22-1-142. Tribal regalia at school graduation ceremonies - definitions.
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/co/title-22-education/article-1-general-provisions/22-1-142·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section, unless the context otherwise requires:
(a)"Graduation attire" means attire that a school or school district requires a student to wear as part of the dress code for a graduation ceremony.
(b)"Qualifying student" means a student who is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an
enrolled member of a federally recognized or state-recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.
(c)"Tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance:
(I)Tribal symbols;
(II)Beads; and
(III)Feathers, in line with the federal "Migratory Bird Treaty Act of 1918".
(d)"Tribe" means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.
(2)A qualifying student may wear tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.
(a)An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is:
(I)An enrolled member of a tribe;
(II)Eligible to be enrolled as a member of a tribe; or
(III)A lineal descendant of a tribally enrolled parent or grandparent.
(b)Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.
(4)A school or school district shall not prohibit a qualifying student or the qualifying student's immediate family from wearing and displaying tribal regalia at a graduation ceremony.
(5)This section applies to all public school graduations, including, but not limited to, kindergarten, middle school, junior high school, and high school graduations.