hairstyle that is commonly or historically associated11
176176 with race;
177177 OR12
178178 (X) T
179179 HE WEARING OF TRIBAL REGALIA OR CULTURAL OR RELIGIOUS13
180180 OBJECTS AT SCHOOL GRADUATION CEREMONIES PURS UANT TO SECTION14
181181 22-1-142.15
182182 SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend16
183183 (7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:17
184184 22-30.5-507. Institute charter school - requirements -18
185185 authority - rules - definitions. (7) (b) An institute charter school may19
186186 apply to the state board, through the institute, for a waiver of state statutes20
187187 and state rules that are not automatic waivers. The state board may waive21
188188 state statutory requirements or rules promulgated by the state board;22
189189 except that the state board may not waive any statute or rule relating to:23
190190 (VIII) Section 22-33-106.1 concerning suspension and expulsion24
191191 of students in preschool through second grade; or
192192 25
193193 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k)26
194194 and 22-63-206 (1) relating to discrimination based on hair texture, hair27
195195 HB24-1070
196196 -6- type, or a protective hairstyle that is commonly or historically associated1
197197 with race;
198198 OR2
199199 (X) T
200200 HE WEARING OF TRIBAL REGALIA OR CULTURAL OR RELIGIOUS3
201201 OBJECTS AT SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION4
202202 22-1-142.5
203203 SECTION 5. In Colorado Revised Statutes, amend 23-1-137.56
204204 as follows:7
205205 23-1-137.5. Tribal, cultural, or religious regalia at college8
206206 graduation ceremonies - definitions. (1) As used in this section, unless9
207207 the context otherwise requires:10
208208 (a) "A
209209 DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN11
210210 WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO12
211211 DECORATING GRADUATION CAPS .13
212212 (b) "C
213213 ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION14
214214 OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS15
215215 BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,16
216216 GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,17
217217 AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT18
218218 INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,19
219219 OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.20
220220 (a)
221221 (c) "Graduation attire" means attire that a public institution of21
222222 higher education requires a student to wear as part of the dress code for22
223223 a graduation ceremony.23
224224 (b) (d) "Public institution of higher education" means a public24
225225 college, university, community college, area technical college,25
226226 educational center, local district college, or junior college that is26
227227 supported in whole or in part by general fund money.27
228228 HB24-1070
229229 -7- (c) (e) "Qualifying student" means a student that is a descendant1
230230 of people who were living in North America prior to the time people from2
231231 Europe began settling in North America, is an enrolled member of a3
232232 federally recognized or state-recognized Indian tribe, or is a lineal4
233233 descendant of a tribally enrolled parent or grandparent.5
234234 (f) "S
235235 TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE6
236236 GRADUATION CEREMONY AS A GRADUATE .7
237237 (d)
238238 (g) "Tribal regalia" means a tribe's traditional dress or8
239239 recognized objects of religious or cultural significance and includes the9
240240 following items of cultural significance:10
241241 (I) Tribal symbols;11
242242 (II) Beads; and12
243243 (III) Feathers, in line with the "Migratory Bird Treaty Act of13
244244 1918".14
245245 (h) "Tribe" means a tribe, band, nation, or Alaskan Native village15
246246 that is recognized by federal law or that a state formally acknowledges.16
247247 (2) A
248248 STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR17
249249 RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S18
250250 GRADUATION CEREMONY .19
251251 (2)
252252 (3) A qualifying student may wear and display tribal regalia20
253253 during a THE QUALIFYING STUDENT'S graduation ceremony; except that a21
254254 qualifying student who is not an enrolled member of a tribe shall not wear22
255255 eagle feathers. Wearing tribal regalia includes decorating graduation attire23
256256 with tribal regalia; except that a qualifying student who is not an enrolled24
257257 member of a tribe shall not decorate with eagle feathers.25
258258 (3) (4) (a) An immediate family member of a qualifying student26
259259 may wear and display tribal regalia during the qualifying student's27
260260 HB24-1070
261261 -8- graduation ceremony if the immediate family member is:1
262262 (I) An enrolled member of a tribe;2
263263 (II) Eligible to be enrolled as a member of a tribe; or3
264264 (III) A lineal descendant of a tribally enrolled parent or4
265265 grandparent.5
266266 (b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this6
267267 section, an immediate family member who is not an enrolled member of7
268268 a tribe shall not wear eagle feathers.8
269269 (4) (5) A public institution of higher education shall not prohibit9
270270 a qualifying student or immediate family member of the qualifying10
271271 student from wearing and displaying tribal regalia at a graduation11
272272 ceremony.12
273273 (6) A
274274 PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT13
275275 IMPOSE RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE14
276276 STUDENT'S REQUIRED GRADUATION ATTIRE .15
277277 (7) (a) T
278278 HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF16
279279 HIGHER EDUCATION'S ABILITY TO PROHIBIT AN ITEM THAT IS LIKELY TO17
