Amendment SSA2-SB25

LRBs0328/1

TKK:jld:ph

2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 2009 SENATE BILL 25

April 6, 2010 - Offered by Senator Olsen.

SB25-SSA2,1,3 An Act to create 118.134 of the statutes; relating to: the use of race-based nicknames, logos, mascots, and team names by school boards and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB25-SSA2, s. 1 Section 1. 118.134 of the statutes is created to read:

SB25-SSA2,1,9 118.134 Race-based nicknames, logos, mascots, and team names. (1) (a) Notwithstanding s. 118.13, 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 with the school board. The school board shall schedule a hearing within 45 days after the complaint is filed.

SB25-SSA2,2,3 (b) At the hearing, the school board shall determine whether the use of the race-based nickname, logo, mascot, or team name by the school board promotes discrimination, pupil harassment, or stereotyping. The school board shall issue a written decision within 45 days after the hearing and shall include the reason for its decision.

SB25-SSA2,2,7 (c) If the school board finds that the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the school board shall terminate its use of the nickname, logo, mascot, or team name within 12 months after issuing the decision.

SB25-SSA2,2,12 (2) (a) The school district resident under sub. (1) (a) may appeal the school board's decision under sub. (1) (b) to the state superintendent by submitting a written notice of appeal together with the written decision of the school board to the state superintendent. The state superintendent shall notify the school board of the receipt of the appeal and schedule a hearing within 45 days after the appeal is filed.

SB25-SSA2,2,15 (b) At the hearing, the state superintendent shall determine whether the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping.

SB25-SSA2,2,24 (c) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the appeal. Except as provided in sub. (3), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the nickname, logo, mascot, or team name within 12 months after issuance of the order.

SB25-SSA2,3,2 (d) Decisions of the state superintendent under this subsection are subject to judicial review under ch. 227.

SB25-SSA2,3,8 (3) (a) In this subsection, "extenuating circumstances" includes circumstances in which the costs of compliance with an order issued under sub. (2) pose an undue financial burden on the school district and circumstances in which the work or the requirements for bidding a contract to complete the work required to bring the school district into compliance with the order issued under sub. (2) cannot be completed within 12 months after the issuance of the order.

SB25-SSA2,3,17 (b) If, at the hearing under sub. (2) (b) or after a decision and order have been issued under sub. (2) (c), the school board presents evidence to the state superintendent that extenuating circumstances render full compliance with the decision and order within 12 months after the issuance of that decision and order impossible or impracticable, the state superintendent may issue an order to extend the time within which the school board must terminate its use of the race-based nickname, logo, mascot, or team name. The extension authorized under this paragraph may not exceed 24 months and applies only to those portions of the decision and order to which extenuating circumstances apply.

SB25-SSA2,3,19 (c) Decisions of the state superintendent under this subsection are subject to judicial review under ch. 227.

SB25-SSA2,3,24 (4) Any school board that uses a race-based nickname, logo, mascot, or team name in violation of an order issued under sub. (2) (c) or (3) (b) shall forfeit not less than $100 nor more than $1,000. Each day of use of the race-based nickname, logo, mascot, or team name in violation of an order issued under sub. (2) (c) or (3) (b) constitutes a separate violation.

SB25-SSA2, s. 2 Section 2. Initial applicability.

SB25-SSA2,4,3 (1) This act first applies to a complaint that objects to the use of a race-based nickname, logo, mascot, or team name and is filed with a school board on the effective date of this subsection.

SB25-SSA2,4,4 (End)