Wearing cultural or religious objects at preschool graduation ceremonies - definitions

(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, creed, ethnicity, 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 26.5-1-114, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. (c) "Graduation attire" means attire that a preschool requires a student to wear as part of the dress code for a graduation ceremony. (d) "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 preschool'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 preschool shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a preschool'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 preschool'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 preschool 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 August 1, 2024, a public preschool provider, as defined in section 26.5-5-303, shall develop and adopt a policy that aligns with the requirements of this section. (6) This section applies to a graduation held by a public preschool provider, as defined in section 26.5-5-303. (7) This section does not limit the rights of certain individuals to wear tribal regalia to a public preschool graduation, as described in section 26.5-1-114.