Existing law authorizes a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Existing law prohibits that authorization from limiting a local educational agencys discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. Existing law defines adornment for these purposes as something attached to or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.

This bill would extend a pupils authorization to wear an adornment to school events that are related to graduation. The bill would clarify that what constitutes traditional regalia or recognized objects of religious or cultural significance is to be determined by the pupil and the pupils family. The bill would prohibit a local educational agency from requiring (1) a preapproval process for a pupil to exercise their rights to wear an adornment and (2) a pupil to wear a cap if the cap is incompatible with the adornment. The bill would revise the definition of adornment as it relates to a cap customarily worn at school graduation ceremonies to instead mean something attached to, worn with, or worn in place of, the cap.

Existing law authorizes a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Existing law prohibits that authorization from limiting a local educational agencys discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. Existing law defines adornment for these purposes as something attached to or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.

This bill would extend a pupils authorization to wear an adornment to school events that are related to graduation. The bill would clarify that what constitutes traditional regalia or recognized objects of religious or cultural significance is to be determined by the pupil and the pupils family. The bill would prohibit a local educational agency from requiring (1) a preapproval process for a pupil to exercise their rights to wear an adornment and (2) a pupil to wear a cap if the cap is incompatible with the adornment. The bill would revise the definition of adornment as it relates to a cap customarily worn at school graduation ceremonies to instead mean something attached to, worn with, or worn in place of, the cap.

Existing law authorizes a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment, as defined, adornment at school graduation ceremonies. Existing law prohibits that authorization from limiting a local educational agencys discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. Existing law defines adornment for these purposes as something attached to or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.

This bill would extend a pupils authorization to wear an adornment to school events that are related to graduation. The bill would clarify that what constitutes traditional regalia or recognized objects of religious or cultural significance is to be determined by the pupil and the pupils family. The bill would prohibit a local educational agency from requiring (1) a preapproval process for a pupil to exercise their rights to wear an adornment and (2) a pupil to wear a cap if the cap is incompatible with the adornment. The bill would revise the definition of adornment as it relates to a cap customarily worn at school graduation ceremonies to instead mean something attached to, worn with, or worn in place of, the cap.

Existing law authorizes a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment, as defined, at school graduation ceremonies. Existing law prohibits that authorization from limiting a local educational agencys discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony.

This bill would extend a pupils authorization to wear an adornment to school events that are related to graduation. The bill would clarify that what constitutes traditional regalia or recognized objects of religious or cultural significance is to be determined by the pupil and the pupils family. The bill would prohibit a local educational agency from requiring (1) a preapproval process for a pupil to exercise their rights to wear an adornment and (2) a pupil to wear a cap if the cap is incompatible with the adornment.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1369

Author:(Ramos)

As Amended Ver:June 23, 2025

Majority vote

SUMMARY

Clarifies the existing authorization for students to wear specified adornments at school graduation ceremonies by explicitly authorizing students and their families to determine what adornments are deemed to be traditional tribal regalia or recognized objects of religious or cultural significance. Prohibits local educational agencies (LEAs) from (1) requiring students to undergo a preapproval process in order to exercise the right described above and (2) requiring students to wear a graduation cap if it is incompatible with the specified adornment.

Senate Amendments

1. Revises the definition of "adornment" to mean either of the following:
   1. Something attached to, worn with, or worn in place of the cap customarily worn at school graduation ceremonies; or
   2. Something attached to or worn with, but not replacing, the gown customarily worn at school graduation ceremonies.

COMMENTS

California law authorizes wearing of certain graduation adornments. A 2018 law authorizes a pupil enrolled in a California public school to wear tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. However, current law does not limit an LEA’s discretion and authority to prohibit items that are likely to cause a substantial disruption of, or material interference with, the ceremony. In 2024, the Superintendent of Public Instruction (SPI) issued a letter to superintendents and principals urging them to both implement policies that embrace culturally inclusive ceremonies and preserve the rights of our Native students and review the relevant California Education Code in order to explore opportunities for students to honor their heritage, which is crucial for creating an inclusive and supportive environment.

Native American Graduation Adornments Task Force (NAGAT). AB 945 (Ramos) Chapter 285, Statutes of 2021 requires the California Department of Education (CDE) to convene a task force to develop recommendations for best practices, protocols, and other policies that will address how to comprehensively implement all aspects of a student's authority to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. According to the CDE website, the NAGAT was to hold at least four public meetings between September 2023 and May 2024 and to submit a report to the Legislature that includes its findings and policy recommendations to ensure full implementation of the law regarding graduation adornments. The CDE website provides guidance on filing complaints with the CDE on the basis of discrimination based upon a protected class, or with the U.S. Department of Education's Office of Civil Rights under title VI on the basis of a policy that disproportionately and negatively affects students of a particular race, ethnicity, or national origin.

Research identifies violations of graduation dress code. A report by the American Civil Liberties Union Foundation (ACLU) and the California Indian Legal Services (Mendoza, 2024) identified violations of Indigenous students’ rights regarding graduation dress codes in the high schools of the 50 LEAs studied. 56% of the LEAs require students to undergo a pre-approval process to wear tribal regalia or cultural or religious adornments at graduation. This pre-approval timeline ranges from five to 14 days before graduation. The study also found significant inconsistencies between district policies and individual high school handbooks, with many handbooks either not aligning with district policies or providing no information about graduation dress codes. Schools that received federal Title VI funds designated for the education of Native American students were found to have a higher likelihood of explicitly permitting tribal regalia. The study reports that districts with higher suspension rates for Native American students tended to have stricter graduation attire policies, suggesting that districts with more punitive approaches to discipline might also be less accommodating of cultural or religious expressions.

California has nation's highest concentration of Native American/Alaska Native people. According to the most recent census data, California is home to more people of Native American/ Alaska Native heritage than any other state in the country. There are currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs. According to the California Department of Education (CDE), in 2023-24, there were 25,424 pupils enrolled in California public schools identified as American Indian or Alaska Natives, representing .4% of the total enrollment statewide.

According to the Author

"In 2018, the state passed legislation that recognized a student's right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Despite the law and subsequent statutory reaffirmation of students' rights, they and their families continue to face obstacles to exercising this legal prerogative. For our tribal communities, high school graduations are times of great celebration. Eagle feathers and other symbols of Native American significance are often presented by a proud community to the student as a way to recognize personal achievement. It is a means for the tribe not only to honor the student but also to share in and express pride in the graduate's achievements. AB 1369 aims to add additional clarity in law to help reinforce all students' rights to freedom of expression."

