Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0015.01 Chelsea Princell x4335
HOUSE BILL 24-1070
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING THE MANNER OF DRESS DURING SCHOOL GRADUATION101
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 allows a preschool, public school, or public college or
university student to wear and display religious or cultural regalia at a
graduation ceremony.
The bill prohibits a preschool, school, or public college or
university from restricting what a student may wear under the student's
required graduation attire.
HOUSE SPONSORSHIP
Velasco and Hernandez, Duran, Garcia, Brown, deGruy Kennedy, Hamrick, Jodeh,
Weissman, Woodrow, Young
SENATE SPONSORSHIP
Fields, Cutter
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. The bill allows a preschool, school, or public college or university
to prohibit a student from wearing or displaying an item that is likely to
cause substantial disruption of, or material interference with, a graduation
ceremony, but the prohibition must be the least restrictive means
necessary to accomplish a specifically identified important government
interest.
Prior to the start of the 2024-25 school year, the bill requires a
preschool, school, and public college or university to develop and adopt
a policy that aligns with the requirements of this bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 22-1-142 as2
follows:3
22-1-142. Tribal, cultural, or religious regalia at school4
graduation ceremonies - definitions. (1) As used in this section, unless5
the context otherwise requires:6
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN7
WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO8
DECORATING GRADUATION CAPS .9
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION10
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS11
BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,12
GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,13
AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT14
INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,15
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.16
(a)
(c) "Graduation attire" means attire that a PUBLIC school, or17
school district,
CHARTER SCHOOL INSTITUTE, OR BOARD OF COOPERATIVE18
SERVICES requires a student to wear as part of the dress code for a19
graduation ceremony.20
HB24-1070-2- (d) "PUBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT1
CHARTER SCHOOL, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A2
BOARD OF COOPERATIVE SERVICES ; OR AN INSTITUTE CHARTER SCHOOL.3
(b) (e) "Qualifying student" means a student who is a descendant4
of people who were living in North America prior to the time people from5
Europe began settling in North America, is an enrolled member of a6
federally recognized or state-recognized Indian tribe, or is a lineal7
descendant of a tribally enrolled parent or grandparent.8
(f) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE9
GRADUATION CEREMONY AS A GRADUATE .10
(c)
(g) "Tribal regalia" means a tribe's traditional dress or11
recognized objects of religious or cultural significance and includes the12
following items of cultural significance:13
(I) Tribal symbols;14
(II) Beads; and15
(III) Feathers, in line with the federal "Migratory Bird Treaty Act16
of 1918".17
(d) (h) "Tribe" means a tribe, band, nation, or Alaskan Native18
village that is recognized by federal law or that a state formally19
acknowledges.20
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR21
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S22
GRADUATION CEREMONY .23
(2)
(3) A qualifying student may wear tribal regalia during a THE24
QUALIFYING STUDENT'S graduation ceremony; except that a qualifying25
student who is not an enrolled member of a tribe shall not wear eagle26
feathers. Wearing tribal regalia includes decorating graduation attire with27
HB24-1070
-3- tribal regalia; except that a qualifying student who is not an enrolled1
member of a tribe shall not decorate with eagle feathers.2
(3) (4) (a) An immediate family member of a qualifying student3
may wear and display tribal regalia during the qualifying student's4
graduation ceremony if the immediate family member is:5
(I) An enrolled member of a tribe;6
(II) Eligible to be enrolled as a member of a tribe; or7
(III) A lineal descendant of a tribally enrolled parent or8
grandparent.9
(b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this10
section, an immediate family member who is not an enrolled member of11
a tribe shall not wear eagle feathers.12
(4) (5) A PUBLIC school, or school district, CHARTER SCHOOL13
INSTITUTE, OR BOARD OF COOPERATIVE SERVICES shall not prohibit a14
qualifying student or the qualifying student's immediate family from15
wearing and displaying tribal regalia at a graduation ceremony.16
(6) A
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL17
INSTITUTE, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE18
RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT 'S19
REQUIRED GRADUATION ATTIRE .20
(7) (a) T
HIS SECTION DOES NOT LIMIT A SCHOOL 'S, SCHOOL21
DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE22
SERVICES' ABILITY TO PROHIBIT AN ITEM THAT IS LIKELY TO CAUSE23
SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE24
GRADUATION CEREMONY .25
(b) A
PROHIBITION IMPOSED BY A PUBLIC SCHOOL , OR SCHOOL26
DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE27
HB24-1070
-4- SERVICES PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE:1
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON2
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND3
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .4
(8) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A5
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR6
BOARD OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY7
THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .8
(5)
(9) This section applies to all public school graduations,9
including, but not limited to, kindergarten, middle school, junior high10
school, and high school graduations.11
SECTION 2. In Colorado Revised Statutes, 22-2-117, amend12
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:13
22-2-117. Additional power - state board - waiver of14
requirements - rules. (1) (b) The state board shall not waive any of the15
requirements specified in any of the following statutory provisions:16
(IX) Any provisions of section 22-1-128 relating to17
comprehensive human sexuality education content requirements; or18
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),19
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)20
relating to discrimination based on hair texture, hair type, or a protective21
hairstyle that is commonly or historically associated with race;
OR22
(XI) T
HE WEARING OF TRIBAL REGALIA OR CULTURAL OR23
RELIGIOUS OBJECTS AT SCHOOL GRADUATION CEREMONIES PURSUANT TO24
SECTION 22-1-142.25
SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend26
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:27
HB24-1070
-5- 22-30.5-104. Charter school - requirements - authority - rules1
- definitions. (6) (c) A school district, on behalf of a charter school, may2
apply to the state board for a waiver of a state statute or state rule that is3
not an automatic waiver. Notwithstanding any provision of this4
subsection (6) to the contrary, the state board may not waive any statute5
or rule relating to:6
(VIII) Section 22-33-106.1 concerning suspension and expulsion7
of students in preschool through second grade; or8
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)9
and 22-63-206 (1) relating to discrimination based on hair texture, hair10
type, or a protective hairstyle that is commonly or historically associated11
with race;
OR12
(X) T
HE WEARING OF TRIBAL REGALIA OR CULTURAL OR RELIGIOUS13
OBJECTS AT SCHOOL GRADUATION CEREMONIES PURS UANT TO SECTION14
22-1-142.15
SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend16
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:17
22-30.5-507. Institute charter school - requirements -18
authority - rules - definitions. (7) (b) An institute charter school may19
apply to the state board, through the institute, for a waiver of state statutes20
and state rules that are not automatic waivers. The state board may waive21
state statutory requirements or rules promulgated by the state board;22
except that the state board may not waive any statute or rule relating to:23
(VIII) Section 22-33-106.1 concerning suspension and expulsion24
of students in preschool through second grade; or
25
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)26
and 22-63-206 (1) relating to discrimination based on hair texture, hair27
HB24-1070
-6- type, or a protective hairstyle that is commonly or historically associated1
with race;
OR2
(X) T
HE WEARING OF TRIBAL REGALIA OR CULTURAL OR RELIGIOUS3
OBJECTS AT SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION4
22-1-142.5
SECTION 5. In Colorado Revised Statutes, amend 23-1-137.56
as follows:7
23-1-137.5. Tribal, cultural, or religious regalia at college8
graduation ceremonies - definitions. (1) As used in this section, unless9
the context otherwise requires:10
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN11
WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO12
DECORATING GRADUATION CAPS .13
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION14
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS15
BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,16
GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,17
AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT18
INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,19
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.20
(a)
(c) "Graduation attire" means attire that a public institution of21
higher education requires a student to wear as part of the dress code for22
a graduation ceremony.23
(b) (d) "Public institution of higher education" means a public24
college, university, community college, area technical college,25
educational center, local district college, or junior college that is26
supported in whole or in part by general fund money.27
HB24-1070
-7- (c) (e) "Qualifying student" means a student that is a descendant1
of people who were living in North America prior to the time people from2
Europe began settling in North America, is an enrolled member of a3
federally recognized or state-recognized Indian tribe, or is a lineal4
descendant of a tribally enrolled parent or grandparent.5
(f) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE6
GRADUATION CEREMONY AS A GRADUATE .7
(d)
(g) "Tribal regalia" means a tribe's traditional dress or8
recognized objects of religious or cultural significance and includes the9
following items of cultural significance:10
(I) Tribal symbols;11
(II) Beads; and12
(III) Feathers, in line with the "Migratory Bird Treaty Act of13
1918".14
(h) "Tribe" means a tribe, band, nation, or Alaskan Native village15
that is recognized by federal law or that a state formally acknowledges.16
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR17
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S18
GRADUATION CEREMONY .19
(2)
(3) A qualifying student may wear and display tribal regalia20
during a THE QUALIFYING STUDENT'S graduation ceremony; except that a21
qualifying student who is not an enrolled member of a tribe shall not wear22
eagle feathers. Wearing tribal regalia includes decorating graduation attire23
with tribal regalia; except that a qualifying student who is not an enrolled24
member of a tribe shall not decorate with eagle feathers.25
(3) (4) (a) An immediate family member of a qualifying student26
