(1) As used in this section, unless the context otherwise requires: (a) "Adornment" means something attached to, or worn with, but not replacing or covering in its entirety, graduation attire, and is not limited to decorating graduation caps. (b) "Cultural" means a recognized practice or tradition of a certain group of people and includes only a protected class based on disability, race, ethnicity, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. "Cultural" does not include objects related to tribal regalia as defined in section 22-1-142, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. (c) "Graduation attire" means attire that a public school, school district, charter school institute, or board of cooperative services requires a student to wear as part of the dress code for a graduation ceremony. (d) "Public school" means a school, including a district charter school, of a school district; a school operated by a board of cooperative services; an institute charter school; or the Colorado school for the deaf and the blind. (e) "Student" means an individual participating in the graduation ceremony as a graduate. (2) A student may wear recognized objects of cultural or religious significance as an adornment during the student's graduation ceremony. An adornment worn by a student must comply with the public school's, school district's, charter school institute's, or board of cooperative services' dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture. (3) A public school, school district, charter school institute, or board of cooperative services shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a public school's, school district's, charter school institute's, or board of cooperative services' dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture. (4) (a) This section does not limit a public school's, school district's, charter school institute's, or board of cooperative services' ability to prohibit an adornment that is likely to cause substantial disruption of, or material interference with, the graduation ceremony. (b) A prohibition imposed by a public school, school district, charter school institute, or board of cooperative services pursuant to subsection (4)(a) of this section must be: (I) Based on evidence of disruption rather than relying on an undifferentiated fear or apprehension of disturbance; and (II) By the least restrictive means necessary. (5) On or before the start of the 2024-25 school year, a public school, school district, charter school institute, or board of cooperative services shall develop and adopt a policy that aligns with the requirements of this section. (6) This section applies to all public school graduations, including, but not limited to, kindergarten, elementary school, middle school, junior high school, and high school graduations. (7) This section does not limit the rights of certain individuals to wear tribal regalia to a public school graduation, as described in section 22-1-142.
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