October 16, 2023 - Introduced by Senators Larson, L. Johnson, Smith, Roys, Hesselbein, Agard, Spreitzer, Carpenter and Pfaff, cosponsored by Representatives Shelton, Ratcliff, Jacobson, C. Anderson, Considine, Shankland, J. Anderson, Baldeh, Cabrera, Clancy, Conley, Haywood, Hong, Joers, Ohnstad, Palmeri, Sinicki, Snodgrass, Stubbs and Vining. Referred to Committee on Education.
SB507,,22An Act to repeal 118.134 (3r), 118.134 (4) (b), 227.43 (1) (bd), 227.43 (3) (br) and 227.43 (4) (br); to renumber and amend 118.134 (1m) (b), 118.134 (2) and 118.134 (4) (a); to amend 118.134 (1), 118.134 (1m) (a), 118.134 (3) (a), 118.134 (3) (b) 2. and 118.134 (3) (c); and to create 20.255 (2) (kg), 20.505 (8) (hm) 29., 118.134 (1m) (a) 1m., 118.134 (1m) (b) 2., 118.134 (2) (b) and 118.134 (6) of the statutes; relating to: race-based nicknames, logos, mascots, and team names; providing an exemption from rule-making and emergency rule procedures; and making an appropriation. SB507,,33Analysis by the Legislative Reference Bureau This bill restores the law as it existed prior to the enactment of 2013 Wisconsin Act 115 governing the use of race-based nicknames, logos, mascots, and team names by school boards and authorizes the Department of Public Instruction to award a grant to a school board that terminates the use of a race-based nickname, logo, mascot, or team name that is associated with a federally recognized American Indian tribe or American Indians. Under current law, a complaint to object to a school board’s use of a race-based nickname, logo, mascot, or team name must include the signatures of at least the number of school district residents that is equal to 10 percent of the school district’s membership, and the signatures must be obtained within the 120-day period before the complaint is filed. The bill eliminates this requirement. Under the bill, the state superintendent of public instruction must immediately review a complaint submitted by a school district resident and determine whether the use of the nickname or team name by the school board, alone or in connection with a logo or mascot, is ambiguous as to whether it is race-based.
Under current law, the Division of Hearings and Appeals is required to hold a hearing on a complaint objecting to a school board’s use of a race-based nickname, logo, mascot, or team name. Under the bill, unless the state superintendent determines that a contested case hearing is not necessary or otherwise postpones the hearing, the state superintendent must hold a hearing within 45 days of receiving such a complaint. The bill also reverses the burden of proof at a hearing challenging the use of a race-based nickname, logo, mascot, or team name so that the burden is on the school board to demonstrate that the nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping.
Under current law, the state superintendent may forego a hearing on a complaint if a school board demonstrates that a federally recognized American Indian tribe that has historical ties to this state has, under an agreement with the school board, approved the school board’s use of the nickname, logo, mascot, or team name. The bill restricts the state superintendent’s authority to forego a hearing to only those situations in which the American Indian tribe that is referenced, depicted, or portrayed in the nickname, logo, mascot, or team name approved the use.
Under current law, a school district is prohibited from being a member of an interscholastic athletic association that bars a member from using a race-based nickname, logo, mascot, or team name unless the use violates a decision and order issued on or after December 21, 2013. The bill eliminates this prohibition. The bill also eliminates a prohibition against the state superintendent promulgating rules that create a presumption of what constitutes a race-based nickname, logo, mascot, or team name that promotes discrimination, pupil harassment, or stereotyping.
Under the bill, DPI may award a grant to a school board that terminates the use of a race-based nickname, logo, mascot, or team name, regardless of whether the termination is voluntary, in response to an objection, or to comply with an order. The bill specifies that the amount of the grant may not exceed the greater of $50,000 or the actual cost incurred by the school board to replace the race-based nickname, logo, mascot, or team name. Under the bill, these grants are funded from Indian gaming receipts.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SB507,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB507,15Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: SB507,26Section 2. 20.255 (2) (kg) of the statutes is created to read: SB507,,7720.255 (2) (kg) Grants to replace certain race-based nicknames, logos, mascots, and team names. The amounts in the schedule for grants to school boards under s. 118.134 (6). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 29. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm). SB507,38Section 3. 20.505 (8) (hm) 29. of the statutes is created to read: SB507,,9920.505 (8) (hm) 29. The amount transferred to s. 20.255 (2) (kg) shall be the amount in the schedule under s. 20.255 (2) (kg). SB507,410Section 4. 118.134 (1) of the statutes is amended to read: SB507,,1111118.134 (1) Notwithstanding s. 118.13 and except as provided in sub. (3m), a school district resident may object to the use of a race-based nickname, logo, mascot, or team name by the school board of that school district by filing a complaint containing a number of signatures of school district electors equal to at least 10 percent of the school district’s membership, as defined in s. 121.004 (5), with the state superintendent. A signature on a complaint is valid only if the signature is obtained within the 120-day period before the complaint is filed with the state superintendent. If a complainant objects to the use of a nickname or team name by the school board, the state superintendent shall immediately review the complaint and determine whether the use of the nickname or team name by the school board, alone or in connection with a logo or mascot, is ambiguous as to whether it is race-based. The state superintendent shall do all of the following: SB507,,1212(a) Notify the school board of the receipt of the complaint and of the state superintendent’s determination regarding whether the use of the nickname or team name is ambiguous as to whether it is race-based and direct the school board to submit, if applicable, any of the information under sub. (1m) (a). SB507,,1313(b) Except as provided in sub. (1m), refer the complaint to the division of hearings and appeals for a contested case hearing. The division of hearings and appeals shall schedule a hearing on the referred complaint with reasonable promptness contested case hearing within 45 days after the complaint is filed.