Cultural Sovereignty in Practice: Recognizing the Right to Wear Regalia at Graduation

Across the country, American Indian, Alaska Native, and Native Hawaiian students, citizens of sovereign Tribal Nations, are reaching an incredible milestone: graduation. For many, this moment is marked not only by receiving a diploma, but through wearing items of deep personal and cultural significance, such as eagle feathers, beaded caps, or traditional clothing. Tribal regalia is not only a meaningful expression of culture and community, it is also a reflection of constitutionally and federally protected rights. In fact, research shows that when schools and colleges support cultural practices like these, students feel more connected and confident, which can lead to stronger academic success and persistence (Philpot, 2024; Guillory & Wolverton, 2008).

Despite legal protections and academic research, some students still face obstacles when seeking to wear their regalia at graduation. To mitigate these challenges, this resource outlines the legal and policy foundations that support the right to wear tribally affiliated regalia during commencement ceremonies. Furthermore, this document is designed to assist students, families, school personnel, and policymakers in understanding the constitutional and statutory protections that underlie these rights to honor who Tribal students are and where they come from.

Legal and Policy Protections

• First Amendment of the U.S. Constitution: The First Amendment guarantees the right to free speech and expression, including cultural and religious significance expressions. Courts have consistently held that students do not lose these rights when they enter school grounds, provided that their expression does not cause substantial disruption. Tribal regalia, including items such as feathers or stoles, can be protected as expressions of personal, cultural, or spiritual identity under this constitutional provision.
• American Indian Religious Freedom Act of 1978 (AIRFA): AIRFA affirms the rights of American Indian individuals to access and practice traditional religious customs, including the wearing of culturally significant items. In educational contexts, denying students the ability to wear such items may interfere with the free exercise of these rights.
• State-Level Legislation: Several states have enacted laws that explicitly affirm the right of students from federally recognized Tribes to wear traditional regalia at graduation ceremonies. This includes Arizona (A.R.S. § 15-129), and 20 other states. These laws often arose through collaboration between Tribal governments and state legislatures and provide clear precedents that can inform future policymaking.
• Every Student Succeeds Act (ESSA): ESSA includes provisions that require meaningful consultation between educational agencies and Tribal governments when designing education policies and programs. Though not specifically focused on commencement attire, this requirement reinforces the need for school systems to engage with Tribal communities on matters that affect their students' experiences, including culturally appropriate representation in school-sponsored events.

Resources for Education Institutions and Stakeholders

For K–12 and Postsecondary Institutions
Schools play a vital role in supporting students' rights under both federal and state law. The following measures can ensure compliance and respect for cultural expression:

• Review and Update Dress Code Policies: Institutions should examine graduation attire policies to ensure they do not inadvertently restrict constitutionally or statutorily protected expression. 
• Collaborate with Tribal Governments: Consultation with Tribal education departments and legal representatives can help clarify policies and prevent potential conflicts.
• Educate Administrators and Faculty: Training and professional development can enhance understanding of the legal and cultural importance of regalia, reducing the risk of misinterpretation or bias.
   

For Students and Families

• Understand Your Rights: Become familiar with your school’s policies and applicable state and federal protections. Proactively engage with school administrators early in the academic year or semester.
• Exercise Your Rights: When seeking permission to wear cultural items at graduation, it’s important to maintain a written record of your request. Review sample letters and guidance provided by organizations such as the American Civil Liberties Union (ACLU) and the Arizona Department of Education’s Office of Indian Education (ADE-OIE, p. 31). 
• Seek Legal Guidance if Necessary: If your right to wear regalia is denied, organizations such as the ACLU, Native American Rights Fund (NARF), or your Tribal education department may offer resources or legal support.
   

For Tribal Governments and Education Departments

• Monitor and Support Local Policies: Work collaboratively with local education agencies to ensure that graduation dress code policies are aligned with constitutional rights and Tribal input.
• Support State-Level Advocacy: In states without protective legislation, Tribes can encourage policymakers to adopt laws that recognize and protect students’ cultural expression during graduation.

Wearing tribal regalia at graduation is more than a personal choice, it is an exercise of constitutionally and federally protected rights. As students, families, school officials, and policymakers navigate questions of attire at public ceremonies, it is essential to recognize that such expressions are not merely symbolic, they reflect long-standing traditions, legal protections, and the government-to-government relationship between the United States and Tribal Nations.

By grounding decisions in constitutional principles, federal statutes, and established state policy, institutions can ensure that all students are able to celebrate this milestone with dignity, respect, and pride.

Recommended Legal and Policy Resources

• ACLU – Know Your Rights: Tribal Regalia
  https://www.aclu.org/news/civil-liberties/know-your-rights-tribal-regalia
• Arizona Department of Education – Graduation Regalia Toolkit
  Graduation Regalia Toolkit on Canva
• Native American Rights Fund – Graduation Regalia Resources
  https://narf.org/wordpress/wp-content/uploads/2024/04/graduation-flyer.pdf 
• Policy Corner Blog, Center for Indian Education & American Indian Policy Institute
  https://center-for-indian-education.asu.edu/policycornerblog