AB 73 — Provides right of public school pupils to wear certain adornments at school graduation ceremonies. (BDR 34-440)

(ReprintedAssembly withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT A.B.

7373–Committee Aon SSEMBLYEducation BCHAPTER.......... ILLN O.

73–COMMITTEE ON EDUCATION (O N BEHALF OF THE JOINT NTERIM S TANDING COMMITTEE ON EDUCATION ) PREFILED JANUARY 30, 2023 ____________ Referred to Committee on Education SUMMARY—Provides right of public school pupils to wear certain adornments at school graduation ceremonies.

(BDR 34-440) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Under existing law, each pupil of a public school is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

Any such expression by pupils must not be disruptive to instruction or used to engage in discrimination based on race or bullying and must not be organized, broadcast or endorsed by a public school.

This bill provides that the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may nonetheless prohibit an item that is likely to cause a substantial disruptionpupil of,who oris materialprohibited interferencefrom with,wearing such an item to appeal that decision to thezes a ceremony.Superintendent of Public Instruction, who must consult with certain groups before rendering a decision on such an appeal.

This bill authorizesfurther aprovides pupilthat, whoif isthe prohibitedSuperintendent fromof wearingPublic suchInstruction andoes itemnot torender appeala that decision towithin the5 Superintendentbusiness ofdays Publicafter Instruction,an whoappeal mustis consultsubmitted, withthe certainappeal groupsis beforedeemed renderingto abe decisiondecided onin suchfavor anof appeal.the pupil.

ThisEXPLANATION bill further provides that, if the Superintendent of Public Instruction does not render a decision within 5 business - *AB73_R1* – 2Matter –in daysbolded afteritalics an appeal is submitted,new; the appeal is deemed to be decided in favor of the pupil.

matter between brackets [omitted material] is material to be omitted.

Nothing in this section shall be construed to prohibit the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils from prohibiting an item that is likely to - 82nd Session (2023) – 2 – cause a substantial disruption of, or material interference with, such a ceremony.

If the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils prohibits a pupil from wearing an item as an adornment at a school graduation ceremony, thetheearing pupil may submit a written appeal to the Superintendent of Public Instruction which includes an explanation of the religious or cultural significance of the item.

H~~~~~ 23 - *AB73_R1*82nd Session (2023)