Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-1030.01 Chelsea Princell x4335
HOUSE BILL 24-1323
House Committees Senate Committees
Education 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.
SENATE
2nd Reading Unamended
April 11, 2024
HOUSE
3rd Reading Unamended
March 11, 2024
HOUSE
Amended 2nd Reading
March 8, 2024
HOUSE SPONSORSHIP
Velasco and Hernandez, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy
Kennedy, Duran, English, Froelich, Garcia, Herod, Jodeh, Kipp, Lindsay, Lukens, Mabrey,
Marvin, McCluskie, McLachlan, Ortiz, Ricks, Rutinel, Sirota, Story, Titone, Vigil,
Weissman, Willford, Young
SENATE SPONSORSHIP
Fields,
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 OR COVERING IN ITS ENTIRETY, GRADUATION8
ATTIRE, AND IS NOT LIMITED TO 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
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 .
AN ADORNMENT WORN BY A STUDENT MUST10
COMPLY WITH THE PUBLIC SCHOOL 'S, SCHOOL DISTRICT'S, CHARTER11
SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE SERVICES' DRESS CODE12
POLICY, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A13
STUDENT'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301,14
GENDER IDENTITY, RELIGION, OR CULTURE.15
(3) A
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL16
INSTITUTE, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE17
RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT 'S18
REQUIRED GRADUATION
ATTIRE BEYOND WHAT IS REQUIRED BY A PUBLIC19
SCHOOL'S, SCHOOL DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD20
OF COOPERATIVE SERVICES' DRESS CODE POLICY, AS LONG AS THE DRESS21
CODE POLICY DOES NOT INFRINGE UPON A STUDENT'S GENDER EXPRESSION,22
AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY, RELIGION, OR23
CULTURE.24
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC SCHOOL'S, SCHOOL25
DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE26
SERVICES' ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE27
1323
-3- SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE1
GRADUATION CEREMONY .2
(b) A
PROHIBITION IMPOSED BY A PUBLIC SCHOOL , SCHOOL3
DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE4
SERVICES PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:5
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON6
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND7
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .8
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A9
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR10
BOARD OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY11
THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .12
(6) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,13
INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, ELEMENTARY SCHOOL,14
MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS.15
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN16
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC SC HOOL17
GRADUATION, AS DESCRIBED IN SECTION 22-1-142.18
SECTION 2. In Colorado Revised Statutes, 22-2-117, amend19
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:20
22-2-117. Additional power - state board - waiver of21
requirements - rules. (1) (b) The state board shall not waive any of the22
requirements specified in any of the following statutory provisions:23
(IX) Any provisions of section 22-1-128 relating to24
comprehensive human sexuality education content requirements; or
25
(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),26
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)27
1323
-4- relating to discrimination based on hair texture, hair type, or a protective1
hairstyle that is commonly or historically associated with race;
OR2
(XI) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT3
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.4
SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend5
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:6
22-30.5-104. Charter school - requirements - authority - rules7
- definitions. (6) (c) A school district, on behalf of a charter school, may8
apply to the state board for a waiver of a state statute or state rule that is9
not an automatic waiver. Notwithstanding any provision of this10
subsection (6) to the contrary, the state board may not waive any statute11
or rule relating to:12
(VIII) Section 22-33-106.1 concerning suspension and expulsion13
of students in preschool through second grade; or
14
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)15
and 22-63-206 (1) relating to discrimination based on hair texture, hair16
type, or a protective hairstyle that is commonly or historically associated17
with race;
OR18
(X) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT19
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.20
SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend21
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:22
22-30.5-507. Institute charter school - requirements -23
authority - rules - definitions. (7) (b) An institute charter school may24
apply to the state board, through the institute, for a waiver of state statutes25
and state rules that are not automatic waivers. The state board may waive26
state statutory requirements or rules promulgated by the state board;27
1323
-5- except that the state board may not waive any statute or rule relating to:1
(VIII) Section 22-33-106.1 concerning suspension and expulsion2
of students in preschool through second grade; or3
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)4
and 22-63-206 (1) relating to discrimination based on hair texture, hair5
type, or a protective hairstyle that is commonly or historically associated6