Arguments in Support

The California Indian Legal Services (CILS) writes, "The right to wear Tribal regalia and culturally significant adornments at graduation is not only a matter of cultural identity and pride but is enshrined in the United States and California Constitutions. This is affirmed by California Education Code 35183.1, added into law by AB 1248 (Gloria, 2018). Of course, in 2021, you [Assemblymember Ramos] authored AB 945 to strengthen school districts’ compliance with this law. However, CILS continues to receive complaints from our statewide Tribal community that local school officials continue to object when Native students wish to wear items such as eagle feathers, Native American sashes, beaded or basket caps, or other items reflecting their culture and heritage, in violation of state law. CILS believes that AB 1369 can help address a host of challenges Native students confront as they seek to exercise the benefits existing law promotes and protects.

Arguments in Opposition

None on file

FISCAL COMMENTS

This bill has been keyed non-fiscal by the Office of Legislative Counsel.

VOTES:

ASM EDUCATION: 9-0-0

YES: Muratsuchi, Hoover, Addis, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Patel

ASM JUDICIARY: 12-0-0

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Harabedian, Macedo, Pacheco, Papan, Sanchez, Stefani, Zbur

ASSEMBLY FLOOR: 77-0-2

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer‑Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Nguyen, Stefani

UPDATED

VERSION: June 23, 2025

CONSULTANT: Debbie Look / ED. / (916) 319-2087 FN: 0001532

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 1369 (Author:Ramos)

Version: June 23, 2025

Hearing Date: July 1, 2025

Fiscal: No

Urgency: No

Consultant: AWM

SUBJECT

Pupil rights: school graduation ceremonies and related events: adornments

DIGEST

This bill strengthens and clarifies a student’s existing right to wear traditional tribal regalia or recognized objects of religious or cultural significance at a school graduation ceremony.

EXECUTIVE SUMMARY

Under current law, students are permitted to wear traditional tribal regalia or recognized objects of religious or cultural significance at graduation ceremonies. An “adornment” is something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies. This right is not unlimited: a local educational agency (LEA) retains the discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony. Although the law expressly authorizing students to wear their tribal, cultural, and religious adornments was enacted in 2018, reports indicate that some LEAs continue to outright deny, or hamper to the point of denying, students their rights.

This bill is intended to strengthen and clarify students’ rights to wear traditional tribal, or culturally or religiously significant, adornments at graduation ceremonies. To that end, the bill clarifies that the traditional or significant nature of an item is to be determined by the student and their family, rather than the LEA; prohibits an LEA from requiring a preapproval process for regalia and adornments; and provides that a student may wear an item of regalia or adornment in lieu of the traditional graduation cap.

This bill is sponsored by California Indian Legal Services and is supported by the California Indian Nations Gaming Association; CFT—A Union of Educators & Classified Professionals, AFT, AFL-CIO; the Fresno Unified School District; Habematolel Pomo of Upper Lake; Julian Pathways; the Karuk Tribe; the Los Angeles County Office of Education; and Yuhaaviatam of San Manuel Nation.

The Committee has not received timely opposition to this bill. The Senate Education Committee passed this bill with a vote of 7-0.

PROPOSED CHANGES TO THE LAW

Existing constitutional law:

1. Provides that Congress shall make no law abridging the freedom of speech. (U.S. Const., 1st & 14th amends.; see Gitlow v. People of State of New York (1925) 268 U.S. 652, 666 (First Amendment guarantees apply to the states through the due process clause of the Fourteenth Amendment).)
2. Provides that every person may freely speak, write, and publish their sentiments on all subjects, and that a law may not restrain or abridge liberty of speech. (Cal. Const., art. I, § 2.)

Existing state law:

1. Provides that the governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if the governing board of the school district approves the plan; the governing board must provide a method whereby parents may choose not to have their children apply with an adopted school uniform policy. (Ed. Code, § 35183.)
2. Provides that a pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies, except that this provision does not limit an LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony.
   1. “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.
   2. “Cultural” means recognized practices and traditions of a certain group or people.
   3. “Local educational agency” means a school district, county office of education, or charter school. (Ed. Code, § 35183.1.)
3. Provides that, notwithstanding any other law, a person shall have the right to wear a dress uniform issued to them by a branch of the United States Armed Forces while participating in the graduation ceremony for their high school if the person meets both of the following requirements:
   1. They have fulfilled all of the statutory requirements for receiving a diploma of graduation from high school, and are otherwise eligible to participate in the graduation ceremony.
   2. They have completed basic training for, and are an active member in, a branch of the United States Armed Forces. (Ed. Code, § 35183.3.)

This bill:

1. Specifies that, in connection with a pupil’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies or related school events, the traditional nature or significance of the adornment shall be determined by the pupil and the pupil’s family.
2. Prohibits an LEA from doing the following in connection with the pupil’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance:
   1. Requiring a preapproval process for a pupil to exercise their rights.
   2. Requiring a pupil to wear a cap, if the cap is incompatible with the adornment.

COMMENTS

1. Author’s statement

According to the author:

In 2018, the state passed legislation that recognized a student’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Despite the law and subsequent statutory reaffirmation of students’ rights, they and their families continue to face obstacles to exercising this legal prerogative. For our tribal communities, high school graduations are times of great celebration. Eagle feathers and other symbols of Native American significance are often presented by a proud community to the student as a way to recognize personal achievement. It is a means for the tribe not only to honor the student but also to share in and express pride in the graduate’s achievements. AB 1369 aims to add additional clarity in law to help reinforce all students’ rights to freedom of expression.

2. Students do not shed their First Amendment rights at the schoolhouse gate

The federal and state Constitutions prohibit the government from abridging the freedom of speech and expressive conduct.^[1] “The vitality of civil and political institutions in our society depends on free discussion…it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effective. The right to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.”^[2]

The mere fact that students are minors, or in a controlled educational environment, does not deprive them of their right to express themselves. “First Amendment rights, applied in light of the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that either students or teachers shake their constitutional rights to freedom of speech or expression at the schoolhouse gate.”^[3] So while “the constitutional rights of students in public schools are not automatically coextensive with the rights of adults in other settings,”^[4] schools can limit only certain categories of speech: lewd, indecent, or vulgar speech during school events; speech promoting illegal drug use; speech that others may reasonably perceive as bearing the imprimatur of the school; and speech that materially disrupts classwork or involves substantial disorder or invasion of the rights of others.^[5]

3. California expressly permits pupils to wear specific traditional, religious, and cultural adornments at graduation ceremonies

In 2018, the Legislature enacted AB 1248 (Gloria, Ch. 804, Stats. 2018), which permits students to wear traditional tribal regalia or recognized objects of religious or cultural significance at graduation ceremonies.^[6] An “adornment” is something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.^[7] The law does not restrict an LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.^[8] While it is not clear that this law is actually necessary—the United States Supreme Court has held that the First Amendment extends to expressive conduct at graduation ceremonies^[9]—the law affirms California’s commitment to permitting students to express themselves and represent their heritage at graduation ceremonies.

