Colorado 2024 Regular Session

Colorado House Bill HB1323 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-1030.01 Chelsea Princell x4335
18 HOUSE BILL 24-1323
2-BY REPRESENTATIVE(S) Velasco and Hernandez, Amabile, Bacon,
3-Bird, Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, English,
4-Froelich, Garcia, Herod, Jodeh, Kipp, Lindsay, Lukens, Mabrey, Marvin,
5-McLachlan, Ortiz, Ricks, Rutinel, Sirota, Story, Titone, Vigil, Weissman,
6-Willford, Young, McCluskie, Hamrick, Lieder, McCormick;
7-also SENATOR(S) Fields, Bridges, Buckner, Coleman, Danielson, Exum,
8-Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
9-Michaelson Jenet, Mullica, Priola, Roberts, Fenberg.
9+House Committees Senate Committees
10+Education Education
11+A BILL FOR AN ACT
1012 C
11-ONCERNING THE MANNER OF DRESS DURING SCHOOL GRADUATION
12-CEREMONIES
13-.
14-
15-Be it enacted by the General Assembly of the State of Colorado:
16-SECTION 1. In Colorado Revised Statutes, add 22-1-142.5 as
17-follows:
18-22-1-142.5. Wearing cultural or religious objects at public school
13+ONCERNING THE MANNER OF DRESS DURING SCHOOL GRADUATION101
14+CEREMONIES.102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill allows a preschool, public school, or public college or
23+university student to wear objects of cultural or religious significance as
24+an adornment at a graduation ceremony.
25+The bill prohibits a preschool, public school, or public college or
26+university from restricting what a student may wear under the student's
27+required graduation attire.
28+SENATE
29+Amended 3rd Reading
30+April 12, 2024
31+SENATE
32+2nd Reading Unamended
33+April 11, 2024
34+HOUSE
35+3rd Reading Unamended
36+March 11, 2024
37+HOUSE
38+Amended 2nd Reading
39+March 8, 2024
40+HOUSE SPONSORSHIP
41+Velasco and Hernandez, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy
42+Kennedy, Duran, English, Froelich, Garcia, Herod, Jodeh, Kipp, Lindsay, Lukens, Mabrey,
43+Marvin, McCluskie, McLachlan, Ortiz, Ricks, Rutinel, Sirota, Story, Titone, Vigil,
44+Weissman, Willford, Young
45+SENATE SPONSORSHIP
46+Fields, Bridges, Buckner, Coleman, Danielson, Exum, Fenberg, Ginal, Gonzales, Hansen,
47+Hinrichsen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Priola, Roberts
48+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
49+Capital letters or bold & italic numbers indicate new material to be added to existing law.
50+Dashes through the words or numbers indicate deletions from existing law. The bill allows a preschool, public school, or public college or
51+university to prohibit a student from wearing or displaying an adornment
52+that is likely to cause substantial disruption of, or material interference
53+with, a graduation ceremony, but the prohibition must be the least
54+restrictive means necessary to accomplish a specifically identified
55+important government interest.
56+Prior to the start of the 2024-25 school year, the bill requires a
57+preschool, public school, and public college or university to develop and
58+adopt a policy that aligns with the requirements of the bill.
59+Be it enacted by the General Assembly of the State of Colorado:1
60+SECTION 1. In Colorado Revised Statutes, add 22-1-142.5 as2
61+follows:3
62+22-1-142.5. Wearing cultural or religious objects at public4
63+school graduation ceremonies - definitions. (1) A
64+S USED IN THIS5
65+SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6
66+(a) "A
67+DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN7
68+WITH, BUT NOT
69+REPLACING OR COVERING IN ITS ENTIRETY, GRADUATION8
70+ATTIRE, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .9
71+(b) "C
72+ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION10
73+OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS11
74+BASED ON DISABILITY, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL12
75+ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY13
76+COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.14
77+"C
78+ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS15
79+DEFINED IN SECTION 22-1-142, INCITEMENT, DEFAMATION, FRAUD,16
80+OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.17
81+(c) "G
82+RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC SCHOOL,18
83+SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF19
84+COOPERATIVE SERVICES REQUIRES A STUDENT TO WEAR AS PART OF THE20
85+1323-2- DRESS CODE FOR A GRADUATION CEREMONY .1
86+(d) "P
87+UBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT2
88+CHARTER SCHOOL, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A3
89+BOARD OF COOPERATIVE SERVICES ; AN INSTITUTE CHARTER SCHOOL; OR4
90+THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND .5
91+(e) "S
92+TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE6
93+GRADUATION CEREMONY AS A GRADUATE .7
94+(2) A
95+ STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR8
96+RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S9
97+GRADUATION CEREMONY .
