Know Your Rights: Graduation Regalia Resources Guide
By Tavi Lorelle Carpenter
It’s coming to the time of the year when we are entering into graduation season; a big congratulations to all our California Native graduates! When I graduated, I was proud to wear a special stole made for me in my school colors with a basket pattern and abalone. I designed my whole look to match the abalone.
Unfortunately, some Native students are still facing opposition to wearing their graduation regalia. According to the ACLU, they still receive reports from students each year, some of which we see on social media but some of which we don’t. In light of this reality, I thought putting together a collection of resources would be worthwhile. Though I know graduations have either already happened or are right around the corner, I hope these resources will be helpful for those just about to attend graduation or for our future graduates.
I will be pulling from California Indian Legal Services, ACLU Northern California, and ACLU of Southern California.
AB 1248 is a state law that protects students’ rights to “express their cultural customs and practices at their graduation ceremonies” (CILS website)
The language used specifically in the AB 1248, Education Code section 35183.1 is the following:
35183.1 (a) 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.
(b) For purposes of this section, 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 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.
Some important things to note:
- A substantial disruption or material interference refers to something that would “encourage violations of school rules or illegal activities”. (My School My Rights Know Your Rights Pamphlet)
- There are no federal recognition requirements or enrollment requirements stated in AB 1248
- AB 1248 specifically speaks for students in K-12 but according to the CILS’ website, the “principles of AB 1248 should apply to college graduations”. Religious freedom laws and the First Amendment may also offer another resource, which is explained in greater detail on the ACLU website. Additionally, Title VI states that federally funded schools cannot discriminate based on race, ethnicity, or national origin; this includes policies that were not intended to be discriminatory but that “disproportionately and negatively” impact students of a particular race, ethnicity, or national origin.
Here is a Google Drive resources guide that includes toolkits, letter templates for self-advocacy, and more:
Tribal Regalia at Graduation Resources – Google Drive(opens in a new tab)
Another article for review is from the ACLU:
ACLU “Know Your Rights: Tribal Regalia article
This article answers questions such as:
- What is tribal regalia?
- Do Indigenous students have a legal right to wear tribal regalia at graduation ceremonies?
- What can I do if my public school is refusing to let me wear tribal regalia at graduation?
- Why is it important to allow indigenous students to wear tribal regalia at graduation?
- How can I share my story about my effort to wear tribal regalia at graduation?
It also includes templates for state-specific self-advocacy letters, including those for California.
Here is a link to the Education code as it is written from the California Legislative Information website:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=35183.1.&lawCode=EDC
The website, “My School My Rights” is an excellent resource for more information about graduation regalia and your rights as a student in public school.
They currently have three articles dedicated to the topic:
1. Student Rights to Tribal, Cultural, and Religious Objects at Graduation
3. Preserving Our Cultural Rights at Graduation
This video from Indian Country Today published on April 30, 2024 provides valuable information including tips for Native students wanting to wear graduation regalia:
Lastly, from California Indian Legal Services posted an informative article that includes frequently asked questions and provides a letter and tool kit. They also provide a resource to contact if you are a Native high school student facing obstacles from your school in regards to wearing your graduation regalia.
Tribal Regalia at Graduation from California Indian Legal Services.
The ACLU also provides a contact for students.
ACLU of Northern California Intake Line: (415) 621-2488
ACLU of Southern California (213) 977-5253