One example of adornments of cultural and religious significance is the eagle feather worn by members of many Tribal Nations. As explained by the Native American Rights Fund:

Many Tribal Nations recognize leadership achievements by bestowing the person who earned the honor an eagle feather or plume. While tribal religions and spiritual practices vary from each other, in general, a Native person who wears a plume or eagle feather at a public event has done something amazing to show that they have the maturity to pray and care for themselves and others.

Some Native American students seek to express their religious beliefs and celebrate their academic achievements by wearing an eagle feather at their graduation ceremonies.^[10]

This tradition, along with many other cultural and religious traditions, ought to be protected under AB 1248.

In 2021, the Legislature enacted AB 945 (Ramos, Ch. 285, Stats. 2021), which established the Native American Graduation Adornment Taskforce to develop recommendations for best practices, protocols, and other policies to address how to implement AB 1248’s requirements uniformly across the state. According to the Senate Education Committee’s analysis of this bill, however, the task force’s timeline has been delayed, and it is unclear when the report will be forthcoming.

4. LEAs continue to deny pupils’ right to wear adornments of tribal, cultural, or religious significance at graduation ceremonies

In 2024, California Indian Legal Services (the bill’s sponsor) and the ACLU published a report finding that “schools repeatedly violate students’ rights to wear tribal, religious, or cultural items at graduation.”^[11] The report included violations that took place in 2023 and 2024, i.e., long after AB 1248 was enacted.^[12] Indeed, in 2024, the Clovis Unified School District denied two students their rights to wear tribal regalia; the school district ended up granting one student permission after the denial was publicized, while the other was denied his right entirely.^[13] In the case of the student who was ultimately permitted to wear a stole along with her gown, the school district did not take her word for it that the stole was an item of tribal significance, but instead required her tribe (Comanche Nation) to confirm the stole’s authenticity.^[14]

The Clovis Unified School District is not the only district that requires preapproval for items of tribal, cultural, or religious significance: the report also found that 56 percent of schools require students to undergo a preapproval process to wear their regalia or adornments at graduation, which is not required by AB 1248.^[15] According to the report, a preapproval process “add[s] unnecessary barriers and often lead[s] students and families feeling too discouraged to seek approval to enjoy their rights.”^[16] Additionally, many districts and schools “provide confusing or no information on preapproval processes for graduation adornments,” including “little to no context on the required paperwork for approval, the timeline for approval, or the guidelines for approval or rejection of the adornments.”^[17]

The report also found instances in which school handbooks directly contradicted school graduation dress code policies, and instances in which guidance expressly states that a student may wear their military dress but does not indicate that students have the right to wear tribal, religious, or cultural items.^[18]

5. This bill clarifies students’ rights to wear traditional tribal regalia or recognized objects of cultural or religious significance at graduation

In light of the ongoing resistance by some schools and districts to permitting students to wear cultural regalia and items of cultural or religious significance at graduation, this bill clarifies students’ rights to wear these items. Specifically, the bill:

• Clarifies that the traditional nature or significance of the items is determined by the student and their family, not school or district administrators.
• States that an LEA may not require a preapproval process for permitted items.
• Provides that a student may replace their cap entirely with traditional tribal regalia or cultural or religious adornments.

These provisions still remain subject to an LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony, so administrators can still use their discretion to prevent a student from wearing an item or adornment that will actually harm the ceremony.^[19] The Committee has not received any opposition arguing that the available discretion is insufficient or that this bill will lead to chaos, sartorial or otherwise, at graduation ceremonies.

6. Arguments in support

According to California Indian Legal Services:

In the 2025 graduation cycle, our attorneys successfully vindicated the regalia freedoms of two Native students—freedoms secured to them outright under AB1248. One instance even involved the direct intervention of Assemblymember Ramos and California State Superintendent of Public Instruction Tony Thurmond. Regalia freedoms enshrined in existing law should not depend on legal advocacy from our attorneys or rely on the direct intervention of some of the most highly placed public officials in California. These kinds of interventions compellingly demonstrate the ongoing need for AB 1369.

Typical of a statewide trend, some school districts continue to exploit the discretionary language of AB 1248 to undermine its projections through their own crabbed interpretation of what is traditional and customary tribal regalia. Native students assert their sincerely held traditions and customs when they wear their regalia at their graduations. The law does not empower school officials to second-guess tribal customs and traditions. They are obliged to keep students safe and avoid unnecessary disruption of the graduation ceremony.

Also typical of a statewide trend among districts, is the pre-approval requirement. Students must submit their regalia to the districts for pre-approval, in what could be described as a certification process. No regalia is permitted without a pre-approval “certificate.” The process is usually poorly advertised, and the requirements are often unclear. While the pre-approval process is an implementation flaw, it is the pre-approval process itself, even without its flaws, that prevents or chills Native students from even attempting to benefit from their AB 1248 protections. This chilling effect undermines the whole purpose of the law and needs correction if its benefits are to be realized.

As the 2025 graduation cycle closes, we believe AB 1369 is now needed more than ever to help Native students exercise their full regalia freedoms. These freedoms help us all to honor their achievements together with their Tribes, communities, and families.

SUPPORT

California Indian Legal Services (sponsor)

California Indian Nations Gaming Association

CFT—A Union of Educators & Classified Professionals, AFT, AFL-CIO

Fresno Unified School District
Habematolel Pomo of Upper Lake

Julian Pathways

Karuk Tribe

Los Angeles County Office of Education

Yuhaaviatam of San Manuel Nation

OPPOSITION

None received

RELATED LEGISLATION

Pending legislation: None known.

