LRB-1124/1
TKK:nwn&kjf:md
2009 - 2010 LEGISLATURE
February 3, 2009 - Introduced by Senators Coggs, Hansen, Carpenter, Risser,
Holperin and Taylor, cosponsored by Representatives Soletski,
Pope-Roberts, Mursau, Young, Benedict, Berceau, Black, Colon, Cullen,
Fields, Grigsby, Hilgenberg, Kessler, Molepske Jr., Mason, Milroy, Nelson,
Parisi, Pasch, Pocan, Radcliffe, Schneider, Sherman, Sheridan, Shilling,
Sinicki, Smith, Steinbrink, Turner, Van Akkeren and A. Williams. Referred
to Committee on Education.
SB25,1,3
1An Act to create 118.134 of the statutes;
relating to: the use of race-based
2names, nicknames, logos, and mascots by school boards, requiring the exercise
3of rule-making authority, 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 a race-based name, nickname, logo, or mascot by
filing a complaint with the state superintendent of public instruction. 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
race-based 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 race-based 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 race-based 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 state and 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:
SB25, s. 1
1Section
1. 118.134 of the statutes is created to read:
SB25,2,7
2118.134 Race-based names, nicknames, logos, and mascots. (1) 3Notwithstanding s. 118.13, a school district resident may object to the use of a
4race-based name, nickname, logo, or mascot by the school board of that school
5district by filing a complaint with the state superintendent. The state
6superintendent shall notify the school board of the receipt of the complaint and
7schedule a contested case hearing within 45 days after the complaint is filed.
SB25,2,11
8(2) At the hearing, the school board has the burden of proving by clear and
9convincing evidence that the use of the race-based name, nickname, logo, or mascot
10does not promote discrimination, pupil harassment, or stereotyping, as defined by
11the state superintendent by rule.
SB25,2,21
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 race-based
14name, nickname, logo, or mascot does not promote discrimination, pupil harassment,
15or stereotyping, the state superintendent shall dismiss the complaint. If the state
16superintendent finds that the use of the race-based 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 race-based
19name, nickname, logo, or mascot within 12 months after issuance of the order.
20Decisions of the state superintendent under this subsection are subject to judicial
21review under ch. 227.
SB25,3,2
1(4) The state superintendent shall promulgate rules necessary to implement
2and administer this section.
SB25,3,6
3(5) Any school board that uses a race-based name, nickname, logo, or mascot
4in violation of sub. (3) shall forfeit not less than $100 nor more than $1,000. Each
5day of use of the race-based name, nickname, logo, or mascot in violation of sub. (3)
6constitutes a separate violation.
