An act to amend Section 35183.1 of the Education Code, relating to pupil rights.
Summary
AB 1369 expands California’s pupil-rights protections for graduation-related attire. Existing law already allowed students to wear traditional tribal regalia or recognized religious or cultural objects as adornments at graduation ceremonies; this bill extends that protection to school events related to graduation as well. It also makes clear that the student and the student’s family decide what qualifies as traditional regalia or a recognized religious or cultural object.
The bill further prohibits local educational agencies from imposing a preapproval process before a student may wear an adornment, and from requiring a student to wear a cap if the cap would be incompatible with the adornment. It also revises the definition of “adornment” so that, with respect to caps, the item may be attached to, worn with, or worn in place of the cap, while preserving the existing rule that adornments may be attached to or worn with, but not replace, the gown. Local educational agencies still retain authority to prohibit items that would substantially disrupt or materially interfere with the ceremony.
Impact
AB 1369 amends Section 35183.1 of the Education Code and broadens the scope of student expression protections at graduation and related events. It affects school districts, county offices of education, and charter schools by limiting their ability to require advance approval or mandate cap use when doing so would conflict with a student’s adornment. The bill does not eliminate school authority to restrict items that would cause substantial disruption or interference, so local control remains in place for ceremony management and discipline.
Sentiment
The available voting history shows strong, unanimous support throughout the legislative process, with no recorded opposition in committee or on the floor. The bill moved through committees and both houses on consent or near-consent tracks, suggesting broad agreement that it is a modest, rights-expanding clarification rather than a controversial policy shift. The absence of committee transcripts limits insight into debate, but the recorded votes indicate a generally favorable and nonpartisan reception.
Contention
The main policy tension is between student/family autonomy over cultural, tribal, and religious expression and local educational agencies’ desire to manage graduation ceremonies consistently. The bill addresses that tension by explicitly preserving school authority to block disruptive items while preventing schools from using preapproval requirements or cap mandates to burden students’ adornments. Any potential contention would likely center on how schools interpret “incompatible” adornments, what counts as a related graduation event, and how far the student-and-family determination of cultural or religious significance extends.
An act to amend Sections 44671 and 49600 of, and to add Chapter 8 (commencing with Section 52210) to Part 28 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.
An act to add Section 37224 to, and to add Article 12 (commencing with Section 66095) to Chapter 2 of Part 40 of Division 5 of Title 3 of, the Education Code, and to amend Sections 11131 and 54961 of the Government Code, relating to holidays.
A resolution expressing gratitude to the Joint Congressional Committee on Inaugural Ceremonies, the Architect of the Capitol, the Sergeant at Arms, the Secretary of the Senate, law enforcement officers, emergency personnel, and volunteers for their support in making the Presidential Inauguration a success.