AB 26

Under current law, a school district resident may object to the use of a

race-based nickname, logo, mascot, or team name by the school board of the district

by filing a complaint with the state superintendent of public instruction. Upon

receipt of a complaint, the state superintendent must notify the school board and

must, with certain exceptions, schedule a contested case hearing. At the hearing, the

school board must prove by clear and convincing evidence that the use of the

race-based nickname, logo, mascot, or team name does not promote discrimination,

pupil harassment, or stereotyping, as defined by the state superintendent by rule.

Following the hearing, the state superintendent must issue a written decision

and order. The state superintendent must dismiss the complaint unless he or she

determines that the school board's use of the race-based nickname, logo, mascot, or

team name promotes discrimination, pupil harassment, or stereotyping. If the state

superintendent finds that the school board's use promotes discrimination, pupil

harassment, or stereotyping, the state superintendent must order the school board

to terminate its use of the nickname, logo, mascot or team name; and the school board

must, with limited exceptions, do so within 12 months after the school board receives

the order. Failure of a school board to comply with the decision and order subjects

the school board to forfeitures. A decision of the state superintendent under the

complaint, hearing, and order process is subject to judicial review.

This bill eliminates the specific right of a school district resident to object to the

use of a race-based nickname, logo, mascot, or team name by filing a complaint with

the school board and eliminates the right of the school district resident to obtain a

contested case hearing on that complaint. The bill eliminates the authority granted

to the state superintendent to determine whether the use of a race-based nickname,

logo, mascot, or team name promotes discrimination, pupil harassment, or

stereotyping; to order a school board to terminate the use of a race-based nickname,

logo, mascot, or team name; and to impose forfeitures upon the school board for

failure to comply with the order.

The bill also voids all orders issued by the state superintendent under the

complaint, hearing, and order process eliminated by this bill; requires the state

superintendent to dismiss with prejudice any complaints pending under the

complaint, hearing, and order process eliminated by the bill; and requires a court to

dismiss with prejudice any decision and order, issued by the state superintendent

under the complaint, hearing, and order process eliminated by the bill, for which

judicial review has been sought.

The bill does not eliminate the provision that permits a school district resident

to submit a complaint to a school board if the resident believes that he or she has been

discriminated against on the basis of a number of factors, including the person's race,

national origin, ancestry, or creed. A school district resident who submits such a

complaint to a school board may appeal a negative determination made by the school