Prior legislation:

AB 945 (Ramos, Ch. 285, Stats. 2021) established a task force, convened by the State Department of Education, to gather specified information and develop recommendations for best practices, protocols, proposed legislation, and other policies to address how to comprehensively implement all aspects of existing law related to wearing traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

AB 1248 (Gloria, Ch. 804, Stats. 2018) permitted a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance, as defined, at school graduation ceremonies, subject to the LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 77, Noes 0)

Assembly Judiciary Committee (Ayes 12, Noes 0)

Assembly Education Committee (Ayes 9, Noes 0)

**************

1. U.S. Const., 1st & 14th Amends.; Cal. Const., art. I, §§ 2, 3. ↑

2. Terminiello v. City of Chicago (1949) 337 U.S. 1, 4 (1949) (Terminiello). ↑

3. Tinker v. Des Moines Independent Community School Dist. (1969) 393 U.S. 503, 506. ↑

4. Morse v. Frederick (2007) 551 U.S. 393, 396-397 (internal quotation marks omitted). ↑

5. See Mahoney Area School Dist. v. B.L. (2021) 594 U.S. 180, 187-188. ↑

6. See Ed. Code, § 35183.1. ↑

7. Id. at § 35183.1(b)(1). ↑

8. Id. at § 35813.1(a). ↑

9. Tinker, supra, 393 U.S. at pp. 508-509. ↑

10. Native American Rights Fund, Wearing Eagle Feathers at Graduation (Mar. 28, 2025) https://narf.org/resources/graduation/. All links in this analysis are current as of June 26, 2025. ↑

11. ACLU & California Indian Legal Services, Violations of Indigenous Students’ Rights to Self-Determination and Cultural Preservation (Sept. 2024) p. 10, available at https://www.aclunc.org/sites/default/files/Violations_of_Indigenous_Students_Rights_at_Graduation_Report.pdf. ↑

12. Id. at pp. 11-12. ↑

13. Id. at pp. 11-12; Willis, Clovis Unified student now able to wear tribal regalia at graduation (May 30, 2025) available at https://abc30.com/post/clovis-unified-student-denied-request-wear-tribal-regalia/14888894/. ↑

14. May, supra. ↑

15. Violations of Indigenous Students’ Rights to Self-Determination and Cultural Preservation, supra, at p. 16. ↑

16. Ibid. ↑

17. Id. at p. 17. ↑

18. Id. at pp. 18, 20. ↑

19. Of course, discretion is a double-edged sword; if administrators, due to conscious or unconscious bias, treat certain cultures’ regalia as more inherently disruptive than others’, that treatment could violate both the First Amendment and various antidiscrimination laws. But that’s an issue for another day. ↑

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 18, 2025

Subject: .

NOTE: This bill has been referred to the Committees on Education and Judiciary. A “do pass” motion should include referral to the Committee on Judiciary.

SUMMARY

This bill strengthens the existing authorization for students to wear specified adornments at school graduation ceremonies by explicitly authorizing students and their families to determine what adornments are deemed to be traditional tribal regalia or recognized objects of religious or cultural significance. The bill also prohibits local educational agencies (LEAs) from (1) requiring students to undergo a preapproval process in order to exercise the right described above and (2) requiring students to wear a graduation cap if it is incompatible with the specified adornment.

BACKGROUND

Existing law:

1. Authorizes a pupil to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. (Education Code (EC) § 35183.1)
2. Prohibits the authorization in #1 above from being construed to limit an LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (EC § 35183.1)
3. Defines the following terms:
   1. “Adornment” means something attached to or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.
   2. “Cultural” means recognized practices and traditions of a certain group of people. (EC § 35183.1)
4. Authorizes the governing board of a school district to adopt a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if the governing board of the school district approves a plan that may be initiated by an individual school’s principal, staff, and parents, and it determines that the policy is necessary for the health and safety of the school environment. (EC § 35183)
5. Specifies that a pupil has the right to wear a dress uniform, issued by a branch of the United States Armed Forces, during his or her high school graduation ceremony if he or she has met the graduation requirements and is an active member of the United States Armed Forces. (EC § 35183.3)

ANALYSIS

This bill:

1. Explicitly authorizes students and their families to determine what adornments are deemed to be traditional tribal regalia or recognized objects of religious or cultural significance for graduation ceremonies.
2. Extends the existing authorization to wear specified adornments as well as the expanded discretion to apply when worn at a graduation related school event.
3. Prohibits LEAs from doing either of the following:
   1. Requiring students to undergo a preapproval process in order to exercise the right described above.
   2. Requiring students to wear a graduation cap if it is incompatible with the specified adornment.

STAFF COMMENTS

1. Need for the bill. According to the author, “In 2018, the state passed legislation that recognized a student’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Despite the law and subsequent statutory reaffirmation of students’ rights, they and their families continue to face obstacles to exercising this legal prerogative. For our tribal communities, high school graduations are times of great celebration. Eagle feathers and other symbols of Native American significance are often presented by a proud community to the student as a way to recognize personal achievement. It is a means for the tribe not only to honor the student but also to share in and express pride in the graduate’s achievements. AB 1369 aims to add additional clarity in law to help reinforce all students’ rights to freedom of expression.”
2. Students have a right to wear certain graduation adornments. Since the passage of AB 1248 (Gloria, Chapter 804, Statutes of 2018), students have retained the right to wear tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. With this authorization came an explicit caveat that LEAs would retain the discretion and authority to prohibit an item that is likely to cause a substantial disruption or material interference with the ceremony.

In recognition of this right, on May 22, 2025, the State Superintendent of Public Instruction (SPI), Tony Thurmond, and the Attorney General (AG), Rob Bonta, issued a joint letter to county and district superintendents, charter school administrators, and high school principals across the state, reminding these leaders of the graduates’ rights to wear tribal regalia:

“As we commemorate the dedication and accomplishments of our students, we urge you to implement policies that embrace culturally inclusive ceremonies and preserve the rights of our Native students. Let us ensure that these policies reflect and pay homage to the rich diversity present among our students and their families.

“We encourage you to take the time to further review the portion of the California Education Code cited in this letter as well as local policies and explore opportunities for students to honor their heritage, which is crucial for creating an inclusive and supportive environment. As policies are reviewed, the California Department of Education (CDE) and the Office of the Attorney General (AG) recommend engaging with your local tribal leaders and American Indian communities to gain a deeper understanding of their traditions and values. These meetings allow for meaningful dialogue where perspectives can be shared and considerations for how cultural practices can be incorporated into graduation ceremony policies. By collaborating in this way, educational institutions can demonstrate respect for cultural diversity and create opportunities for students to celebrate their heritage proudly.

“The CDE and the AG deeply appreciate your dedication to ensuring that all students feel valued in their educational journey. We are committed to upholding our students’ cultural traditions and ensuring that graduation ceremonies are inclusive and reflective of the rich diversity within our student population.”

1. Native American Graduation Adornments Taskforce. In the years following the passage of AB 1248, the Legislature continued to receive reports of students facing significant barriers or denials to their ability to exercise their right to wear tribal regalia and other adornments. In response, the Legislature passed, and the Governor signed AB 945 (Ramos, Chapter 285, Statutes of 2021), requiring CDE to convene the Native American Graduation Adornment Taskforce (NAGAT). NAGAT was directed to develop recommendations for best practices, protocols, and other policies that will address how to comprehensively implement all aspects of a student’s authority to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

Although statute required the NAGAT to hold its first meeting on or before April 2022, conduct at least four additional public meetings annually, and submit a report to the Legislature that includes its findings and policy recommendations by April 1, 2023, the CDE website indicates that the Taskforce’s timeline has been delayed, with the scheduled four public meetings instead occurring between September 2023 and May 2024. The required report with policy recommendations has yet to be released; however, the next convening of the NAGAT is scheduled for Thursday, June 19, 2025.

