Tribal Regalia at Graduation
California Education Code Section 35183.1 allows Native students to wear “traditional tribal regalia or recognized objects of cultural or religious significance” as adornment at school graduation ceremonies.
As a Native student, you deserve to honor your heritage and culture at your graduation. If you've faced disapproval from your school administration about wearing your tribal regalia, remember that you have the legal right to do so. California Indian Legal Services is here to help you assert and protect your rights under Education Code Section 35183.1.
In California, Native students hold the legal right to proudly wear their tribal regalia during commencement ceremonies. Despite this, numerous school administrations have created barriers, leaving students feeling discouraged from embracing their tribal heritage. CILS encourages students to defy these obstacles and assert their rightful celebration of their tribal cultures at graduation. Together, we stand for cultural pride and resilience, ensuring that Native students' heritage is honored and celebrated.
In an effort to support students who may face discrimination from schools that deny them the right to wear tribal regalia, CILS has created a toolkit that provides useful resources to empower students to advocate for themselves. This toolkit includes a signed letter that students can present to their school administration, highlighting the legality of Education Code Section 35183.1 and the students' right to wear tribal regalia.
Despite the availability of these resources, it is possible that some schools may still refuse to recognize a student's rights. In such cases, we strongly encourage students to contact our offices immediately for further action. We are committed to protecting the rights of Native students and will work tirelessly to ensure that such discriminatory practices are brought to light and addressed.
If you're a Native student facing opposition from your school regarding wearing tribal regalia at your graduation ceremony, don't hesitate to reach out to the CILS office in your county. We're here to support you every step of the way, guiding you through the process of addressing the issue with your school administration and how to use our letter template. If necessary, we'll escalate the matter to ensure you can proudly celebrate your cultural heritage during this important milestone. Your cultural identity matters, and we're here to help you assert it.
Know Your Rights: Tribal Regalia at Graduation Webinar
It's Not a Distraction, It's My Culture
School administrations frequently prohibit Native students from wearing their tribal regalia at graduation ceremonies, citing it as a distraction. However, this policy is discriminatory as it undermines the cultural identity and heritage of Native students. CILS stands as an advocate to fight against such discrimination, empowering Native students to assert their rights and celebrate their cultural heritage without fear of retaliation.
Frequently Asked Questions
What is Education Code Section 35183.1?
The Education Code states:
(a) A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the pupil and the pupil’s family, as an adornment at school graduation ceremonies or related school events.
(b) A local educational agency shall not require either of the following:
(1) A preapproval process for a pupil to exercise the pupil’s rights pursuant to subdivision (a).
(2) A pupil to wear a cap if the cap is incompatible with the adornment.
(c) This section does not 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.
(d) For purposes of this section, the following definitions apply:
(1) “Adornment” means either of the following:
(A) Something attached to, worn with, or worn in place of, the cap customarily worn at school graduation ceremonies.
(B) Something attached to or worn with, but not replacing, the gown customarily worn at school graduation ceremonies.
(2) “Cultural” means 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.[1]
[1] Cal. Educ. Code §35183.1 (1998) (effective Jan. 1, 2026)
Do Native students need to be members of California Tribes to wear regalia at public school graduation ceremonies?
No. Students who are members of an out-of-state tribe can wear Tribal regalia at their graduation ceremony.
Does Education Code 35183.1 apply if I'm not enrolled in a tribe?
There are no enrollment or official membership requirements in the Education Code. All Native students are protected by Education Code 35183.1.
Does Education Code Section 35183.1 apply if my tribe isn't federally recognized?
There are no federally recognized Tribe requirements in the Education Code. All Tribes and their students enjoy the laws' protections
Does Education Code 35183.1 apply if I go to a private school?
It does not apply to private schools. However, the value of expressing Native culture at graduation is the same whether the school is public or private. We encourage all Native students to participate in cultural expressions that enhance, enliven, and enrich graduation ceremonies and help the whole community acknowledge the outstanding achievements of our Native students, whether they are graduating from public or private schools.
Does Education Code 35183.1 apply to college graduation ceremonies too?
The code does not apply to college graduations. However, the principles of the code extend to college graduations. All college students, whether in public or private colleges, should be able to express and honor their unique Native cultures consistent with Education Code 35183.1.
What counts as "tribal regalia" under Education Code Section 35183.1?
Under the Education Code, Tribal regalia means objects that are part of a recognized custom, practice, or tradition. It is the Native student’s decision to determine what regalia is significant, traditional, or recognized.
School officials are not qualified to evaluate traditional and cultural regalia and are not empowered to make these decisions. Regalia decisions are reserved for Native students, their families, and Tribal communities. A school official’s “second guessing” a student's decision to wear regalia is just another impermissible form of regalia screening.
Do I need my school's permission to wear my tribal regalia?
No. School pre-approval and pre-screening requirements are not allowed. These requirements discourage full Native student participation in graduation ceremonies and invite school officials to “second guess” regalia-wearing decisions. Native students cannot be limited to wearing only officially approved regalia.
Should I notify my school officials in advance that I will be wearing traditional or cultural regalia at graduation?
Not Required but Good Practice. A Native student does not need pre-approval from the school to wear regalia. However, to avoid any misunderstandings or problems at the graduation ceremony, it may be to your benefit to inform school officials that you intend to wear traditional or cultural regalia at the graduation ceremony. It can be made clear that you are not seeking the school’s pre-approval but are doing so as a courtesy so that there are no unanticipated issues or problems on the day of graduation.
If your school officials seem unaware of the new law, please notify CILS at our contact information below.
Can school officials prohibit regalia wearing?
Possibly. School officials can only stop a student from wearing regalia if it “is likely to cause a substantial disruption of or material interference with a graduation ceremony.” This is a high standard for a school to meet and would require some showing that the regalia is basically incompatible with the conduct of a graduation ceremony. The regalia would have to be obscene or represent a clear and present danger of violence or unlawful activity. Abstract fears of material disturbance will not support a school’s ban on traditional or cultural regalia. A school’s prohibition must be based on specific facts that reasonably lead school officials to predict material interference or substantial disruption. A school’s goal of presenting a graduating class as a unified, uniform group cannot be the basis for banning Native regalia.
Students make their decision to wear regalia with their families and communities in good faith based on their sincere beliefs. Decisions made under these conditions cannot be disruptive or interfere with the conduct of a graduation ceremony.
Contact Our Offices If Your Rights Are Denied
If you're a Native high school student facing obstacles in wearing your tribal regalia during commencement, please reach out to our offices so that we can uphold your protected rights under AB 1248.