Cultural and Religious Protections Expanded for Native American Students

Public Act 209 of 2024, effective April 2, 2025, adds Revised School Code Section 1300, which will require schools to allow a Native American individual to wear traditional regalia and bring traditional objects to ceremonies of honor. Notably, this law will apply to this school year’s graduation ceremonies.

“Traditional regalia” means any cultural, religious, or ceremonial clothing or wearable items representing a Native American’s tribal or ancestral traditions.

“Traditional objects” refers to cultural, religious, or ceremonial items or objects that hold tribal or ancestral meaning, significance, or importance for a Native American.

Both definitions expressly exclude dangerous weapons and inhalable, chewable, or edible tobacco products.

“Ceremonies of honor” include any formal or informal public occasions celebrating academic, athletic, and other student achievement, such as graduation, commencement, convocation, and honor society events.

In recent years, we have received questions about whether Native American students’ requests to include culturally significant items on their graduation caps (e.g., an eagle feather) must be accommodated despite a school having a “no cap decorating” policy. With the addition of Public Act 209, the answer to that question is likely yes.          

To comply with this new legislation, school officials should review applicable board policies, handbooks, dress code requirements, and other communications about graduation to determine whether a carve out may be necessary to comply with Public Act 209 and allow tribal regalia and traditional objects at ceremonies of honor. Should your school require assistance with such a review, please contact a Thrun attorney.