While additional legislation or clarification in this space could benefit from being informed by the eventual report, the delayed timeline of the NAGAT, coupled with the ongoing reports of denials and hurdles for students, provides a reasonable justification for more prompt action.

1. Research highlights barriers, inconsistencies, and denials. A report entitled, California’s Graduation Dress Codes: Violations of Indigenous Students’ Rights to Self-Determination and Cultural Preservation, conducted by the American Civil Liberties Union (ACLU) and one of the bill sponsors, the California Indian Legal Services (CILS), highlighted how variations in, or the absence of, a clear and comprehensive graduation dress code impacts the rights of Indigenous students. Of the 50 LEAs studied, the report found that 56% required students to undergo a pre-approval process to wear tribal regalia or cultural or religious adornments at graduation. These pre-approval processes typically require students to request approval between 5 to 14 days before the graduation ceremony.

The report also highlighted significant variations across LEAs in the information available about the pre-approval process. While some LEAs referenced a pre-approval process in their student handbook, LEA board policies, or administrative regulations, many LEAs provided little to no context on the required paperwork for approval, the timeline for approval, or the guidelines for approval or rejection of the adornments.

The report also highlighted recent examples of cases brought to the ACLU and CILS where students reported that they were barred from wearing adornments or faced significant barriers:

• In 2023, a school’s graduation policy prohibited students from wearing leis at graduation, urging students to keep the ceremony “classy.” A Native Hawaiian family successfully advocated for their child’s right to wear the lei at graduation;
• In 2023, a student who was graduating from the Elk Grove Unified School District was denied the right to wear his regalia at graduation, citing first that the family missed the deadline to request pre-approval to wear items in addition to the cap and gown at graduation, then attempting to limit the student’s regalia to only one item, and subsequently requiring the eagle feather to be no longer than the tassel; and
• In 2024, the Clovis Unified School District denied a student’s right to wear his regalia. School staff cited that the student had not filled out a pre-approval form as the primary reason he could not wear his regalia, regardless of the law.

In order to address the concerns about procedural burdens and inconsistencies highlighted in the study and in student experiences, this bill explicitly authorizes students and their families to determine what constitutes as tribal regalia or other culturally or religiously significant objects. Importantly, the bill retains the LEA’s authority and discretion to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony.

1. California has the nation’s highest concentration of Native American/ Alaska Native people. According to most recent census data, California is home to more people of Native American/ Alaska Native heritage than any other state in the country. There are currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs.

According to the CDE, in 2023-24, there were 25,424 pupils enrolled in California public schools identified as American Indian or Alaska Natives, representing .4% of the total enrollment statewide.

1. Traditional tribal regalia at high school graduations. According to a 2017 resolution adopted in by the National Congress of American Indians, American Indian and Alaska Native students seek to wear items of religious significance including but not limited to, eagle feathers, cedar hats, beadwork, headdresses, stoles and other traditional regalia at their commencement ceremony to express and practice their religious and spiritual beliefs and celebrate their academic achievement, leadership, and transition into adulthood.

The resolution highlights graduation is an especially significant occasion for Native students and families, considering that, at the time of the resolution’s adoption, the American Indian and Alaska Native high school graduation rate was 67 %— “the lowest of any racial or ethnic demographic across all schools in the U.S.” per the resolution. For the 2023-24 school year, CDE Ed-Data reports that the adjusted cohort graduation rate among American Indian or Alaska Native students in California was 79.6% compared to the statewide graduation rate of 86.4% for all students.

The National Congress of American Indians resolution supports “the right of American Indian and Alaska Native students to practice and express their traditional religious and spiritual beliefs and honor their academic and other achievements at commencement ceremonies and events” and urges “all schools to respect traditional tribal religious and spiritual beliefs by allowing Native students to practice their religious freedom.”

1. Committee Amendment. This bill seeks to explicitly prohibit LEAs from requiring students to wear a graduation cap if that cap is incompatible with an adornment. However, existing law defines “adornment” to mean the following:

“[S]omething attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.” [emphasis added]

To address the incompatibility of these provisions and ensure LEAs have uniform interpretations, the staff recommends the following amendment:

(1) “Adornment” means something attached to, worn with, or in place of, but not replacing, the cap, and or something attached to or worn with, but not replacing, the gown, customarily worn at school graduation ceremonies.

1. Prior and related legislation.

AB 945 (Ramos, Chapter 285, Statutes of 2021) requires the CDE to convene a task force to develop recommendations for best practices, protocols, and other policies that will address how to comprehensively implement all aspects of a student’s authority to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

AB 1248 (Gloria, Chapter 804, Statutes of 2018) authorizes a student to wear tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

AB 233 (Gloria) of the 2017-18 Session contained substantially similar language to AB 1248 and was vetoed by the Governor, who stated:

Students in California have a well-established right to express their views through symbolic acts under the state Education Code and the Free Speech Clause of the First Amendment. See Tinker v. Des Moines Independent Community School Dist. Under these precedents, student expression is clearly protected.

To the extent that there is a dispute about what a student can wear at school graduation ceremonies, I believe those closest to the problem -- principals and democratically elected school boards -- are in the best position to make wise judgments.

AB 2051 (Nakanishi, 2004) specified that a governing board of a school district that adopts a standard dress appearance policy include within the policy one of the following provisions: a parent or guardian may choose to exempt their son or daughter from the standard dress appearance policy; or if a school principal demonstrates that the exemption of a pupil from the standard dress appearance policy would result in safety concerns for pupils and staff at the school, the only way a parent or guardian may exempt their pupil from the standard dress appearance policy is by demonstrating an objection based on a religious or philosophical tenet. This bill was held in the Assembly Education Committee.