98+AN ADORNMENT WORN BY A STUDENT MUST10
99+COMPLY WITH THE PUBLIC SCHOOL 'S, SCHOOL DISTRICT'S, CHARTER11
100+SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE SERVICES' DRESS CODE12
101+POLICY, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A13
102+STUDENT'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301,14
103+GENDER IDENTITY, RELIGION, OR CULTURE.15
104+(3) A
105+ PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL16
106+INSTITUTE, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE17
107+RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT 'S18
108+REQUIRED GRADUATION
109+ATTIRE BEYOND WHAT IS REQUIRED BY A PUBLIC19
110+SCHOOL'S, SCHOOL DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD20
111+OF COOPERATIVE SERVICES' DRESS CODE POLICY, AS LONG AS THE DRESS21
112+CODE POLICY DOES NOT INFRINGE UPON A STUDENT'S GENDER EXPRESSION,22
113+AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY, RELIGION, OR23
114+CULTURE.24
115+(4) (a) T
116+HIS SECTION DOES NOT LIMIT A PUBLIC SCHOOL'S, SCHOOL25
117+DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF COOPERATIVE26
118+SERVICES' ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE27
119+1323
120+-3- SUBSTANTIAL DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE1
121+GRADUATION CEREMONY .2
122+(b) A
123+ PROHIBITION IMPOSED BY A PUBLIC SCHOOL , SCHOOL3
124+DISTRICT, CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE4
125+SERVICES PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:5
126+(I) B
127+ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON6
128+AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND7
129+(II) B
130+Y THE LEAST RESTRICTIVE MEANS NECESSARY .8
131+(5) O
132+N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A9
133+PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE , OR10
134+BOARD OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY11
135+THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .12
136+(6) T
137+HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,13
138+INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, ELEMENTARY SCHOOL,14
139+MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS.15
140+(7) T
141+HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN16
142+INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC SC HOOL17
143+GRADUATION, AS DESCRIBED IN SECTION 22-1-142.18
144+SECTION 2. In Colorado Revised Statutes, 22-2-117, amend19
145+(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XI) as follows:20
146+22-2-117. Additional power - state board - waiver of21
147+requirements - rules. (1) (b) The state board shall not waive any of the22
148+requirements specified in any of the following statutory provisions:23
149+(IX) Any provisions of section 22-1-128 relating to24
150+comprehensive human sexuality education content requirements; or
151+25
152+(X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),26
153+22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)27
154+1323
155+-4- relating to discrimination based on hair texture, hair type, or a protective1
156+hairstyle that is commonly or historically associated with race;
157+OR2
158+(XI) T
159+HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT3
160+SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.4
161+SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend5
162+(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(X) as follows:6
163+22-30.5-104. Charter school - requirements - authority - rules7
164+- definitions. (6) (c) A school district, on behalf of a charter school, may8
165+apply to the state board for a waiver of a state statute or state rule that is9
166+not an automatic waiver. Notwithstanding any provision of this10
167+subsection (6) to the contrary, the state board may not waive any statute11
168+or rule relating to:12
169+(VIII) Section 22-33-106.1 concerning suspension and expulsion13
170+of students in preschool through second grade; or
171+14
172+(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)15
173+and 22-63-206 (1) relating to discrimination based on hair texture, hair16
174+type, or a protective hairstyle that is commonly or historically associated17
175+with race;
176+OR18
177+(X) T
178+HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT19
179+SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.20
180+SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend21
181+(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(X) as follows:22
182+22-30.5-507. Institute charter school - requirements -23
183+authority - rules - definitions. (7) (b) An institute charter school may24
184+apply to the state board, through the institute, for a waiver of state statutes25
185+and state rules that are not automatic waivers. The state board may waive26
