A report by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, and California Indian Legal Services shines a spotlight on the troubling violations of Indigenous students’ rights in California. Graduation is a time for celebration, but too many students are being denied their right to wear cultural and religious adornments—despite clear legal protections. In our research, we reviewed 50 local educational agencies, mostly school districts, and found that over 50% of them impose burdensome pre-approval processes, often deterring students from fully expressing their heritage at graduation. This is a form of cultural suppression that we must stop. Our policy recommendations aim to create a more inclusive and respectful environment in our schools. Read the full report to learn more about how we can support Indigenous students and their right to cultural self-expression.
The report, California’s Graduation Dress Codes: Violations of Indigenous Students’ Rights to Self-Determination and Cultural Preservation,” was developed through a collaborative investigation by the ACLU Foundation of Southern California, ACLU Foundation of Northern California, and California Indian Legal Services. In the attached report, you will find a letter by Heather Hostler, CILS’ Executive Director, announcing the release of the report.
For many graduation cycles, our three organizations have represented or supported Indigenous, immigrant, and families of color in cases where students were denied the right to wear cultural or religious adornments at graduation. While some students were able to exercise their rights after enduring difficult conversations with school staff, many others faced opposition, demonstrating that despite federal and California law, schools continue to violate students’ rights. To support families and advocates, in 2023 and 2024, we partnered to create a toolkit and webinar on students’ rights to wear tribal regalia at graduation. These resources have been instrumental in educating families and advocates about how to protect students’ rights in the face of continued opposition from some schools.
Together, we released our report, the first of its kind, highlighting a troubling pattern of violations against Indigenous students’ rights to wear tribal regalia and culturally or religiously significant adornments at their high school graduation ceremonies. These violations persist despite clear legal protections under both federal and California state laws, including Education Code section 35183.1. Our investigation revealed systemic issues, including:
- 56% of school districts impose unnecessary pre-approval processes that deter students from expressing their tribal or cultural heritage at graduation.
- 28% of school districts fail to publicly affirm students’ rights to wear tribal regalia, and some schools privilege military dress while restricting cultural or religious adornments.
- Confusing and contradictory policies at both district and school levels, leading to widespread non-compliance with state and federal laws.
The report provides the following key recommendations to protect students’ rights:
- Eliminate pre-approval processes for tribal regalia and cultural adornments.
- Standardize district policies to clearly affirm students’ rights without arbitrary restrictions.
- Require staff training to prevent unlawful interference with students’ rights.
- Strengthen oversight from the California Department of Education to monitor compliance and hold districts accountable.