Bill Text: CA AB1248 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupils: wearing of traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-27 - Chaptered by Secretary of State - Chapter 804, Statutes of 2018. [AB1248 Detail]

Download: California-2017-AB1248-Amended.html

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Amended  IN  Senate  August 24, 2018

Amended  IN  Assembly  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1248

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Introduced by Assembly Member Gloria

February 17, 2017

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An act to add Section 35183.1 to the Education Code, relating to pupils.

LEGISLATIVE COUNSEL'S DIGEST

AB 1248, as amended, Gloria. Pupils: right to wear religious, ceremonial, or cultural adornments wearing of traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies.

Existing law authorizes the governing board of any school district to adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing gang-related apparel. Existing law authorizes these actions if the governing board of the school district approves a plan, which may be initiated by an individual school’s principal, staff, or parents, and determines that the policy is necessary for the health and safety of the school environment. Existing law also authorizes individual schools to include the reasonable dress code policy as part of their school safety plans. Existing law prohibits a dress code policy adopted pursuant to this provision from precluding pupils who participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting.

This bill would declare that, notwithstanding any other law, provide that a pupil has the right to wear religious, ceremonial, or cultural adornments, as defined, may wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment, as defined, at school graduation ceremonies. The bill would also declare that nothing in its provisions 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 or to expand or diminish any pupil rights established under specified provisions related to school dress codes and pupil freedom of speech. ceremony.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 35183.1 is added to the Education Code, to read:

35183.1.

 (a) Notwithstanding any other law, a pupil has the right to wear religious, ceremonial, or cultural adornments A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. Nothing in this section 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 or to expand or diminish any pupil rights established under Section 35183 or 48950. ceremony.

(b) For purposes of this section, the following terms have the following meanings:

(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 relating to the habits, practices, beliefs, 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.