53G-4-414. Religious or cultural attire at school graduation ceremonies.
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Effective 5/3/2023
53G-4-414. Religious or cultural attire at school graduation ceremonies.
(1)As used in this section:
(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.
(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