SUPPORT

California Indian Legal Services (Co-Sponsor)
CFT- A Union of Educators & Classified Professionals, AFT, AFL-CIO
Fresno Unified School District
Habematolel Pomo of Upper Lake
Karuk Tribe
Los Angeles County Office of Education

OPPOSITION

None received

-- END –

Date of Hearing: May 6, 2025

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

ABPCA Bill Id:AB 1369

Author:(Ramos) – As Introduced Ver:February 21, 2025

Proposed Consent

SUBJECT: Pupil rights: school graduation ceremonies and related events: adornments

KEY ISSUES:

1. should a public school student’S existing right to wear traditional tribal regalia or objects of religious and cultural signifIcance at school graduations be extended to include school events related to graduation?
2. should existing law specify that the right to wear adornments does not require pre-approval, and should the student and student’s family determine what constitutes “TRADITIONAL TRIBAL REGALIA OR OBJECTS OF RELIGIOUS AND CULTURAL SIGNIFICANCE” for these purposes?

SYNOPSIS

AB 1248 (Chap. 804, Stats. 2018.) authorized students to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies, so long as the school or school district does not determine that an item would likely cause a substantial disruption of the ceremony. This bill would extend a student’s authorization to wear an adornment to school events that are related to graduation and clarify that it is up to the student and student’s family to determine what constitutes traditional regalia or objects of religious or cultural significance. In addition, the bill would prohibit school authorities from requiring a preapproval process for a student to exercise these rights or requiring a student to wear a cap if the cap is incompatible with the adornment. According to the author, this change to existing law is necessary because, nearly eight years after the enactment of the original legislation, there are still reports of school districts refusing to allow adornments at school graduation ceremonies and related events.

The bill is sponsored by California Indian Legal Services and supported by several California tribes, educational associations and agencies, and ACLU Action. There is no opposition to this measure. The bill recently passed out of the Assembly Education Committee on consent.

SUMMARY: Strengthens and clarifies an existing statute that allows students to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Specifically, this bill:

1. Specifies that a student may wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the student and the student’s family, as an adornment at school graduation ceremonies or related school events.
2. Prohibits a local educational agency from requiring a pre-approval process for a student to exercise the right above or requiring the student wear a cap if the cap is incompatible with the adornment.

EXISTING LAW:

1. Permits students to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Specifies that nothing in this provision shall be construed to limit a local educational agency’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (Education Code Section 35183.1 (a).)
2. Defines, for purposes of the above, the following terms:
   1. “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.
   2. “Cultural” means recognized practices and traditions of a certain group of people.
   3. “Local educational agency” means a school district, county office of education, or charter school. (Education Code Section 35183.1 (b).)
3. Provides, notwithstanding any other law, that a student shall have the right to wear a dress uniform issued to the student by a branch of the United States Armed Forces at the student's high school graduation ceremony, so long as the student is otherwise eligible to participate and completed basic training for, and is an active member of, a branch of the United States military. (Education Code Section 35183.3.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: According to the author, this bill is need for the following reasons:

In 2018, the state passed legislation that recognized a student’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Despite the law and subsequent statutory reaffirmation of students’ rights, they and their families continue to face obstacles to exercising this legal prerogative. For our tribal communities, high school graduations are times of great celebration. Eagle feathers and other symbols of Native American significance are often presented by a proud community to the student as a way to recognize personal achievement. It is a means for the tribe not only to honor the student but also to share in and express pride in the graduate’s achievements. AB 1369 aims to add additional clarity in law to help reinforce all students’ rights to freedom of expression.

A long road: AB 233, a veto, AB 1248, AB 945, and a task force. This commonsense and straightforward legislation took a surprisingly long time to come to fruition. AB 233 (Gloria, 2017) would have given students in public schools the right to wear religious, ceremonial, and cultural adornments during a high school graduation ceremony. That bill, like the current bill before the Committee, was sponsored by California Indian Legal Services (CILS). At the time, CILS reported that every year as graduation neared, Native American students and their families reported to CILS that a local school had denied a student’s request to wear an eagle feather on their graduation cap, or prohibited a beaded adornment or traditional tribal sash.

Many Native American students, in California and elsewhere, seek to recognize both their academic achievement and their cultural heritage by wearing eagle feathers attached to their graduation caps or gowns. This desire sometimes clashes with school board policies that impose a general ban on students attaching any kind of adornment to caps and gowns. From the school district's point of view, a ban on adornments not only ensures uniformity, but it also places the focus of the ceremony on the academic nature of the achievement. However, for many Native Americans, their academic achievement cannot be separated from their cultural heritage and the support that the student has received from the Native American community in attaining this academic achievement. As CILS noted at the time, "given the low graduation rates of Native American students compared to the rest of the population, such an accomplishment is truly a cause of celebration." (Jed Parr and Laura Svoboda, "California Indian Legal Services," News from Native California 2016.)

Unfortunately, while AB 233 passed out of every policy committee unanimously and received only one negative floor vote in the Assembly, Governor Brown vetoed the bill. The Governor did not oppose the intent of the bill, and he agreed that under decisions like Tinker v. Des Moines Independent Community School Dist. (1969) 393 U.S. 503, 506, such adornments constituted protected student speech. As such, a school could not completely prohibit such items unless they disrupt the ceremony or interfere with the educational mission of the school. The Governor believed that local districts were best positioned to undertake this balancing test. The following year, AB 1248 (Chap. 804, Stats. 2018) began as a nearly identical version of AB 233. As that bill moved through the process, it was amended to, among other things, tighten the language in the bill that gave the local educational agency discretion to prohibit an item that was likely to cause substantial disruption of, or a material interference with, the ceremony. These changes apparently satisfied then-Governor Brown, and he signed AB 1248.

However, CILS continued to receive reports that some (though not all) schools were still interfering with a student’s ability to exercise the right afforded by AB 1248. Three years after AB 1248 became law, the author of the present bill introduced AB 945 (Chap. 285, Stats. 2021). AB 945 required the California Department of Education to convene a task force to develop recommendations for best practices, protocols, and other policies that would address how to comprehensively implement all aspects of a student's right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Although the task force was supposed to provide a report to the Legislature on or before April 1, 2023, that has still not happened. According to the California Department of Education website, the task force held a meeting as late as April l0, 2025, but there is no indication as to when or if a report that was due two years ago is forthcoming. In the meantime, CILS continues to receive reports of students confronting obstacles, including pre-approval processes, questions about whether the adornment constitutes “traditional regalia” or items of “religious or cultural significance,” or requiring students to wear graduation caps that are incompatible with wearing the adornment.

This bill seeks to restore the reasonableness that was seemingly at the heart of the original legislation. That is, given that schools retain the right to prohibit any item or adornment that would materially disrupt the ceremony or the educational mission, it seems reasonable to give a student and their family greater leeway in deciding for themselves what constitutes traditional regalia and what has religious or cultural “significance.” Specifically, this bill would extend a student’s right to wear an adornment to school events that are related to graduation and clarify that it is up to the student and student’s family to determine what constitutes traditional regalia or objects of religious or cultural significance. In addition, the bill would prohibit school authorities from requiring a preapproval process for a student to exercise these rights or requiring a student to wear a cap if the cap is incompatible with the adornment.