186+state statutory requirements or rules promulgated by the state board;27
187+1323
188+-5- except that the state board may not waive any statute or rule relating to:1
189+(VIII) Section 22-33-106.1 concerning suspension and expulsion2
190+of students in preschool through second grade; or3
191+(IX) Subsection (3) of this section and sections 22-32-110 (1)(k)4
192+and 22-63-206 (1) relating to discrimination based on hair texture, hair5
193+type, or a protective hairstyle that is commonly or historically associated6
194+with race;
195+OR7
196+(X) T
197+HE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT8
198+SCHOOL GRADUATION CEREMONIES PURSUANT TO SECTION 22-1-142.5.9
199+SECTION 5. In Colorado Revised Statutes, add 23-1-137.7 as10
200+follows:11
201+23-1-137.7. Wearing cultural or religious objects at college12
19202 graduation ceremonies - definitions. (1) A
20-S USED IN THIS SECTION,
21-UNLESS THE CONTEXT OTHERWISE REQUIRES :
203+S USED IN THIS SECTION,13
204+UNLESS THE CONTEXT OTHERWISE REQUIRES :14
22205 (a) "A
23-DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. WITH, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
32-ATTIRE
33-, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
206+DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN15
207+WITH, BUT NOT
208+REPLACING OR COVERING IN ITS ENTIRETY, GRADUATION16
209+ATTIRE, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .17
34210 (b) "C
35-ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
36-A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
37-BASED ON DISABILITY
38-, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL
39-ORIENTATION
40-, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
41-COMPOSITION
42-, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
211+ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION18
212+OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS19
213+BASED ON DISABILITY, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL20
214+ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY21
215+COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.22
43216 "C
44-ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
45-DEFINED IN SECTION
46-22-1-142, INCITEMENT, DEFAMATION, FRAUD,
47-OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
217+ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS23
218+DEFINED IN SECTION 23-1-137.5, INCITEMENT, DEFAMATION, FRAUD,24
219+OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.25
48220 (c) "G
49-RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC SCHOOL,
50-SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD OF COOPERATIVE
51-SERVICES REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR
52-A GRADUATION CEREMONY
53-.
221+RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC26
222+INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS27
223+1323
224+-6- PART OF THE DRESS CODE FOR A GRADUATION CEREMONY .1
54225 (d) "P
55-UBLIC SCHOOL" MEANS A SCHOOL, INCLUDING A DISTRICT
56-CHARTER SCHOOL
57-, OF A SCHOOL DISTRICT; A SCHOOL OPERATED BY A BOARD
58-OF COOPERATIVE SERVICES
59-; AN INSTITUTE CHARTER SCHOOL ; OR THE
60-COLORADO SCHOOL FOR THE DEAF AND THE BLIND .
226+UBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC2
227+COLLEGE, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,3
228+EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE4
229+THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY .5
61230 (e) "S
62-TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
63-GRADUATION CEREMONY AS A GRADUATE
64-.
231+TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE6
232+GRADUATION CEREMONY AS A GRADUATE .7
65233 (2) A
66- STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
67-RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
68-'S
69-GRADUATION CEREMONY
70-. AN ADORNMENT WORN BY A STUDENT MUST
71-COMPLY WITH THE PUBLIC SCHOOL
72-'S, SCHOOL DISTRICT'S, CHARTER SCHOOL
73-INSTITUTE
74-'S, OR BOARD OF COOPERATIVE SERVICES' DRESS CODE POLICY, AS
75-LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
76-'S
77-GENDER EXPRESSION
78-, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
79-RELIGION, OR CULTURE.
234+ STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR8
235+RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S9
236+GRADUATION CEREMONY . IF A PUBLIC INSTITUTION OF HIGHER EDUCATION
237+10
238+HAS A DRESS CODE POLICY, AN ADORNMENT WORN BY A STUDENT MUST11
239+COMPLY WITH THE PUBLIC INSTITUTION OF HIGHER EDUCATION 'S DRESS12
240+CODE POLICY, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE13
241+UPON A STUDENT'S GENDER EXPRESSION , AS DEFINED IN SECTION14
242+24-34-301,
243+ GENDER IDENTITY, RELIGION, OR CULTURE.
