HOUSE BILL 24-1323
BY REPRESENTATIVE(S) Velasco and Hernandez, Amabile, Bacon,
Bird, Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, English,
Froelich, Garcia, Herod, Jodeh, Kipp, Lindsay, Lukens, Mabrey, Marvin,
McLachlan, Ortiz, Ricks, Rutinel, Sirota, Story, Titone, Vigil, Weissman,
Willford, Young, McCluskie, Hamrick, Lieder, McCormick;
also SENATOR(S) Fields, Bridges, Buckner, Coleman, Danielson, Exum,
Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
Michaelson Jenet, Mullica, Priola, Roberts, Fenberg.
C
ONCERNING THE MANNER OF DRESS DURING SCHOOL GRADUATION
CEREMONIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-1-142.5 as
follows:
22-1-142.5. Wearing cultural or religious objects at public school
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. WITH, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
ATTIRE
, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
BASED ON DISABILITY
, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL
ORIENTATION
, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
COMPOSITION
, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
DEFINED IN SECTION
22-1-142, INCITEMENT, DEFAMATION, FRAUD,
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC SCHOOL,
SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD OF COOPERATIVE
SERVICES REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR
A GRADUATION CEREMONY
.
(d) "P
UBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT
CHARTER SCHOOL
, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A BOARD
OF COOPERATIVE SERVICES
; AN INSTITUTE CHARTER SCHOOL ; OR THE
COLORADO SCHOOL FOR THE DEAF AND THE BLIND .
(e) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
GRADUATION CEREMONY AS A GRADUATE
.
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
'S
GRADUATION CEREMONY
. AN ADORNMENT WORN BY A STUDENT MUST
COMPLY WITH THE PUBLIC SCHOOL
'S, SCHOOL DISTRICT'S, CHARTER SCHOOL
INSTITUTE
'S, OR BOARD OF COOPERATIVE SERVICES' DRESS CODE POLICY, AS
LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
'S
GENDER EXPRESSION
, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
RELIGION, OR CULTURE.
(3) A
PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL
INSTITUTE
, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE
RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT
'S
REQUIRED GRADUATION ATTIRE BE YOND WHAT IS REQUIRED BY A PUBLIC
SCHOOL
'S, SCHOOL DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF
COOPERATIVE SERVICES
' DRESS CODE POLICY, AS LONG AS THE DRESS CODE
PAGE 2-HOUSE BILL 24-1323 POLICY DOES NOT INFRINGE UPON A STUDENT 'S GENDER EXPRESSION, AS
DEFINED IN SECTION
24-34-301, GENDER IDENTITY, RELIGION, OR CULTURE.
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC SCHOOL'S, SCHOOL
DISTRICT
'S, CHARTER SCHOOL INSTITUTE 'S, OR BOARD OF COOPERATIVE
SERVICES
' ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE
SUBSTANTIAL DISRUPTION OF
, OR MATERIAL INTERFERENCE WITH , THE
GRADUATION CEREMONY
.
(b) A
PROHIBITION IMPOSED BY A PUBLIC SCHOOL, SCHOOL DISTRICT,
CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE SERVICES
PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION MUST BE:
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
; AND
(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A
PUBLIC SCHOOL
, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD
OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY THAT
ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
.
(6) T
HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,
INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, ELEMENTARY SCHOOL,
MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS .
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC SCHOOL GRADUATION
,
AS DESCRIBED IN SECTION 22-1-142.
SECTION 2. In Colorado Revised Statutes, 22-2-117, amend
(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XII) as follows:
22-2-117. Additional power - state board - waiver of
requirements - rules. (1) (b) The state board shall not waive any of the
requirements specified in any of the following statutory provisions:
(IX) Any provisions of section 22-1-128 relating to comprehensive
human sexuality education content requirements; or
PAGE 3-HOUSE BILL 24-1323 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),
22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)
relating to discrimination based on hair texture, hair type, or a protective
hairstyle that is commonly or historically associated with race;
OR
(XII) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
GRADUATION CEREMONIES PURSUANT TO SECTION
22-1-142.5.
SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend
(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(XI) as follows:
22-30.5-104. Charter school - requirements - authority - rules -
definitions. (6) (c) A school district, on behalf of a charter school, may
apply to the state board for a waiver of a state statute or state rule that is not
an automatic waiver. Notwithstanding any provision of this subsection (6)
to the contrary, the state board may not waive any statute or rule relating to:
(VIII) Section 22-33-106.1 concerning suspension and expulsion of
students in preschool through second grade; or
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
22-63-206 (1) relating to discrimination based on hair texture, hair type, or
a protective hairstyle that is commonly or historically associated with race;
OR
(XI) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
GRADUATION CEREMONIES PURSUANT TO SECTION
22-1-142.5.
SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend
(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(XI) as follows:
22-30.5-507. Institute charter school - requirements - authority
- rules - definitions. (7) (b) An institute charter school may apply to the
state board, through the institute, for a waiver of state statutes and state
rules that are not automatic waivers. The state board may waive state
statutory requirements or rules promulgated by the state board; except that
the state board may not waive any statute or rule relating to:
(VIII) Section 22-33-106.1 concerning suspension and expulsion of
students in preschool through second grade; or
PAGE 4-HOUSE BILL 24-1323 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
22-63-206 (1) relating to discrimination based on hair texture, hair type, or
a protective hairstyle that is commonly or historically associated with race;
OR
(XI) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
GRADUATION CEREMONIES PURSUANT TO SECTION
22-1-142.5.