ARGUMENTS IN SUPPORT: California Indian Legal Services, the sponsor, writes:

The right to wear Tribal regalia and culturally significant adornments at graduation is not only a matter of cultural identity and pride but is enshrined in the United States and California Constitutions. This is affirmed by California Education Code 35183.1, added into law by AB 1248 (Gloria, 2018). Of course, in 2021, you authored AB 945 to strengthen school districts’ compliance with this law. However, CILS continues to receive complaints from our statewide Tribal community that local school officials continue to object when Native students wish to wear items such as eagle feathers, Native American sashes, beaded or basket caps, or other items reflecting their culture and heritage, in violation of state law. CILS believes that AB 1369 can help address a host of challenges Native students confront as they seek to exercise the benefits existing law promotes and protects.

In specific, these challenges involve both interpretation and implementation issues. Typical of a statewide trend, some school districts exploit the discretionary language of AB 1248 to undermine its projections through their own crabbed interpretation of what is traditional and customary tribal regalia. Native students assert their sincerely held traditions and customs when they wear their regalia at their graduations. The law does not empower school officials to second-guess tribal customs and traditions. They are obliged to keep students safe and avoid unnecessary disruption of the graduation ceremony.

Also typical of a statewide trend among districts is the pre-approval requirement. Students must submit their regalia to the districts for pre-approval, in what could be described as certification process. No regalia is permitted without a pre-approval “certificate.” The process is usually poorly advertised, and the requirements are often unclear. While the pre-approval process is an implementation flaw, it is the pre-approval process itself, even without its flaws, that prevents or chills Native students from even attempting to benefit from their AB 1248 protections. This chilling effect undermines the whole purpose of the law and needs correction if its benefits are to be realized.

As the 2025 graduations begin, we trust AB 1369 can help Native students exercise their full regalia freedoms. These freedoms help us all to honor their achievements together with their Tribes, communities, and families.

REGISTERED SUPPORT / OPPOSITION:

Support

California Indian Legal Services (sponsor)

ACLU California Action

California Indian Nations College

CFT- a Union of Educators & Classified Professionals

Cher-Ae Heights Indian Community of the Trinidad Rancheria

California Nations Indian Gaming Association

Fresno Unified School District

Habematolel Pomo of Upper Lake

Indigenous Justice

Los Angeles County Office of Education

Riverside-San Bernardino County Indian Health, INC.

Tule River Tribe

Yocha Dehe Wintun Nation

Opposition

None on file

Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334

Date of Hearing: April 9, 2025

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 1369 (

Author:Ramos) – As Introduced Ver:February 21, 2025

[Note: This bill is double referred to the Assembly Judiciary Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: Pupil rights: school graduation ceremonies and related events: adornments

SUMMARY: Prohibits a local educational agency (LEA) from requiring a preapproval process for a student to exercise their right to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation or from requiring a student to wear a cap that is incompatible with the adornment. Specifically, this bill:

1. Prohibits an LEA from requiring a preapproval process for a student to exercise their right to wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the student and their family, as an adornment at school graduation or related school events.
2. Prohibits an LEA from requiring a student to wear a cap at school graduation if the cap is incompatible with the adornment.

EXISTING LAW:

1. Authorizes a student to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Specifies that this does not limit an LEA’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (Education Code (EC) 35183.1)
2. Defines the following terms:
   1. “Adornment” means something attached to or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.
   2. “Cultural” means recognized practices and traditions of a certain group of people. (EC 35183.1)
3. Authorizes the governing board of school districts to adopt a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if deemed necessary for the health and safety of the school environment (EC 35183).
4. Specifies that a pupil has the right to wear a dress uniform issued by a branch of the United States Armed Forces during his or her high school graduation ceremony, if he or she has met the graduation requirements and is an active member of the United States Armed Forces (EC 35183.3).

FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as non-fiscal.

COMMENTS:

Need for the bill. According to the author, “In 2018, the state passed legislation that recognized a student’s right to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies. Despite the law and subsequent statutory reaffirmation of students’ rights, they and their families continue to face obstacles to exercising this legal prerogative. For our tribal communities, high school graduations are times of great celebration. Eagle feathers and other symbols of Native American significance are often presented by a proud community to the student as a way to recognize personal achievement. It is a means for the tribe not only to honor the student but also to share in and express pride in the graduate’s achievements. AB 1369 aims to add additional clarity in law to help reinforce all students’ rights to freedom of expression.”

California law authorizes wearing of certain graduation adornments. A 2018 law authorizes a pupil enrolled in a California public school to wear tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. However, current law does not limit an LEA’s discretion and authority to prohibit items that are likely to cause a substantial disruption of, or material interference with, the ceremony.

A 2024 letter from the Superintendent of Public Instruction (SPI) to superintendents and principals notes:

As we commemorate the dedication and accomplishments of our students, I urge you to implement policies that embrace culturally inclusive ceremonies and preserve the rights of our Native students. Let us ensure that these policies reflect and pay homage to the rich diversity present among our students and their families.

I encourage you to take the time to review the portion of the California Education Code cited in this letter as well as local policies and explore opportunities for students to honor their heritage, which is crucial for creating an inclusive and supportive environment. As policies are reviewed, the California Department of Education (CDE) recommends engaging with tribal leaders and American Indian communities to gain a deeper understanding of their traditions and values. Meeting with these community members allows for meaningful dialogue where perspectives can be shared and considerations for cultural practices can be incorporated into graduation ceremony policies. By collaborating in this way, educational institutions can demonstrate respect for cultural diversity and create opportunities for students to celebrate their heritage proudly.

The CDE deeply appreciates your dedication to ensuring that all students feel valued in their educational journey. We are committed to upholding our students’ cultural traditions and ensuring that graduation ceremonies are inclusive and reflective of the rich diversity within our student population.

Native American Graduation Adornments Task Force (NAGAT). AB 945 (Ramos) Chapter 285, Statutes of 2021 requires the CDE to convene a task force to develop recommendations for best practices, protocols, and other policies that will address how to comprehensively implement all aspects of a student's authority to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

According to the CDE website, the NAGAT was to hold at least four public meetings between September 2023 and May 2024 and to submit a report to the Legislature that includes its findings and policy recommendations to ensure full implementation of the law regarding graduation adornments.

The CDE website provides guidance on filing complaints with the CDE on the basis of discrimination based upon a protected class, or with the U.S. Department of Education’s Office of Civil Rights under title VI on the basis of a policy that disproportionately and negatively affects students of a particular race, ethnicity, or national origin.