244+15
80245 (3) A
81- PUBLIC SCHOOL, SCHOOL DISTRICT, CHARTER SCHOOL
82-INSTITUTE
83-, OR BOARD OF COOPERATIVE SERVICES SHALL NOT IMPOSE
84-RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT
85-'S
86-REQUIRED GRADUATION ATTIRE BE YOND WHAT IS REQUIRED BY A PUBLIC
87-SCHOOL
88-'S, SCHOOL DISTRICT'S, CHARTER SCHOOL INSTITUTE'S, OR BOARD OF
89-COOPERATIVE SERVICES
90-' DRESS CODE POLICY, AS LONG AS THE DRESS CODE
91-PAGE 2-HOUSE BILL 24-1323 POLICY DOES NOT INFRINGE UPON A STUDENT 'S GENDER EXPRESSION, AS
92-DEFINED IN SECTION
93-24-34-301, GENDER IDENTITY, RELIGION, OR CULTURE.
246+ PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT16
247+IMPOSE RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE17
248+STUDENT'S REQUIRED GRADUATION ATTIRE BEYOND WHAT IS REQUIRED BY
249+18
250+A PUBLIC INSTITUTION OF HIGHER EDUCATION 'S DRESS CODE POLICY, AS19
251+LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT 'S20
252+GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301, GENDER21
253+IDENTITY, RELIGION, OR CULTURE.22
94254 (4) (a) T
95-HIS SECTION DOES NOT LIMIT A PUBLIC SCHOOL'S, SCHOOL
96-DISTRICT
97-'S, CHARTER SCHOOL INSTITUTE 'S, OR BOARD OF COOPERATIVE
98-SERVICES
99-' ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE
100-SUBSTANTIAL DISRUPTION OF
101-, OR MATERIAL INTERFERENCE WITH , THE
102-GRADUATION CEREMONY
103-.
255+HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF23
256+HIGHER EDUCATION'S ABILITY TO PROHIBIT AN ADORNMENT THAT IS24
257+LIKELY TO CAUSE A SUBSTANTIAL DISRUPTION OF , OR MATERIAL25
258+INTERFERENCE WITH, THE GRADUATION CEREMONY .26
104259 (b) A
105- PROHIBITION IMPOSED BY A PUBLIC SCHOOL, SCHOOL DISTRICT,
106-CHARTER SCHOOL INSTITUTE , OR BOARD OF COOPERATIVE SERVICES
107-PURSUANT TO SUBSECTION
108- (4)(a) OF THIS SECTION MUST BE:
260+ PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER27
261+1323
262+-7- EDUCATION PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION MUST BE:1
109263 (I) B
110-ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
111-AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
112-; AND
113-(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
264+ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON2
265+AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND3
266+(II) B
267+Y THE LEAST RESTRICTIVE MEANS NECESSARY .4
114268 (5) O
115-N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A
116-PUBLIC SCHOOL
117-, SCHOOL DISTRICT, CHARTER SCHOOL INSTITUTE, OR BOARD
118-OF COOPERATIVE SERVICES SHALL DEVELOP AND ADOPT A POLICY THAT
119-ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
120-.
269+N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A5
270+PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT6
271+A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .7
121272 (6) T
122-HIS SECTION APPLIES TO ALL PUBLIC SCHOOL GRADUATIONS ,
123-INCLUDING, BUT NOT LIMITED TO, KINDERGARTEN, ELEMENTARY SCHOOL,
124-MIDDLE SCHOOL, JUNIOR HIGH SCHOOL, AND HIGH SCHOOL GRADUATIONS .
273+HIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER8
274+EDUCATION GRADUATIONS .9
125275 (7) T
126-HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
127-INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC SCHOOL GRADUATION
128-,
129-AS DESCRIBED IN SECTION 22-1-142.