SECTION 5. In Colorado Revised Statutes, add 23-1-137.7 as
follows:
23-1-137.7. Wearing cultural or religious objects at college
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
WITH
, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
ATTIRE
, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
BASED ON DISABILITY
, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL
ORIENTATION
, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
COMPOSITION
, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
DEFINED IN SECTION
23-1-137.5, INCITEMENT, DEFAMATION, FRAUD,
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC
INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS PART
OF THE DRESS CODE FOR A GRADUATION CEREMONY
.
(d) "P
UBLIC INSTITUTION OF HIGHER EDUCATION " MEANS A PUBLIC
COLLEGE
, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,
EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE THAT
IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY
.
(e) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
GRADUATION CEREMONY AS A GRADUATE
.
PAGE 5-HOUSE BILL 24-1323 (2) A STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
'S
GRADUATION CEREMONY
. IF A PUBLIC INSTITUTION OF HIGHER EDUCATION
HAS A DRESS CODE POLICY
, AN ADORNMENT WORN BY A STUDENT MUST
COMPLY WITH THE PUBLIC INSTITUTION OF HIGHER EDUCATION
'S DRESS CODE
POLICY
, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A
STUDENT
'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301, GENDER
IDENTITY
, RELIGION, OR CULTURE.
(3) A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT IMPOSE
RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT
'S
REQUIRED GRADUATION ATTIRE BEYOND WHAT IS REQUIRED BY A PUBLIC
INSTITUTION OF HIGHER EDUCATION
'S DRESS CODE POLICY, AS LONG AS THE
DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
'S GENDER
EXPRESSION
, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
RELIGION, OR CULTURE.
(4) (a) T
HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF
HIGHER EDUCATION
'S ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY
TO CAUSE A SUBSTANTIAL DISRUPTION OF
, OR MATERIAL INTERFERENCE
WITH
, THE GRADUATION CEREMONY .
(b) A
PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER
EDUCATION PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION MUST BE:
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
; AND
(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
(5) O
N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A
PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT A
POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
.
(6) T
HIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER
EDUCATION GRADUATIONS
.
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC INSTITUTION OF HIGHER
EDUCATION
'S GRADUATION, AS DESCRIBED IN SECTION 23-1-137.5.
PAGE 6-HOUSE BILL 24-1323 SECTION 6. In Colorado Revised Statutes, add 26.5-1-116 as
follows:
26.5-1-116. Wearing cultural or religious objects at preschool
graduation ceremonies - definitions. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
WITH
, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
ATTIRE
, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
(b) "C
ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
BASED ON DISABILITY
, RACE, CREED, ETHNICITY, COLOR, SEX, SEXUAL
ORIENTATION
, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
COMPOSITION
, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
"C
ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
DEFINED IN SECTION
26.5-1-114, INCITEMENT, DEFAMATION, FRAUD,
OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
(c) "G
RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL
REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A
GRADUATION CEREMONY
.
(d) "S
TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
GRADUATION CEREMONY AS A GRADUATE
.
(2) A
STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
'S
GRADUATION CEREMONY
. AN ADORNMENT WORN BY A STUDENT MUST
COMPLY WITH THE PRESCHOOL
'S DRESS CODE POLICY, AS LONG AS THE DRESS
CODE POLICY DOES NOT INFRINGE UPON A STUDENT
'S GENDER EXPRESSION,
AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY, RELIGION, OR
CULTURE
.
(3) A
PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A
STUDENT MAY WEAR UNDER THE STUDENT
'S REQUIRED GRADUATION ATTIRE
BEYOND WHAT IS REQUIRED BY A PRESCHOOL
'S DRESS CODE POLICY, AS LONG
AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
'S GENDER
EXPRESSION
, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
PAGE 7-HOUSE BILL 24-1323 RELIGION, OR CULTURE.
(4) (a) T
HIS SECTION DOES NOT LIMIT A PRESCHOOL 'S ABILITY TO
PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE A SUBSTANTIAL
DISRUPTION OF
, OR MATERIAL INTERFERENCE WITH , THE GRADUATION
CEREMONY
.
(b) A
PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO
SUBSECTION
(4)(a) OF THIS SECTION MUST BE:
(I) B
ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
; AND
(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
(5) O
N OR BEFORE AUGUST 1, 2024, A PUBLIC PRESCHOOL PROVIDER
AS DEFINED IN SECTION
26.5-5-303 SHALL DEVELOP AND ADOPT A POLICY
THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
.
(6) T
HIS SECTION APPLIES TO A GRADUATION HELD BY A PUBLIC
PRESCHOOL PROVIDER AS DEFINED IN SECTION
26.5-5-303.
(7) T
HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC PRESCHOOL
GRADUATION
, AS DESCRIBED IN SECTION 26.5-1-114.
SECTION 7. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 8-HOUSE BILL 24-1323 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 24-1323