may wear and display tribal regalia during the qualifying student's27
HB24-1070
-8- graduation ceremony if the immediate family member is:1
(I) An enrolled member of a tribe;2
(II) Eligible to be enrolled as a member of a tribe; or3
(III) A lineal descendant of a tribally enrolled parent or4
grandparent.5
(b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this6
section, an immediate family member who is not an enrolled member of7
a tribe shall not wear eagle feathers.8
(4) (5) A public institution of higher education shall not prohibit9
a qualifying student or immediate family member of the qualifying10
student from wearing and displaying tribal regalia at a graduation11
ceremony.12
(6) A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT13
IMPOSE RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE14
STUDENT'S REQUIRED GRADUATION ATTIRE .15
(7) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF16
HIGHER EDUCATION'S ABILITY TO PROHIBIT AN ITEM THAT IS LIKELY TO17
CAUSE A SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH,18
THE GRADUATION CEREMONY .19
(b) A
PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER20
EDUCATION PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION MUST BE:21
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON22
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND23
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .24
(8) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A25
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT26
A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .27
HB24-1070
-9- (9) THIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER1
EDUCATION GRADUATIONS .2
SECTION 6. In Colorado Revised Statutes, amend 26.5-1-1143
as follows:4
26.5-1-114. Tribal, cultural, or religious regalia at preschool5
graduation ceremonies - definitions. (1) As used in this section, unless6
the context otherwise requires:7
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN8
WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO9
DECORATING GRADUATION CAPS .10
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION11
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES A PROTECTED CLASS12
BASED ON DISABILITY, RACE, CREED, COLOR, SEX, SEXUAL ORIENTATION,13
GENDER IDENTITY, GENDER EXPRESSION, FAMILY COMPOSITION, RELIGION,14
AGE, NATIONAL ORIGIN, OR ANCESTRY. THE DEFINITION DOES NOT15
INCLUDE ITEMS RELATED TO INCITEMENT , DEFAMATION, FRAUD,16
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.17
(a)
(c) "Graduation attire" means attire that a preschool requires18
a student to wear as part of the dress code for a graduation ceremony.19
(b) (d) "Qualifying student" means a student who is a descendant20
of people who were living in North America prior to the time people from21
Europe began settling in North America, is an enrolled member of a22
federally recognized or state-recognized Indian tribe, or is a lineal23
descendant of a tribally enrolled parent or grandparent.24
(e) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE25
GRADUATION CEREMONY AS A GRADUATE .26
(c)
(f) "Tribal regalia" means a tribe's traditional dress or27
HB24-1070
-10- recognized objects of religious or cultural significance and includes the1
following items of cultural significance:2
(I) Tribal symbols;3
(II) Beads; and4
(III) Feathers, in line with the "Migratory Bird Treaty Act of5
1918".6
(d) (g) "Tribe" means a tribe, band, nation, or Alaskan Native7
village that is recognized by federal law or that a state formally8
acknowledges.9
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR10
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S11
GRADUATION CEREMONY .12
(2)
(3) A qualifying student may wear tribal regalia during a THE13
QUALIFYING STUDENT'S graduation ceremony; except that a qualifying14
student who is not an enrolled member of a tribe shall not wear eagle15
feathers. Wearing tribal regalia includes decorating graduation attire with16
tribal regalia; except that a qualifying student who is not an enrolled17
member of a tribe shall not decorate with eagle feathers.18
(3) (4) (a) An immediate family member of a qualifying student19
may wear and display tribal regalia during the qualifying student's20
graduation ceremony if the immediate family member is:21
(I) An enrolled member of a tribe;22
(II) Eligible to be enrolled as a member of a tribe; or23
(III) A lineal descendant of a tribally enrolled parent or24
grandparent.25
(b) Notwithstanding subsection (3)(a) SUBSECTION (4)(a) of this26
section, an immediate family member who is not an enrolled member of27
HB24-1070
-11- a tribe shall not wear eagle feathers.1
(4) (5) A preschool shall not prohibit a qualifying student or the2
qualifying student's immediate family from wearing and displaying tribal3
regalia at a graduation ceremony.4
(6) A
PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A5
STUDENT MAY WEAR UNDER THE STUDENT 'S REQUIRED GRADUATION6
ATTIRE.7
(7) (a) T
HIS SECTION DOES NOT LIMIT A PRESCHOOL'S ABILITY TO8
PROHIBIT AN ITEM THAT IS LIKELY TO CAUSE A SUBSTANTIAL DISRUPTION9
OF, OR MATERIAL INTERFERENCE WITH , THE GRADUATION CEREMONY .10
(b) A
PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO11
SUBSECTION (7)(a) OF THIS SECTION MUST BE:12
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON13
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND14
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .15
(8) O
N OR BEFORE AUGUST 1, 2024, A PRESCHOOL IN A PUBLIC16
SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD OF17
COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY THAT18
ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .19
(5)
(9) This section applies to all preschool graduations.20
SECTION 7. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
HB24-1070
-12-