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SB317,8 25Section 8. 118.134 (1m) (a) 3. of the statutes is amended to read:
SB317,5,3
1118.134 (1m) (a) 3. The use of the nickname, logo, mascot, or team name that
2has been approved by the a tribe as provided in under subd. 2. is the use to which the
3school district resident objects in the complaint filed under sub. (1).
SB317,9 4Section 9. 118.134 (1m) (b) (intro.) and 1. of the statutes are consolidated,
5renumbered 118.134 (1m) (b) and amended to read:
SB317,5,116 118.134 (1m) (b) (intro.) If the state superintendent does any of the following
7determines that a contested case hearing is not necessary, the state superintendent
8shall notify the school district resident who filed the complaint under sub. (1) and the
9school board of his or her decision in writing: 1. Determines that a contested case
10hearing is not necessary
. A decision under this subdivision is subject to judicial
11review under ch. 227.
SB317,10 12Section 10. 118.134 (1m) (b) 2. of the statutes is repealed.
SB317,11 13Section 11. 118.134 (2) (a) of the statutes is renumbered 118.134 (2) and
14amended to read:
SB317,5,1915 118.134 (2) Except as provided in par. (b), at At the hearing, the school board
16district resident who filed the complaint under sub. (1) has the burden of proving by
17clear and convincing evidence that the use of the race-based nickname, logo, mascot,
18or team name does not promote promotes discrimination, pupil harassment, or
19stereotyping, as defined by the state superintendent by rule.
SB317,12 20Section 12. 118.134 (2) (b) of the statutes is repealed.
SB317,13 21Section 13. 118.134 (3) (a) of the statutes is amended to read:
SB317,6,722 118.134 (3) (a) The state superintendent division of hearings and appeals shall
23issue a decision and order within 45 days after the hearing. If the state
24superintendent
division of hearings and appeals finds that the use of the race-based
25nickname, logo, mascot, or team name does not promote discrimination, pupil

1harassment, or stereotyping, the state superintendent division of hearings and
2appeals
shall dismiss the complaint. Except as provided in pars. (b) and (d), if the
3state superintendent division of hearings and appeals finds that the use of the
4race-based nickname, logo, mascot, or team name promotes discrimination, pupil
5harassment, or stereotyping, the state superintendent division of hearings and
6appeals
shall order the school board to terminate its use of the race-based nickname,
7logo, mascot, or team name within 12 months after issuance of the order.
SB317,14 8Section 14. 118.134 (3) (b) 2. of the statutes is amended to read:
SB317,6,189 118.134 (3) (b) 2. a. If, at the hearing under sub. (2) or after a decision and order
10have been issued under par. (a), the school board presents evidence to the state
11superintendent
division of hearings and appeals that extenuating circumstances
12render full compliance with the decision and order within 12 months after the
13issuance of that decision and order impossible or impracticable, the state
14superintendent
division of hearings and appeals may issue an order to extend the
15time within which the school board must terminate its use of the race-based
16nickname, logo, mascot, or team name. Except as provided in subd. 2. b., the
17extension may not exceed 24 months and shall apply only to those portions of the
18decision and order to which extenuating circumstances apply.
SB317,7,219 b. The state superintendent division of hearings and appeals may extend the
20time granted to a school board under subd. 2. a. if the school board presents evidence
21to the state superintendent division of hearings and appeals that compliance with
22a portion of the decision and order issued under par. (a) may be accomplished through
23a regularly scheduled maintenance program and that the cost of compliance with
24that portion of the decision and order exceeds $5,000. The extension granted under
25this subd. 2. b. may not exceed 96 months and applies only to that portion of the

1decision and order with which compliance will be accomplished through the
2regularly scheduled maintenance program and that costs more than $5,000.
SB317,15 3Section 15. 118.134 (3) (c) of the statutes is amended to read:
SB317,7,74 118.134 (3) (c) Decisions of the state superintendent under this subsection are
5subject to judicial review under ch. 227. The venue for a proceeding to review a
6decision under this section is the circuit court in any county in which territory of the
7school district is located.
SB317,16 8Section 16. 118.134 (3) (d) of the statutes is amended to read:
SB317,7,139 118.134 (3) (d) No school district is required by to comply with a decision and
10order issued under this subsection on or before July 1, 2011 the effective date of this
11paragraph .... [LRB inserts date]
, to terminate the use of a race-based nickname,
12logo, mascot, or team name shall be required to comply with the terms of that decision
13and order until January 15, 2013
.
SB317,17 14Section 17. 118.134 (3r) of the statutes is created to read:
SB317,7,1915 118.134 (3r) A school district may not be a member of an interscholastic
16athletic association that prohibits the use of a nickname, logo, mascot, or team name
17on the basis that the nickname, logo, mascot, or team name is race-based unless the
18use of the nickname, logo, mascot, or team name violates a decision and order issued
19under sub. (3) on or after the effective date of this subsection .... [LRB inserts date].
SB317,18 20Section 18. 118.134 (4) of the statutes is renumbered 118.134 (4) (a) and
21amended to read:
SB317,7,2322 118.134 (4) (a) The Except as provided in par. (b), the state superintendent
23shall promulgate rules necessary to implement and administer this section.
SB317,19 24Section 19. 118.134 (4) (b) of the statutes is created to read:
SB317,8,3
1118.134 (4) (b) The state superintendent may not promulgate a rule that
2creates a presumption that a nickname, logo, mascot, or team name is race-based
3or promotes discrimination, pupil harassment, or stereotyping.
SB317,20 4Section 20. 118.134 (5) of the statutes is amended to read:
SB317,8,115 118.134 (5) Any school board that uses a race-based nickname, logo, mascot,
6or team name in violation of sub. (3) shall forfeit not less than $100 nor more than
7$1,000. Each day of use of the race-based nickname, logo, mascot, or team name in
8violation of sub. (3) constitutes a separate violation. The state superintendent may
9not assess or collect a forfeiture under this subsection for a use that violates a
10decision and order issued under sub. (3) before the effective date of this subsection
11.... [LRB inserts date].
SB317,21 12Section 21. 227.43 (1) (bd) of the statutes is created to read:
SB317,8,1413 227.43 (1) (bd) Assign a hearing examiner to preside over any hearing of a
14contested case which is referred by the state superintendent under s. 118.134 (1).
SB317,22 15Section 22. 227.43 (3) (br) of the statutes is created to read:
SB317,8,1916 227.43 (3) (br) The administrator of the division of hearings and appeals may
17set the fees to be charged for any services rendered to the department of public
18instruction by a hearing examiner under this section. The fee shall cover the total
19cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).
SB317,23 20Section 23. 227.43 (4) (br) of the statutes is created to read:
SB317,8,2321 227.43 (4) (br) The department of public instruction shall pay all costs of the
22services of a hearing examiner, including support services, assigned under sub. (1)
23(bd), according to the fees set under sub. (3) (br).
SB317,24 24Section 24. Nonstatutory provisions.
SB317,9,4
1(1) A complaint objecting to the use of a race-based nickname, logo, mascot, or
2team name filed with the state superintendent of public instruction before the
3effective date of this subsection for which a decision and order has not been issued
4under section 118.134 (3) of the statutes is void.
SB317,25 5Section 25. Initial applicability.
SB317,9,96 (1) The treatment of section 118.134 (1) (intro.), (a), and (b), (1m) (a) (intro.),
71., 2., and 3., and (2) (a) and (b) of the statutes first applies to a complaint objecting
8to the use of a race-based nickname, logo, mascot, or team name filed with the state
9superintendent of public instruction on the effective date of this subsection.
SB317,9,1010 (End)
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