130-SECTION 2. In Colorado Revised Statutes, 22-2-117, amend
131-(1)(b)(IX) and (1)(b)(X); and add (1)(b)(XII) as follows:
132-22-2-117. Additional power - state board - waiver of
133-requirements - rules. (1) (b) The state board shall not waive any of the
134-requirements specified in any of the following statutory provisions:
135-(IX) Any provisions of section 22-1-128 relating to comprehensive
136-human sexuality education content requirements; or
137-PAGE 3-HOUSE BILL 24-1323 (X) Any provision of section 22-30.5-104 (3), 22-30.5-507 (3),
138-22-32-109 (1)(ll), 22-32-110 (1)(k), 22-38-104 (1)(d), or 22-63-206 (1)
139-relating to discrimination based on hair texture, hair type, or a protective
140-hairstyle that is commonly or historically associated with race;
141-OR
142-(XII) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
143-GRADUATION CEREMONIES PURSUANT TO SECTION
144-22-1-142.5.
145-SECTION 3. In Colorado Revised Statutes, 22-30.5-104, amend
146-(6)(c)(VIII) and (6)(c)(IX); and add (6)(c)(XI) as follows:
147-22-30.5-104. Charter school - requirements - authority - rules -
148-definitions. (6) (c) A school district, on behalf of a charter school, may
149-apply to the state board for a waiver of a state statute or state rule that is not
150-an automatic waiver. Notwithstanding any provision of this subsection (6)
151-to the contrary, the state board may not waive any statute or rule relating to:
152-(VIII) Section 22-33-106.1 concerning suspension and expulsion of
153-students in preschool through second grade; or
154-(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
155-22-63-206 (1) relating to discrimination based on hair texture, hair type, or
156-a protective hairstyle that is commonly or historically associated with race;
157-OR
158-(XI) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
159-GRADUATION CEREMONIES PURSUANT TO SECTION
160-22-1-142.5.
161-SECTION 4. In Colorado Revised Statutes, 22-30.5-507, amend
162-(7)(b)(VIII) and (7)(b)(IX); and add (7)(b)(XI) as follows:
163-22-30.5-507. Institute charter school - requirements - authority
164-- rules - definitions. (7) (b) An institute charter school may apply to the
165-state board, through the institute, for a waiver of state statutes and state
166-rules that are not automatic waivers. The state board may waive state
167-statutory requirements or rules promulgated by the state board; except that
168-the state board may not waive any statute or rule relating to:
169-(VIII) Section 22-33-106.1 concerning suspension and expulsion of
170-students in preschool through second grade; or
171-PAGE 4-HOUSE BILL 24-1323 (IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and
172-22-63-206 (1) relating to discrimination based on hair texture, hair type, or
173-a protective hairstyle that is commonly or historically associated with race;
174-OR
175-(XI) THE WEARING OF CULTURAL OR RELIGIOUS OBJECTS AT SCHOOL
176-GRADUATION CEREMONIES PURSUANT TO SECTION
177-22-1-142.5.
178-SECTION 5. In Colorado Revised Statutes, add 23-1-137.7 as
179-follows:
180-23-1-137.7. Wearing cultural or religious objects at college
276+HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN10
277+INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC INSTITUTION OF11
278+HIGHER EDUCATION'S GRADUATION, AS DESCRIBED IN SECTION 23-1-137.5.12
279+SECTION 6. In Colorado Revised Statutes, add 26.5-1-115 as13
280+follows:14
281+26.5-1-115. Wearing cultural or religious objects at preschool15
181282 graduation ceremonies - definitions. (1) A
182-S USED IN THIS SECTION,
183-UNLESS THE CONTEXT OTHERWISE REQUIRES :
283+S USED IN THIS SECTION,16
284+UNLESS THE CONTEXT OTHERWISE REQUIRES :17
184285 (a) "A
185-DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
186-WITH
187-, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
188-ATTIRE
189-, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
286+DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN18
287+WITH, BUT NOT
288+REPLACING OR COVERING IN ITS ENTIRETY, GRADUATION19
289+ATTIRE, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .20
190290 (b) "C
191-ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
192-A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
193-BASED ON DISABILITY
194-, RACE, ETHNICITY, CREED, COLOR, SEX, SEXUAL
195-ORIENTATION
196-, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
197-COMPOSITION
198-, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
291+ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION21
292+OF A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS22
293+BASED ON DISABILITY, RACE, CREED, ETHNICITY, COLOR, SEX, SEXUAL23
294+ORIENTATION, GENDER IDENTITY , GENDER EXPRESSION , FAMILY24
295+COMPOSITION, RELIGION, AGE, NATIONAL ORIGIN, OR ANCESTRY.25
199296 "C
200-ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
201-DEFINED IN SECTION
202-23-1-137.5, INCITEMENT, DEFAMATION, FRAUD,
203-OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
297+ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS26
298+DEFINED IN SECTION 26.5-1-114, INCITEMENT, DEFAMATION, FRAUD,27
299+1323
300+-8- OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.1
204301 (c) "G
205-RADUATION ATTIRE" MEANS ATTIRE THAT A PUBLIC
206-INSTITUTION OF HIGHER EDUCATION REQUIRES A STUDENT TO WEAR AS PART
207-OF THE DRESS CODE FOR A GRADUATION CEREMONY
208-.
