Bill Summary – FastDemocracy

Legislative Analysis
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ALLOW STUDENTS TO POSSESS TRADITIONAL
                                                                                      http://www.house.mi.gov/hfa
OBJECTS AND WEAR TRADITIONAL REGALIA
                                                                                      Analysis available at
House Bill 4853 as introduced                                                         http://www.legislature.mi.gov
Sponsor: Rep. Samantha Steckloff
House Bill 4854 as introduced
Sponsor: Rep. Helena Scott
Committee: Higher Education
Complete to 9-13-23
SUMMARY:
        House Bills 4853 and 4854 would amend the Elliott-Larsen Civil Rights Act (ELCRA) and the
        Revised School Code, respectively, to prohibit discrimination against individuals who possess
        traditional objects or wear traditional regalia and to require schools to allow individuals to
        possess or wear those items in school buildings and at graduation ceremonies.
        House Bill 4853 would amend section 402 1 of ELCRA to prohibit an educational institution
        from discriminating against an individual in the full utilization of, or benefit from, the
        institution, or the services, activities, or programs provided by the institution, because the
        individual possesses traditional objects or is wearing traditional regalia.
                 Educational institution means a public or private institution, or a separate school or
                 department thereof, and includes an academy, college, elementary or secondary school,
                 extension course, kindergarten, nursery, local school system, university, or a business,
                 nursing, professional, secretarial, technical, or vocational school; and includes an agent
                 of an educational institution.
                 Traditional objects would mean any cultural, religious, or ceremonial items or objects
                 that hold tribal or ancestral meaning, significance, or importance for an individual,
                 including an indigenous individual.
                 Traditional regalia would mean any cultural, religious, or ceremonial clothing or
                 wearable items representing an individual’s tribal or ancestral traditions, including the
                 tribal or ancestral traditions of an indigenous individual.
                 Indigenous individual would mean an individual who identifies as an original or first
                 person of a region or country.
        MCL 37.2402
1
 Section 402 was amended by 2023 PA 6 and will take effect 90 days after adjournment of the 2023 regular legislative
session: http://legislature.mi.gov/doc.aspx?mcl-37-2402-amended
House Fiscal Agency                                                                                     Page 1 of 2
       House Bill 4854 would add a new section, section 1300, to the Revised School Code, which
       would require that the board of a school district, intermediate school district, or public school
       academy ensure that each individual who is in a school building operated by that entity is not
       prohibited from, or punished for, wearing traditional regalia and bringing traditional objects in
       the school building. The boards of each entity would also be required to ensure that each
       indigenous individual is permitted to wear traditional regalia and to bring traditional objects to
       graduation ceremonies.
                School building would mean either of the following:
                   • A building intended to be used to provide instruction to students.
                   • A recreational or athletic structure or field intended to be used by students.
               The terms traditional objects, traditional regalia, and indigenous individual would be
               defined as in HB 4583, above.
       Proposed MCL 380.1300
FISCAL IMPACT:
       House Bill 4853 would have a minimal fiscal impact on public universities and community
       colleges. Policies, websites, documents, and trainings may have to be updated to include the
       new guidelines, but these costs should be absorbed under existing funding levels.
       House Bill 4854 would have no impact on the state and would have a minimal fiscal impact
       on school districts, intermediate school districts (ISDs), or public school academies (PSAs).
       Districts, ISDs, and PSAs may need to update their policies, websites, documents, and trainings
       to include the new guidelines, but these costs would likely be absorbed using existing staff
       time.
                                                           Legislative Analyst: Josh Roesner
                                                              Fiscal Analysts: Perry Zielak
                                                                                Noel Benson
                                                                                Jacqueline Mullen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                          HBs 4853 and 4854 as introduced   Page 2 of 2
Statutes affected: 
Substitute (H-2): 380.1, 380.1852
House Introduced Bill: 380.1, 380.1852
As Passed by the House: 380.1, 380.1852
As Passed by the Senate: 380.1, 380.1852
House Concurred Bill: 380.1, 380.1852