(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 23-1-137.5, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. (c) "Graduation attire" means attire that a public institution of higher education requires a student to wear as part of the dress code for a graduation ceremony. (d) "Public institution of higher education" means a public college, university, community college, area technical college, educational center, local district college, or junior college that is supported in whole or in part by general fund money. (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. If a public institution of higher education has a dress code policy, an adornment worn by a student must comply with the public institution of higher education's 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 institution of higher education shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a public institution of higher education's 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 institution of higher education's ability to prohibit an adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony. (b) A prohibition imposed by a public institution of higher education 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 institution of higher education shall develop and adopt a policy that aligns with the requirements of this section. (6) This section applies to all public institutions of higher education graduations. (7) This section does not limit the rights of certain individuals to wear tribal regalia to a public institution of higher education's graduation, as described in section 23-1-137.5.
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