209-(d) "P
210-UBLIC INSTITUTION OF HIGHER EDUCATION " MEANS A PUBLIC
211-COLLEGE
212-, UNIVERSITY, COMMUNITY COLLEGE, AREA TECHNICAL COLLEGE,
213-EDUCATIONAL CENTER, LOCAL DISTRICT COLLEGE, OR JUNIOR COLLEGE THAT
214-IS SUPPORTED IN WHOLE OR IN PART BY GENERAL FUND MONEY
215-.
216-(e) "S
217-TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
218-GRADUATION CEREMONY AS A GRADUATE
219-.
220-PAGE 5-HOUSE BILL 24-1323 (2) A STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
221-RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
222-'S
223-GRADUATION CEREMONY
224-. IF A PUBLIC INSTITUTION OF HIGHER EDUCATION
225-HAS A DRESS CODE POLICY
226-, AN ADORNMENT WORN BY A STUDENT MUST
227-COMPLY WITH THE PUBLIC INSTITUTION OF HIGHER EDUCATION
228-'S DRESS CODE
229-POLICY
230-, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A
231-STUDENT
232-'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301, GENDER
233-IDENTITY
234-, RELIGION, OR CULTURE.
302+RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL2
303+REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A3
304+GRADUATION CEREMONY .4
305+(d) "S
306+TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE5
307+GRADUATION CEREMONY AS A GRADUATE .6
308+(2) A
309+ STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR7
310+RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT 'S8
311+GRADUATION CEREMONY .
312+AN ADORNMENT WORN BY A STUDENT MUST9
313+COMPLY WITH THE PRESCHOOL'S DRESS CODE POLICY, AS LONG AS THE10
314+DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT 'S GENDER11
315+EXPRESSION, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,12
316+RELIGION, OR CULTURE.13
235317 (3) A
236- PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL NOT IMPOSE
237-RESTRICTIONS ON WHAT A STUDENT MAY WEAR UNDER THE STUDENT
238-'S
239-REQUIRED GRADUATION ATTIRE BEYOND WHAT IS REQUIRED BY A PUBLIC
240-INSTITUTION OF HIGHER EDUCATION
241-'S DRESS CODE POLICY, AS LONG AS THE
242-DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
243-'S GENDER
244-EXPRESSION
245-, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
246-RELIGION, OR CULTURE.
318+ PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A14
319+STUDENT MAY WEAR UNDER THE STUDENT 'S REQUIRED GRADUATION15 ATTIRE BEYOND WHAT IS REQUIRED BY A PRESCHOOL 'S DRESS CODE16
320+POLICY, AS LONG AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A17
321+STUDENT'S GENDER EXPRESSION, AS DEFINED IN SECTION 24-34-301,18
322+GENDER IDENTITY, RELIGION, OR CULTURE.19
247323 (4) (a) T
248-HIS SECTION DOES NOT LIMIT A PUBLIC INSTITUTION OF
249-HIGHER EDUCATION
250-'S ABILITY TO PROHIBIT AN ADORNMENT THAT IS LIKELY
251-TO CAUSE A SUBSTANTIAL DISRUPTION OF
252-, OR MATERIAL INTERFERENCE
253-WITH
254-, THE GRADUATION CEREMONY .
