SENATE SUBSTITUTE AMENDMENT 3,
TO 2009 SENATE BILL 25
April 7, 2010 - Offered by Committee on Education.
SB25-SSA3,1,4 1An Act to amend 118.51 (13); and to create 118.134 of the statutes; relating
2to:
the use of race-based nicknames, logos, mascots, and team names by school
3boards, providing an exemption from emergency rule procedures, requiring the
4exercise of rule-making authority, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB25-SSA3, s. 1 5Section 1. 118.134 of the statutes is created to read:
SB25-SSA3,2,3 6118.134 Race-based nicknames, logos, mascots, and team names. (1)
7Notwithstanding s. 118.13 and except as provided in sub. (3m), a school district
8resident may object to the use of a race-based nickname, logo, mascot, or team name
9by the school board of that school district by filing a complaint with the state
10superintendent. If the complainant objects to the use of a nickname or team name
11by the school board, the state superintendent shall immediately review the

1complaint and determine whether the use of the nickname or team name by the
2school board, alone or in connection with a logo or mascot, is ambiguous as to whether
3it is race-based. The state superintendent shall do all of the following:
SB25-SSA3,2,74 (a) Notify the school board of the receipt of the complaint and of the state
5superintendent's determination regarding whether the use of the nickname or team
6name is ambiguous as to whether it is race-based and direct the school board to
7submit, if applicable, any of the information under sub. (1m) (a).
SB25-SSA3,2,98 (b) Except as provided in sub. (1m), schedule a contested case hearing within
945 days after the complaint is filed.
SB25-SSA3,2,14 10(1m) (a) The state superintendent may determine that no contested case
11hearing is necessary or that a hearing date may be postponed for the purpose of
12obtaining additional information from the school board if, no later than 10 days after
13being notified of the receipt of the complaint, the school board submits evidence to
14the state superintendent that demonstrates all of the following:
SB25-SSA3,2,1715 1. The nickname, logo, mascot, or team name that is used by the school board
16and that is the basis of the complaint is a reference to or depiction or portrayal of or
17the name of a specific, federally recognized, American Indian tribe.
SB25-SSA3,2,2118 2. The federally recognized American Indian tribe under subd. 1. has granted
19approval to the school board to refer to or depict or portray the tribe in a nickname,
20logo, or mascot or to use the name of the tribe as a team name in the specific manner
21used by the school board and has not rescinded that approval.
SB25-SSA3,2,2422 3. The use of the nickname, logo, mascot, or team name that has been approved
23by the tribe as provided in subd. 2. is the use to which the school district resident
24objects in the complaint filed under sub. (1).
SB25-SSA3,3,3
1(b) If the state superintendent does any of the following, the state
2superintendent shall notify the school district resident who filed the complaint under
3sub. (1) and the school board of his or her decision in writing:
SB25-SSA3,3,54 1. Determines that a contested case hearing is not necessary. A decision under
5this subdivision is subject to judicial review under ch. 227.
SB25-SSA3,3,66 2. Postpones a hearing date as provided in par. (a).
SB25-SSA3,3,10 7(2) (a) Except as provided in par. (b), at the hearing, the school board has the
8burden of proving by clear and convincing evidence that the use of the race-based
9nickname, logo, mascot, or team name does not promote discrimination, pupil
10harassment, or stereotyping, as defined by the state superintendent by rule.
SB25-SSA3,3,1811 (b) 1. Except as provided in subd. 2., if the state superintendent determined
12under sub. (1) that the use of a nickname or team name by a school board is
13ambiguous as to whether it is race-based, the use of the nickname or team name by
14the school board shall be presumed to be not race-based and at the hearing the school
15district resident who filed the complaint under sub. (1) has the burden of proving by
16clear and convincing evidence that the use of the nickname or team name by the
17school board promotes discrimination, pupil harassment, or stereotyping, as defined
18by the state superintendent by rule.
SB25-SSA3,3,2519 2. If the state superintendent determined under sub. (1) that the use of a
20nickname or team name by a school board is ambiguous as to whether it is race-based
21but that the use of the nickname or team name in connection with a logo or mascot
22is race-based, at the hearing the school board has the burden of proving by clear and
23convincing evidence that the use of the nickname or team name in connection with
24the logo or mascot does not promote discrimination, pupil harassment, or
25stereotyping, as defined by the state superintendent by rule.