280280 CAUSE A SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH,18
281281 THE GRADUATION CEREMONY .19
282282 (b) A
283283 PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER20
284284 EDUCATION PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE:21
285285 (I) B
286286 ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON22
287287 AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND23
288288 (II) B
289289 Y THE LEAST RESTRICTIVE MEANS NECESSARY .24
290290 (8) O
291291 N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A25
292292 PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT26
293293 A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .27
294294 HB24-1070
295295 -9- (9) THIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER1
296296 EDUCATION GRADUATIONS .2
297297 SECTION 6. In Colorado Revised Statutes, amend 26.5-1-1143
298298 as follows:4
299299 26.5-1-114. Tribal, cultural, or religious regalia at preschool5
300300 graduation ceremonies - definitions. (1) As used in this section, unless6
301301 the context otherwise requires:7
302302 (a) "A
303303 DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN8
304304 WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO9
305305 DECORATING GRADUATION CAPS .10
306306 (b) "C
307307 ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION11
308308 OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS12
309309 BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,13
310310 GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,14
311311 AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT15
312312 INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,16
313313 OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.17
314314 (a)
315315 (c) "Graduation attire" means attire that a preschool requires18
316316 a student to wear as part of the dress code for a graduation ceremony.19
317317 (b) (d) "Qualifying student" means a student who is a descendant20
318318 of people who were living in North America prior to the time people from21
319319 Europe began settling in North America, is an enrolled member of a22
320320 federally recognized or state-recognized Indian tribe, or is a lineal23
321321 descendant of a tribally enrolled parent or grandparent.24
322322 (e) "S
323323 TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE25
324324 GRADUATION CEREMONY AS A GRADUATE .26
325325 (c)
326326 (f) "Tribal regalia" means a tribe's traditional dress or27
327327 HB24-1070
328328 -10- recognized objects of religious or cultural significance and includes the1
329329 following items of cultural significance:2
330330 (I) Tribal symbols;3
331331 (II) Beads; and4
332332 (III) Feathers, in line with the "Migratory Bird Treaty Act of5
333333 1918".6
334334 (d) (g) "Tribe" means a tribe, band, nation, or Alaskan Native7
335335 village that is recognized by federal law or that a state formally8
336336 acknowledges.9
337337 (2) A
338338 STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR10
339339 RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S11
340340 GRADUATION CEREMONY .12
341341 (2)
342342 (3) A qualifying student may wear tribal regalia during a THE13
343343 QUALIFYING STUDENT'S graduation ceremony; except that a qualifying14
344344 student who is not an enrolled member of a tribe shall not wear eagle15
345345 feathers. Wearing tribal regalia includes decorating graduation attire with16
346346 tribal regalia; except that a qualifying student who is not an enrolled17
347347 member of a tribe shall not decorate with eagle feathers.18
348348 (3) (4) (a) An immediate family member of a qualifying student19
349349 may wear and display tribal regalia during the qualifying student's20
350350 graduation ceremony if the immediate family member is:21
351351 (I) An enrolled member of a tribe;22
352352 (II) Eligible to be enrolled as a member of a tribe; or23
353353 (III) A lineal descendant of a tribally enrolled parent or24
354354 grandparent.25
355355 (b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this26
356356 section, an immediate family member who is not an enrolled member of27
357357 HB24-1070
358358 -11- a tribe shall not wear eagle feathers.1
359359 (4) (5) A preschool shall not prohibit a qualifying student or the2
360360 qualifying student's immediate family from wearing and displaying tribal3
361361 regalia at a graduation ceremony.4
362362 (6) A
363363 PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A5
364364 STUDENT MAY WEAR UNDER THE STUDENT 'S REQUIRED GRADUATION6
365365 ATTIRE.7
366366 (7) (a) T
367367 HIS SECTION DOES NOT LIMIT A PRESCHOOL'S ABILITY TO8
368368 PROHIBIT AN ITEM THAT IS LIKELY TO CAUSE A SUBSTANTIAL DISRUPTION9
369369 OF, OR MATERIAL INTERFERENCE WITH , THE GRADUATION CEREMONY .10
370370 (b) A
371371 PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO11
372372 SUBSECTION (7)(a) OF THIS SECTION MUST BE:12
373373 (I) B
374374 ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON13
375375 AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND14
376376 (II) B
377377 Y THE LEAST RESTRICTIVE MEANS NECESSARY .15
378378 (8) O
379379 N OR BEFORE AUGUST 1, 2024, A PRESCHOOL IN A PUBLIC16
380380 SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD OF17
381381 COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY THAT18
382382 ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .19
383383 (5)
384384 (9) This section applies to all preschool graduations.20
385385 SECTION 7. Safety clause. The general assembly finds,21
386386 determines, and declares that this act is necessary for the immediate22
387387 preservation of the public peace, health, or safety or for appropriations for23
388388 the support and maintenance of the departments of the state and state24
389389 institutions.25
390390 HB24-1070
391391 -12-