SB 124

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

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

district and may obtain a hearing before the state superintendent on the school

board's use of the mascot. At the hearing, the school board must prove by clear and

convincing evidence that the use of the mascot does not promote discrimination,

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

If the state superintendent finds that the school board's use of the mascot promotes

discrimination, pupil harassment, or stereotyping, the state superintendent must

order the school board to terminate its use and the school board must, with limited

exceptions, do so within 12 months after the school board receives the order. Under

certain circumstances, the state superintendent may grant an extension of not more

than 24 months to the school board to comply with the order. Failure of a school board

to comply with the decision and order subjects the school board to forfeitures.

This bill permits any school district that is subject to a decision and order issued

before the effective date of the bill to delay compliance with that decision and order

until November 1, 2012.