324+HIS SECTION DOES NOT LIMIT A PRESCHOOL'S ABILITY TO20
325+PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE A SUBSTANTIAL21
326+DISRUPTION OF, OR MATERIAL INTERFERENCE WITH , THE GRADUATION22
327+CEREMONY.23
255328 (b) A
256- PROHIBITION IMPOSED BY A PUBLIC INSTITUTION OF HIGHER
257-EDUCATION PURSUANT TO SUBSECTION
258- (4)(a) OF THIS SECTION MUST BE:
329+ PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO24
330+SUBSECTION (4)(a) OF THIS SECTION MUST BE:25
259331 (I) B
260-ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
261-AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
262-; AND
263-(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
332+ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON26
333+AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE ; AND27
334+1323
335+-9- (II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .1
264336 (5) O
265-N OR BEFORE THE START OF THE 2024-25 SCHOOL YEAR, A
266-PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DEVELOP AND ADOPT A
267-POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
268-.
337+N OR BEFORE AUGUST 1, 2024, A PUBLIC PRESCHOOL2
338+PROVIDER AS DEFINED IN SECTION 26.5-5-303 SHALL DEVELOP AND ADOPT3
339+A POLICY THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION .4
269340 (6) T
270-HIS SECTION APPLIES TO ALL PUBLIC INSTITUTIONS OF HIGHER
271-EDUCATION GRADUATIONS
272-.
341+HIS SECTION APPLIES TO A GRADUATION HELD BY A PUBLIC5
342+PRESCHOOL PROVIDER AS DEFINED IN SECTION 26.5-5-303.6
273343 (7) T
274-HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
275-INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC INSTITUTION OF HIGHER
276-EDUCATION
277-'S GRADUATION, AS DESCRIBED IN SECTION 23-1-137.5.
278-PAGE 6-HOUSE BILL 24-1323 SECTION 6. In Colorado Revised Statutes, add 26.5-1-116 as
279-follows:
280-26.5-1-116. Wearing cultural or religious objects at preschool
281-graduation ceremonies - definitions. (1) A
282-S USED IN THIS SECTION,
283-UNLESS THE CONTEXT OTHERWISE REQUIRES :
284-(a) "A
285-DORNMENT" MEANS SOMETHING ATTACHED TO , OR WORN
286-WITH
287-, BUT NOT REPLACING OR COVERING IN ITS ENTIRETY , GRADUATION
288-ATTIRE
289-, AND IS NOT LIMITED TO DECORATING GRADUATION CAPS .
290-(b) "C
291-ULTURAL" MEANS A RECOGNIZED PRACTICE OR TRADITION OF
292-A CERTAIN GROUP OF PEOPLE AND INCLUDES ONLY A PROTECTED CLASS
293-BASED ON DISABILITY
294-, RACE, CREED, ETHNICITY, COLOR, SEX, SEXUAL
295-ORIENTATION
296-, GENDER IDENTITY , GENDER EXPRESSION , FAMILY
297-COMPOSITION
298-, RELIGION, AGE, NATIONAL ORIGIN , OR ANCESTRY .
299-"C
300-ULTURAL" DOES NOT INCLUDE OBJECTS RELATED TO TRIBAL REGALIA AS
301-DEFINED IN SECTION
302-26.5-1-114, INCITEMENT, DEFAMATION, FRAUD,
303-OBSCENITY, CHILD PORNOGRAPHY, FIGHTING WORDS, AND THREATS.
304-(c) "G
305-RADUATION ATTIRE" MEANS ATTIRE THAT A PRESCHOOL
306-REQUIRES A STUDENT TO WEAR AS PART OF THE DRESS CODE FOR A
307-GRADUATION CEREMONY
308-.
309-(d) "S
310-TUDENT" MEANS AN INDIVIDUAL PARTICIPATING IN THE
311-GRADUATION CEREMONY AS A GRADUATE
312-.
