53G-4-412.  Tribal regalia at high school graduation ceremonies.

(1)  As used in this section:

Terms Used In Utah Code 53G-4-412

  • 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)  “Graduation attire” means attire that an LEA requires a student to wear as part of the dress code for a graduation ceremony.

(b)  “Graduation ceremony” means a high school graduation ceremony.

(c)  “Qualifying student” means a student who is:

(i)  enrolled as a member of a tribe; or

(ii)  eligible to be enrolled as a member of a tribe.

(d) 

(i)  “Tribal regalia” means a tribe’s:

(A)  traditional dress; or

(B)  recognized objects of religious or cultural significance.

(ii)  “Tribal regalia” includes the following items of cultural significance:

(A)  tribal symbols;

(B)  beads; and

(C)  feathers.

(e)  “Tribe” means a tribe, band, nation, or Alaskan Native village that:

(i)  federal law recognizes; or

(ii)  a state formally acknowledges.

(2) 

(a)  A qualifying student may wear tribal regalia during a graduation ceremony.

(b)  Wearing tribal regalia includes decorating graduation attire with tribal regalia.

(3)  An LEA may not prohibit a qualifying student from wearing tribal regalia as described in Subsection (2).

(4)  Nothing in this section shall be construed to limit an LEA’s authority related to student expression under applicable federal and state law.

Enacted by Chapter 197, 2022 General Session