with race;
OR7
(X) T
HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT8
SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.9
SECTION 5. In Colorado Revised Statutes, add 23-1-137.7 as10
follows:11
23-1-137.7. Wearing cultural or religious objects at college12
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,13
UNLESS THE CONTEXT OTHERWISE REQUIRES :14
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN15
WITH, BUT NOT
REPLACING OR COVERING IN ITS ENTIRETY, GRADUATION16
ATTIRE, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .17
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION18
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS19
BASED ON DISABILITY, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL20
ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY21
COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.22
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS23
DEFINED IN SECTION 23-1-137.5, INCITEMENT, DEFAMATION, FRAUD,24
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.25
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC26
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS27
1323
-6- PART OF THE DRESS CODE FOR A GRADUATION CEREMONY .1
(d) "P
UBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC2
COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,3
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE4
THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY .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 INSTITUTION OF HIGHER EDUCATION SHALL NOT11
IMPOSE RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE12
STUDENT'S REQUIRED GRADUATION ATTIRE .13
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF14
HIGHER EDUCATION'S ABILITY TO PROHIBIT AN ADORNMENT THAT IS15
LIKELY TO CAUSE A SUBSTANTIAL DISRUPTION OF , OR MATERIAL16
INTERFERENCE WITH, THE GRADUATION CEREMONY .17
(b) A
PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER18
EDUCATION PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:19
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON20
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND21
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .22
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A23
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT24
A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .25
(6) T
HIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER26
EDUCATION GRADUATIONS .27
1323
-7- (7) THIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN1
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC INSTITUTION OF2
HIGHER EDUCATION'S GRADUATION, AS DESCRIBED IN SECTION 23-1-137.5.3
SECTION 6. In Colorado Revised Statutes, add 26.5-1-115 as4
follows:5
26.5-1-115. Wearing cultural or religious objects at preschool6
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,7
UNLESS THE CONTEXT OTHERWISE REQUIRES :8
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN9
WITH, BUT NOT
REPLACING OR COVERING IN ITS ENTIRETY, GRADUATION10
ATTIRE, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .11
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION12
OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS13
BASED ON DISABILITY, RACE, CREED, ETHNICITY, COLOR, SEX, SEXUAL14
ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY15
COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.16
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS17
DEFINED IN SECTION 26.5-1-114, INCITEMENT, DEFAMATION, FRAUD,18
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.19
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL20
REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A21
GRADUATION CEREMONY .22
(d) "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 .
AN ADORNMENT WORN BY A STUDENT MUST27
1323
-8- COMPLY WITH THE PRESCHOOL'S DRESS CODE POLICY, AS LONG AS THE1
DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT'S GENDER2
EXPRESSION, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,3
RELIGION, OR CULTURE.4
(3) A
PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A5
STUDENT MAY WEAR UNDER THE STUDENT 'S REQUIRED GRADUATION6 ATTIRE BEYOND WHAT IS REQUIRED BY A PRESCHOOL 'S DRESS CODE7
POLICY, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A8
STUDENT'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301,9
GENDER IDENTITY, RELIGION, OR CULTURE.10
(4) (a) T
HIS SECTION DOES NOT LIMIT A PRESCHOOL'S ABILITY TO11
PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE A SUBSTANTIAL12
DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE GRADUATION13
CEREMONY.14
(b) A
PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO15
SUBSECTION (4)(a) OF THIS SECTION MUST BE:16
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON17
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND18
(II) B
Y THE LEAST RESTRICTIVE MEANS NECESSARY .19
(5) O
N OR BEFORE AUGUST 1, 2024, A PUBLIC PRESCHOOL20
PROVIDER AS DEFINED IN SECTION 26.5-5-303 SHALL DEVELOP AND ADOPT21
A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .22
(6) T
HIS SECTION APPLIES TO A GRADUATION HELD BY A PUBLIC23
PRESCHOOL PROVIDER AS DEFINED IN SECTION 26.5-5-303.24
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN25
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC PRESCHOOL26
GRADUATION, AS DESCRIBED IN SECTION 26.5-1-114.27
1323
-9- SECTION 7. Safety clause. The general assembly finds,1
determines, and declares that this act is necessary for the immediate2
preservation of the public peace, health, or safety or for appropriations for3
the support and maintenance of the departments of the state and state4
institutions.5
1323
-10-