313-(2) A
314- STUDENT MAY WEAR RECOGNIZED OBJECTS OF CULTURAL OR
315-RELIGIOUS SIGNIFICANCE AS AN ADORNMENT DURING THE STUDENT
316-'S
317-GRADUATION CEREMONY
318-. AN ADORNMENT WORN BY A STUDENT MUST
319-COMPLY WITH THE PRESCHOOL
320-'S DRESS CODE POLICY, AS LONG AS THE DRESS
321-CODE POLICY DOES NOT INFRINGE UPON A STUDENT
322-'S GENDER EXPRESSION,
323-AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY, RELIGION, OR
324-CULTURE
325-.
326-(3) A
327- PRESCHOOL SHALL NOT IMPOSE RESTRICTIONS ON WHAT A
328-STUDENT MAY WEAR UNDER THE STUDENT
329-'S REQUIRED GRADUATION ATTIRE
330-BEYOND WHAT IS REQUIRED BY A PRESCHOOL
331-'S DRESS CODE POLICY, AS LONG
332-AS THE DRESS CODE POLICY DOES NOT INFRINGE UPON A STUDENT
333-'S GENDER
334-EXPRESSION
335-, AS DEFINED IN SECTION 24-34-301, GENDER IDENTITY,
336-PAGE 7-HOUSE BILL 24-1323 RELIGION, OR CULTURE.
337-(4) (a) T
338-HIS SECTION DOES NOT LIMIT A PRESCHOOL 'S ABILITY TO
339-PROHIBIT AN ADORNMENT THAT IS LIKELY TO CAUSE A SUBSTANTIAL
340-DISRUPTION OF
341-, OR MATERIAL INTERFERENCE WITH , THE GRADUATION
342-CEREMONY
343-.
344-(b) A
345- PROHIBITION IMPOSED BY A PRESCHOOL PURSUANT TO
346-SUBSECTION
347- (4)(a) OF THIS SECTION MUST BE:
348-(I) B
349-ASED ON EVIDENCE OF DISRUPTION RATHER THAN RELYING ON
350-AN UNDIFFERENTIATED FEAR OR APPREHENSION OF DISTURBANCE
351-; AND
352-(II) BY THE LEAST RESTRICTIVE MEANS NECESSARY .
353-(5) O
354-N OR BEFORE AUGUST 1, 2024, A PUBLIC PRESCHOOL PROVIDER
355-AS DEFINED IN SECTION
356-26.5-5-303 SHALL DEVELOP AND ADOPT A POLICY
357-THAT ALIGNS WITH THE REQUIREMENTS OF THIS SECTION
358-.
359-(6) T
360-HIS SECTION APPLIES TO A GRADUATION HELD BY A PUBLIC
361-PRESCHOOL PROVIDER AS DEFINED IN SECTION
362-26.5-5-303.
363-(7) T
364-HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN
365-INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC PRESCHOOL
366-GRADUATION
367-, AS DESCRIBED IN SECTION 26.5-1-114.
368-SECTION 7. Safety clause. The general assembly finds,
369-determines, and declares that this act is necessary for the immediate
370-preservation of the public peace, health, or safety or for appropriations for
371-PAGE 8-HOUSE BILL 24-1323 the support and maintenance of the departments of the state and state
372-institutions.
373-____________________________ ____________________________
374-Julie McCluskie Steve Fenberg
375-SPEAKER OF THE HOUSE PRESIDENT OF
376-OF REPRESENTATIVES THE SENATE
377-____________________________ ____________________________
378-Robin Jones Cindi L. Markwell
379-CHIEF CLERK OF THE HOUSE SECRETARY OF
380-OF REPRESENTATIVES THE SENATE
381- APPROVED________________________________________
382- (Date and Time)
383- _________________________________________
384- Jared S. Polis
385- GOVERNOR OF THE STATE OF COLORADO
386-PAGE 9-HOUSE BILL 24-1323
344+HIS SECTION DOES NOT LIMIT THE RIGHTS OF CERTAIN7
345+INDIVIDUALS TO WEAR TRIBAL REGALIA TO A PUBLIC PRESCHOOL8
346+GRADUATION, AS DESCRIBED IN SECTION 26.5-1-114.9
347+SECTION 7. Safety clause. The general assembly finds,10
348+determines, and declares that this act is necessary for the immediate11
349+preservation of the public peace, health, or safety or for appropriations for12
350+the support and maintenance of the departments of the state and state13
351+institutions.14
352+1323
353+-10-