SB 317

Under current law, a school district resident may object to a school board's use

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

state superintendent of public instruction (state superintendent). If a complaint is

received, the state superintendent must hold 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 nickname, logo, mascot, or team name does not promote

discrimination, pupil harassment, or stereotyping. However, the state

superintendent does not have to hold a hearing if a school board demonstrates that

the use of a nickname, logo, mascot, or team name relates to a specific federally

recognized American Indian tribe and the specific tribe has approved the school

board's use of the nickname, logo, mascot, or team name.

Currently, 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 must order the school board to terminate

its use of the nickname, logo, mascot, or team name within 12 months after issuance

of the order. However, the state superintendent may extend the amount of time a

school board has to comply with an order to terminate the use of a nickname, logo,

mascot, or team name under certain circumstances. A school board that uses a

race-based nickname, logo, mascot, or team name in violation of an order is subject

to a forfeiture of not less than $100 nor more than $1,000 for each day that it violates

the order.

This bill makes various changes to the complaint process for objecting to a

school board's use of a race-based nickname, logo, mascot, or team name. First,

under the bill, a complaint to object to the use of a race-based nickname, logo,

mascot, or team name must include the signatures of at least the number of school

district residents that is equal to ten percent of the school district's membership and

the signatures must be obtained within the 120-day period before the complaint is

filed. Second, the bill requires the division of hearings and appeals, rather than the

state superintendent, to hold a hearing on a complaint objecting to the use of a

race-based nickname, logo, mascot, or team name. Third, the bill reverses the

burden of proof at a hearing challenging the use of a race-based nickname, logo,

mascot, or team name so that the burden is on the school district resident to

demonstrate that the nickname, logo, mascot, or team name promotes

discrimination, pupil harassment, or stereotyping. Fourth, the bill allows the state

superintendent to forego a hearing if a school board demonstrates that a federally

recognized American Indian tribe that has historical ties to this state has, under an

agreement with the school board, approved the school board's use. Fifth, the bill

prohibits the state superintendent from promulgating a rule that creates a

presumption of what constitutes a race-based nickname, logo, mascot, or team name

that promotes discrimination, pupil harassment, or stereotyping. Sixth, the bill