Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-1030.01 Chelsea Princell x4335
HOUSE BILL 24-1323
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 objects of cultural or religious significance as
an adornment at a graduation ceremony.
The bill prohibits a preschool, public 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,
SENATE 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. The bill allows a preschool, public school, or public college or
university to prohibit a student from wearing or displaying an adornment
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, public school, and public college or university to develop and
adopt a policy that aligns with the requirements of the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 22-1-142.5 as2
follows:3
22-1-142.5. Wearing cultural or religious objects at public4
school graduation ceremonies - definitions. (1) A
S USED IN THIS5
SECTION, UNLESS 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 ONLY A PROTECTED CLASS11
BASED ON DISABILITY, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL12
ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY13
COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.14
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS15
DEFINED IN SECTION 22-1-142, INCITEMENT, DEFAMATION, FRAUD,16
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.17
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC SCHOOL,18
SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF19
COOPERATIVE SERVICES REQUIRES A STUDENT TO WEAR AS PART OF THE20
HB24-1323-2- DRESS CODE FOR A GRADUATION CEREMONY .1
(d) "P
UBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT2
CHARTER SCHOOL, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A3
BOARD OF COOPERATIVE SERVICES ; AN INSTITUTE CHARTER SCHOOL; OR4
THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND .5
(e) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE6
GRADUATION CEREMONY AS A GRADUATE .7
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR8
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S9
GRADUATION CEREMONY .10
(3) A
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL11
INSTITUTE, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE12
RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT 'S13
REQUIRED GRADUATION ATTIRE .14
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC SCHOOL'S, SCHOOL15
DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE16
SERVICES' ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE17
SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE18
GRADUATION CEREMONY .19
(b) A
PROHIBITION IMPOSED BY A PUBLIC SCHOOL , SCHOOL20
DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE21
SERVICES PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:22
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON23
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND24
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .25
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A26
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR27
HB24-1323
-3- BOARD OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY1
THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .2
(6) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,3
INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, ELEMENTARY SCHOOL,4
MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS.5
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN6
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC SCHOOL7
GRADUATION, AS DESCRIBED IN SECTION 22-1-142.8
SECTION 2. In Colorado Revised Statutes, 22-2-117, amend9
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:10
22-2-117. Additional power - state board - waiver of11
requirements - rules. (1) (b) The state board shall not waive any of the12
requirements specified in any of the following statutory provisions:13
(IX) Any provisions of section 22-1-128 relating to14
comprehensive human sexuality education content requirements; or
15
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),16
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)17
relating to discrimination based on hair texture, hair type, or a protective18
hairstyle that is commonly or historically associated with race;
OR19
(XI) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT20
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.21
SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend22
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:23
22-30.5-104. Charter school - requirements - authority - rules24
- definitions. (6) (c) A school district, on behalf of a charter school, may25
apply to the state board for a waiver of a state statute or state rule that is26
not an automatic waiver. Notwithstanding any provision of this27
HB24-1323
-4- subsection (6) to the contrary, the state board may not waive any statute1
or rule relating to:2
(VIII) Section 22-33-106.1 concerning suspension and expulsion3
of students in preschool through second grade; or4
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)5
and 22-63-206 (1) relating to discrimination based on hair texture, hair6
type, or a protective hairstyle that is commonly or historically associated7
with race;
OR8
(X) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT9
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.10
SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend11
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:12
22-30.5-507. Institute charter school - requirements -13
authority - rules - definitions. (7) (b) An institute charter school may14
apply to the state board, through the institute, for a waiver of state statutes15
and state rules that are not automatic waivers. The state board may waive16
state statutory requirements or rules promulgated by the state board;17
except that the state board may not waive any statute or rule relating to:18
(VIII) Section 22-33-106.1 concerning suspension and expulsion19
of students in preschool through second grade; or
20
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)21
and 22-63-206 (1) relating to discrimination based on hair texture, hair22
type, or a protective hairstyle that is commonly or historically associated23
with race;
OR24
(X) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT25
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.26
SECTION 5. In Colorado Revised Statutes, add 23-1-137.7 as27
HB24-1323
-5- follows:1
23-1-137.7. Wearing cultural or religious objects at college2
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,3
UNLESS THE CONTEXT OTHERWISE REQUIRES :4
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN5
WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO6
DECORATING GRADUATION CAPS .7
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION8
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS9
BASED ON DISABILITY, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL10
ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY11
COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.12
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS13
DEFINED IN SECTION 23-1-137.5, INCITEMENT, DEFAMATION, FRAUD,14
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.15
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC16
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS17
PART OF THE DRESS CODE FOR A GRADUATION CEREMONY .18
(d) "P
UBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC19
COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,20
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE21
THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY .22
(e) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE23
GRADUATION CEREMONY AS A GRADUATE .24
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR25
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S26
GRADUATION CEREMONY .27
HB24-1323
-6- (3) A PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT1
IMPOSE RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE2
STUDENT'S REQUIRED GRADUATION ATTIRE .3
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF4
HIGHER EDUCATION'S ABILITY TO PROHIBIT AN ADORNMENT THAT IS5
LIKELY TO CAUSE A SUBSTANTIAL DISRUPTION OF , OR MATERIAL6
INTERFERENCE WITH, THE GRADUATION CEREMONY .7
(b) A
PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER8
EDUCATION PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:9
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON10
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND11
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .12
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A13
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT14
A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .15
(6) T
HIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER16
EDUCATION GRADUATIONS .17
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN18
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC INSTITUTION OF19
HIGHER EDUCATION'S GRADUATION, AS DESCRIBED IN SECTION 23-1-137.5.20
SECTION 6. In Colorado Revised Statutes, add 26.5-1-115 as21
follows:22
26.5-1-115. Wearing cultural or religious objects at preschool23
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,24
UNLESS THE CONTEXT OTHERWISE REQUIRES :25
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN26
WITH, BUT NOT REPLACING, GRADUATION ATTIRE, AND IS NOT LIMITED TO27
HB24-1323
-7- DECORATING GRADUATION CAPS .1
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION2
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS3
BASED ON DISABILITY, RACE, CREED, ETHNICITY, COLOR, SEX, SEXUAL4
ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY5
COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.6
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS7
DEFINED IN SECTION 26.5-1-114, INCITEMENT, DEFAMATION, FRAUD,8
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.9
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL10
REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A11
GRADUATION CEREMONY .12
(d) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE13
GRADUATION CEREMONY AS A GRADUATE .14
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR15
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S16
GRADUATION CEREMONY .17
(3) A
PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A18
STUDENT MAY WEAR UNDER THE STUDENT 'S REQUIRED GRADUATION19
ATTIRE.20
(4) (a) T
HIS SECTION DOES NOT LIMIT A PRESCHOOL'S ABILITY TO21
PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE A SUBSTANTIAL22
DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE GRADUATION23
CEREMONY.24
(b) A
PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO25
SUBSECTION (4)(a) OF THIS SECTION MUST BE:26
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON27
HB24-1323
-8- AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND1
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .2
(5) O
N OR BEFORE AUGUST 1, 2024, A PUBLIC PRESCHOOL3
PROVIDER AS DEFINED IN SECTION 26.5-5-303 SHALL DEVELOP AND ADOPT4
A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .5
(6) T
HIS SECTION APPLIES TO A GRADUATION HELD BY A PUBLIC6
PRESCHOOL PROVIDER AS DEFINED IN SECTION 26.5-5-303.7
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN8
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC PRESCHOOL9
GRADUATION, AS DESCRIBED IN SECTION 26.5-1-114.10
SECTION 7. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
HB24-1323
-9-