1. (1) As used in this section, unless the context otherwise requires:

   1. (a) 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.
   2. (b) 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.
   3. (c) Qualifying student means a student that is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state- recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.

   4. (d) Tribal regalia means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance:

      1. (I) Tribal symbols;
      2. (II) Beads; and
      3. (III) Feathers, in line with the Migratory Bird Treaty Act of 1918.
   5. (e) Tribe means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.
2. (2) A qualifying student may wear and display tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.

3. (3)

   1. (a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is:

      1. (I) An enrolled member of a tribe;
      2. (II) Eligible to be enrolled as a member of a tribe; or
      3. (III) A lineal descendant of a tribally enrolled parent or grandparent.
   2. (b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.
4. (4) A public institution of higher education shall not prohibit a qualifying student or immediate family member of the qualifying student from wearing and displaying tribal regalia at a graduation ceremony.

Source: L. 2023: Entire section added, (SB 23-202), ch. 149, p. 633, § 2, effective May 4.