Research identifies violations of graduation dress code. A report by the American Civil Liberties Union Foundation (ACLU) and the California Indian Legal Services (Mendoza, 2024) identified violations of Indigenous students’ rights regarding graduation dress codes in the high schools of the 50 LEAs studied. 56% of the LEAs require students to undergo a pre-approval process to wear tribal regalia or cultural or religious adornments at graduation. This pre-approval timeline ranges from 5 to 14 days before graduation.

The study also found significant inconsistencies between district policies and individual high school handbooks, with many handbooks either not aligning with district policies or providing no information about graduation dress codes. Schools that received federal Title VI funds designated for the education of Native American students were found to have a higher likelihood of explicitly permitting tribal regalia.

The study reports that districts with higher suspension rates for Native American students tended to have stricter graduation attire policies, suggesting that districts with more punitive approaches to discipline might also be less accommodating of cultural or religious expressions.

Examples of districts barring students from wearing adornments at graduation were cited, including the following:

• In 2023, a school’s graduation policy prohibited students from wearing leis at graduation, urging students to keep the ceremony “classy”. A Native Hawaiian family successfully advocated for their child’s right to wear the lei at graduation;
• In 2023, a student who was graduating from the Elk Grove Unified School District was denied the right to wear his regalia at graduation, citing first that the family missed the deadline to request pre-approval to wear items in addition to the cap and gown at graduation, then attempting to limit the student’s regalia to only one item, and subsequently requiring the eagle feather to be no longer than the tassel; and
• In 2024, the Clovis Unified School District denied a student’s right to wear his regalia. School staff cited that the student had not filled out a pre-approval form as the primary reason he could not wear his regalia, regardless of the law.

Significance of eagle feathers and high school graduation. In 2015, the National Congress of American Indians adopted a resolution in support of allowing Native students to wear eagle feathers at high school graduation ceremonies. American Indian and Alaska Native high school students from across the country are given eagle feathers to be worn at graduation ceremonies as a form of practice and expression of spiritual and religious beliefs. The feathers are also given for the students' leadership and academic achievement, as a sign of maturity, to signify the achievement of this important educational journey, and to honor the graduate and his or her family, community, and tribal nation. American Indian and Alaska Native high school students seek to express and practice their religious and spiritual beliefs as well as celebrate their personal academic achievements, leadership, and transition into adulthood by wearing an eagle feather at their graduation ceremony.

Moreover, according to many Native American religious and spiritual traditions, eagle feathers are given only in times of great honor and often to mark significant personal achievements. For many Native students, receiving an eagle feather in recognition of high school graduation is as significant as earning the diploma. For the 2023-24 school year, the cohort graduation rate among American Indian students in California was 80.1%, versus the statewide graduation rate of 86.7% for all students.

California has nation’s highest concentration of Native American/Alaska Native people. According to most recent census data, California is home to more people of Native American/ Alaska Native heritage than any other state in the country. There are currently 109 federally recognized Indian tribes in California and several non-federally recognized tribes petitioning for federal recognition through the Bureau of Indian Affairs.

According to the California Department of Education (CDE), in 2023-24 there were 25,424 pupils enrolled in California public schools identified as American Indian or Alaska Natives, representing .4% of the total enrollment statewide.

Student dress as expression of views or beliefs. Courts have recognized that students clothing choices can communicate political or social stances as well as religious beliefs and that these actions may be protected under the First Amendment. Many school districts have implemented dress codes and/or school uniforms as a means of increasing discipline and school safety. Federal judges in several states have upheld school uniform policies which have been challenged by students and parents.

Arguments in support. California Indian Legal Service (CILS) writes, “The right to wear tribal regalia and culturally significant adornments at graduation is not only a matter of cultural identity and pride but is enshrined in the United States and California Constitutions. However, CILS continues to receive complaints from our statewide tribal community that local school officials continue to object when Native students wish to wear items such as eagle feathers, Native American sashes, beaded or basket caps, or other items reflecting their culture and heritage, in violation of state law. CILS believes that AB 1369 can help address a host of challenges Native students confront as they seek to exercise the benefits existing law promotes and protects.

In specific, these challenges involve both interpretation and implementation issues. Typical of a statewide trend, some school districts exploit the discretionary language of AB 1248 to undermine its projections through their own crabbed interpretation of what is traditional and customary tribal regalia. Native students assert their sincerely held traditions and customs when they wear their regalia at their graduations. The law does not empower school officials to second-guess tribal customs and traditions. They are obliged to keep students safe and avoid unnecessary disruption of the graduation ceremony.

Also typical of a statewide trend among districts is the pre-approval requirement. Students must submit their regalia to the districts for pre-approval, in what could be described as certification process. No regalia is permitted without a pre-approval certificate. The process is usually poorly advertised, and the requirements are often unclear. While the pre-approval process is an implementation flaw, it is the pre-approval process itself, even without its flaws, that prevents or chills Native students from even attempting to benefit from their AB 1248 protections. This chilling effect undermines the whole purpose of the law and needs correction if its benefits are to be realized.”

Related legislation. AB 945 (Ramos) Chapter 285, Statutes of 2021, requires the CDE to convene a task force to develop recommendations for best practices, protocols, and other policies that will address how to comprehensively implement all aspects of a student's authority to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

AB 1248 (Gloria) Chapter 804, Statutes of 2018, authorizes a student to wear tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

AB 233 (Gloria) of the 2017-18 Session contained substantially similar language to AB 1248 and was vetoed by the Governor, who stated:

Students in California have a well-established right to express their views through symbolic acts under the state Education Code and the Free Speech Clause of the First Amendment. See Tinker v. Des Moines Independent Community School Dist. Under these precedents, student expression is clearly protected.

To the extent that there is a dispute about what a student can wear at school graduation ceremonies, I believe those closest to the problem -- principals and democratically elected school boards -- are in the best position to make wise judgments.

AB 2051 (Nakanishi) of the 2003-04 Session specified that a governing board of a school district that adopts a standard dress appearance policy include within the policy one of the following provisions: a parent or guardian may choose to exempt their son or daughter from the standard dress appearance policy; or if a school principal demonstrates that the exemption of a pupil from the standard dress appearance policy would result in safety concerns for pupils and staff at the school, the only way a parent or guardian may exempt their pupil from the standard dress appearance policy is by demonstrating an objection based on a religious or philosophical tenet. This bill was held in the Assembly Education Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

ACLU California Action

California Indian Legal Services

Fresno Unified School District

Habematolel Pomo of Upper Lake

Indigenous Justice

Tule River Tribe

Opposition

None on file

Analysis Prepared by: Debbie Look / ED. / (916) 319-2087