House Bill 194 permits public school students enrolled in federally recognized Indian nations, tribes and pueblos to wear tribal regalia at graduation ceremonies or public school events.
 

 House Bill 194 in Section 1 amends Public School code regarding school discipline policies to insert Subsection I to specify that local school boards and governing bodies of charter schools shall not prohibit a student who is enrolled in a federally recognized Indian nation, tribe or pueblo from wearing tribal regalia or objects of cultural significance as specified in this subsection at graduation ceremonies or public school events.
Paragraph 3 is replaced as follows:
(3) "tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance, including tribal symbols, jewelry, beading and feathers.
SECTION 2 amends Public School code addressing charter schools’ rights and responsibilities to delete Subsection A, which provides that a charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination. 
Subsection U providing definitions of cultural or religious headdresses, hairstyles, and race is deleted.
SECTION 3 adds new section of the Charter Schools Act to provide a policy of non-discrimination as follows:
A. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination as specified in this subsection and shall not allow for the imposition of discipline, discrimination or disparate treatment against a student based on the student's race, religion or culture or because of the student's use of protective hairstyles or cultural or religious headdresses. 
B. Governing bodies of charter schools shall not prohibit a student who is enrolled in a federally recognized Indian nation, tribe or pueblo from wearing tribal regalia or objects of cultural significance or wearing tribally significant footwear or other items of apparel under a gown at graduation ceremonies or public school events. 
C. Provides definitions as used in this section of cultural or religious headdresses, protective hairstyles and tribal regalia. 

 House Bill 194 references Public School code to provide specifics regarding tribal regalia at graduation and public school events that is not currently included. 
Section 22-5-4.3 NMSA 1978 (being Laws 1986, Chapter 33, Section 9, as amended by Laws 2021, Chapter 19, Section 1 and by Laws 2021, Chapter 37, Section 1 and also by Laws 2021, Chapter 51, Section 8) and
Section 22-8B-4 NMSA 1978 (being Laws 1999, Chapter 281, Section 4, as amended) 

 House Bill 194 has a committee substitute from the House Government, Elections and Indian Affairs Committee that is a duplicate of Senate Bill 163.  

 House Bill 194 has a committee substitute from the House Government, Elections and Indian Affairs Committee that is a duplicate of Senate Bill 163.