LRB-0948/1
MJL:jld:cph
2003 - 2004 LEGISLATURE
May 28, 2003 - Introduced by Representatives Boyle, Musser, Turner, J. Lehman,
Sinicki, Morris, Pocan, Young, Berceau, Coggs and Black, cosponsored by
Senators Risser, Moore and Carpenter. Referred to Committee on Education
Reform.
AB357,1,3
1An Act to create 118.134 of the statutes;
relating to: the use of ethnic names,
2nicknames, logos, and mascots by school boards, granting rule-making
3authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits discrimination against pupils on a number of grounds,
including race and ancestry. This bill provides that a school district resident may
object to a school board's use of an ethnic name, nickname, logo, or mascot by filing
a complaint with the state superintendent of pupil instruction (state
superintendent). The state superintendent must schedule a hearing on the
complaint, at which the school board has the burden of proving by clear and
convincing evidence that the use of the ethnic name, nickname, logo, or mascot does
not promote discrimination, pupil harassment, or stereotyping. If the state
superintendent finds in favor of the complainant, the state superintendent must
order the school board to terminate its use of the ethnic name, nickname, logo, or
mascot within 12 months after issuance of the order. A school board is subject to a
forfeiture of not less than $100 nor more than $1,000 for each day that it uses the
ethnic name, nickname, logo, or mascot in violation of the order. The decision of the
state superintendent is subject to circuit court review.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB357, s. 1
1Section
1. 118.134 of the statutes is created to read:
AB357,2,7
2118.134 Ethnic names, nicknames, logos, and mascots. (1) 3Notwithstanding s. 118.13, a resident of the school district may object to a school
4board's use of an ethnic name, nickname, logo, or mascot by filing a complaint with
5the state superintendent. The state superintendent shall notify the school board of
6the receipt of the complaint and schedule a case hearing within 45 days after the
7complaint is filed.
AB357,2,11
8(2) At the hearing, the school board has the burden of proving by clear and
9convincing evidence that the use of the ethnic name, nickname, logo, or mascot does
10not promote discrimination, pupil harassment, or stereotyping, as defined by the
11state superintendent by rule.
AB357,2,21
12(3) The state superintendent shall issue a decision and order within 45 days
13after the hearing. If the state superintendent finds that the use of the ethnic name,
14nickname, logo, or mascot does not promote discrimination, pupil harassment, or
15stereotyping, the state superintendent shall dismiss the complaint. If the state
16superintendent finds that the use of the ethnic name, nickname, logo, or mascot
17promotes discrimination, pupil harassment, or stereotyping, the state
18superintendent shall order the school board to terminate its use of the ethnic name,
19nickname, logo, or mascot within 12 months after issuance of the order. Decisions
20of the state superintendent under this subsection are subject to judicial review under
21ch. 227.
AB357,3,2
1(4) The state superintendent shall promulgate rules necessary to implement
2and administer this section.
AB357,3,6
3(5) Any school board that uses an ethnic name, nickname, logo, or mascot in
4violation of this section shall forfeit not less than $100 nor more than $1,000. Each
5day of use of the ethnic name, nickname, logo, or mascot in violation of this section
6constitutes a separate violation.