SB25-SSA3,4,9
1(3) (a) The state superintendent shall issue a decision and order within 45 days
2after the hearing. If the state superintendent finds that the use of the race-based
3nickname, logo, mascot, or team name does not promote discrimination, pupil
4harassment, or stereotyping, the state superintendent shall dismiss the complaint.
5Except as provided in par. (b), if the state superintendent finds that the use of the
6race-based nickname, logo, mascot, or team name promotes discrimination, pupil
7harassment, or stereotyping, the state superintendent shall order the school board
8to terminate its use of the race-based nickname, logo, mascot, or team name within
912 months after issuance of the order.
SB25-SSA3,4,1510 (b) 1. In this paragraph, "extenuating circumstances" includes circumstances
11in which the costs of compliance with an order issued under par. (a) pose an undue
12financial burden on the school district and circumstances in which the work or the
13requirements for bidding a contract to complete the work required to bring the school
14district into compliance with the order issued under par. (a) cannot be completed
15within 12 months after the issuance of the order.
SB25-SSA3,4,2416 2. a. If, at the hearing under sub. (2) or after a decision and order have been
17issued under par. (a), the school board presents evidence to the state superintendent
18that extenuating circumstances render full compliance with the decision and order
19within 12 months after the issuance of that decision and order impossible or
20impracticable, the state superintendent may issue an order to extend the time within
21which the school board must terminate its use of the race-based nickname, logo,
22mascot, or team name. Except as provided in subd. 2. b., the extension may not
23exceed 24 months and shall apply only to those portions of the decision and order to
24which extenuating circumstances apply.
SB25-SSA3,5,9
1b. The state superintendent may extend the time granted to a school board
2under subd. 2. a. if the school board presents evidence to the state superintendent
3that compliance with a portion of the decision and order issued under par. (a) may
4be accomplished through a regularly scheduled maintenance program and that the
5cost of compliance with that portion of the decision and order exceeds $5,000. The
6extension granted under this subd. 2. b. may not exceed 96 months and applies only
7to that portion of the decision and order with which compliance will be accomplished
8through the regularly scheduled maintenance program and that costs more than
9$5,000.
SB25-SSA3,5,1110 (c) Decisions of the state superintendent under this subsection are subject to
11judicial review under ch. 227.
SB25-SSA3,5,15 12(3m) A pupil attending a public school in a nonresident school district under
13s. 118.51 may not file a complaint under sub. (1) in which the pupil objects to the use
14of a race-based nickname, logo, mascot, or team name by the school board of the
15nonresident school district.
SB25-SSA3,5,17 16(4) The state superintendent shall promulgate rules necessary to implement
17and administer this section.
SB25-SSA3,5,21 18(5) Any school board that uses a race-based nickname, logo, mascot, or team
19name in violation of sub. (3) shall forfeit not less than $100 nor more than $1,000.
20Each day of use of the race-based nickname, logo, mascot, or team name in violation
21of sub. (3) constitutes a separate violation.
SB25-SSA3, s. 2 22Section 2. 118.51 (13) of the statutes is amended to read:
SB25-SSA3,6,223 118.51 (13) Rights and privileges of nonresident pupils. A Except as
24provided in s. 118.134 (3m), a
pupil attending a public school in a nonresident school
25district under this section has all of the rights and privileges of pupils residing in that

1school district and is subject to the same rules and regulations as pupils residing in
2that school district.
SB25-SSA3, s. 3 3Section 3. Nonstatutory provisions.
SB25-SSA3,6,74 (1) The department of public instruction shall submit in proposed form the
5rules required under section 118.134 (4) of the statutes, as created by this act, to the
6legislative council staff under section 227.15 (1) of the statutes no later than the first
7day of the 6th month beginning after the effective date of this subsection.
SB25-SSA3,6,168 (2) Using the procedure under section 227.24 of the statutes, the department
9of public instruction may promulgate rules required under section 118.134 (4) of the
10statutes, as created by this act, for the period before the effective date of the rules
11submitted under subsection (1), but not to exceed the period authorized under section
12227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b),
13and (3) of the statutes, the department is not required to provide evidence that
14promulgating a rule under this subsection as an emergency rule is necessary for the
15preservation of the public peace, health, safety, or welfare and is not required to
16provide a finding of emergency for a rule promulgated under this subsection.
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