Wisconsin Indian Education Association
"Indian" Mascot & Logo Taskforce

State of Wisconsin

1999-2000 Legislature

1999 SENATE BILL 217

August 17, 1999 - Introduced by Senators George and Risser, cosponsored by Representatives Boyle, Young, Carpenter, Turner, Pocan and La Fave, by request of American Indian Study Committee, Wisconsin Indian Education Association and Great Lakes Inter-Tribal Council. Referred to Senate Committee on Education.

An Act to create 118.135 of the statutes; relating to: the use of ethnic names, nicknames, logos and mascots by school boards, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits discrimination against pupils on a number of grounds, including race and ancestry. This bill provides that a school district resident may object to a school board's use of an ethnic name, nickname, logo or mascot by filing a complaint with the state superintendent of pupil instruction. The state superintendent must schedule a hearing on the complaint (within 45 days) at which the school board has the burden of proving by clear and convincing evidence that the use of the ethnic name, nickname, logo or mascot does not promote discrimination, pupil harassment or stereotyping. (The state superintendent must render a decision within 45 days of the hearing.) If the state superintendent finds in favor of the complainant, the state superintendent must order the school board to terminate its use of the ethnic name, nickname, logo or mascot within twelve months after issuance of the order. A school board is subject to a forfeiture of not less than $100 nor more than $1,000 for each day that it uses the ethnic name, nickname, logo or mascot in violation of the order. The decision of the state superintendent is subject to circuit court review.