Section 26.5-1-114 - Tribal regalia at preschool graduation ceremonies - definitions(1) As used in this section, unless the context otherwise requires:(a) "Graduation attire" means attire that a preschool requires a student to wear as part of the dress code for a graduation ceremony.(b) "Qualifying student" means a student who is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state-recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.(c) "Tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance: (III) Feathers, in line with the "Migratory Bird Treaty Act of 1918".(d) "Tribe" means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.(2) A qualifying student may wear tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.(3)(a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is: (I) An enrolled member of a tribe;(II) Eligible to be enrolled as a member of a tribe; or(III) A lineal descendant of a tribally enrolled parent or grandparent.(b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.(4) A preschool shall not prohibit a qualifying student or the qualifying student's immediate family from wearing and displaying tribal regalia at a graduation ceremony.(5) This section applies to all preschool graduations.Added by 2023 Ch. 149,§ 3, eff. 5/4/2023.