53G-4-414. Religious or cultural attire at school graduation ceremonies.
| (1) |
As used in this section:
Terms Used In Utah Code 53G-4-414- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Adornment” means something that a student attaches to or wears with, but does not replace, graduation attire. |
| (b) |
“Cultural” means recognized practices and traditions of a certain group of people. |
| (c) |
“Graduation attire” means attire that an LEA requires a student to wear as part of the dress code for a graduation ceremony. |
| (d) |
“Graduation ceremony” means a high school graduation ceremony. |
|
| (2) |
A student may wear recognized items of cultural or religious significance as an adornment at a graduation ceremony. |
| (3) |
| (a) |
Notwithstanding Subsection (2), an LEA may prohibit a student from wearing an item of adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony. |
| (b) |
Any prohibition imposed by an LEA on a student’s item of cultural or religious significance worn as an adornment shall be by the least restrictive means necessary to accomplish a specifically identified compelling governmental interest. |
|
| (4) |
An individual may bring a violation of this section to the state board in accordance with the process described in Subsection 53E-3-401(8)(d). |
| (5) |
Nothing in this section limits an LEA’s authority related to student expression under applicable federal and state law. |
| (6) |
Nothing in this section shall limit or impair the rights of a qualifying student under Section 53G-4-412 to wear tribal regalia to a graduation ceremony. |
Enacted by Chapter 359, 2023 General Session
