PROPOSED
ORDER OF THE
STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
ADOPTING
PERMANENT RULES
Pursuant to Coyne v. Walker, the Department of Public Instruction is not required to obtain the Governor’s approval of the rule under s.
227.185
.
Coyne v. Walker
, No. 2013AP416, 2015 WL 686178 (Wis. Ct. App. Feb. 19, 2015).
The State Superintendent of Public Instruction hereby propose
s to
repeal and recreate Chapter
PI 45
,
relating
to
changes as a result of
2013 Wisconsin Act 115
.
____________________________________________________________________________________
ANALYSIS BY THE DEPARTMENT OF PUBLIC INSTRUCTION
Statute interpreted:
118.134
, Stats.
Statutory authority:
118.134 (4)
, Stats.
Explanation of agency authority:
Under s.
118.134
(4)
(a)
, Stats., the State Superintendent is required to promulgate rules to implement and administer s.
118.134
, Stats., the statute on schools’ race-based nicknames, logos, mascots, and team names.
Related statute or rule: None.
Plain language analysis:
This proposed rule change will align PI 45 with the statutory changes made as a result of
2013 Wisconsin Act 115
.
This rule change eliminates PI 45.04, the section creating a presumption that the use of any unambiguously race-based nicknames or team names are presumed to promote discrimination, pupil harassment or stereotyping; revises the complaint procedure to reflect the statutory procedures enacted under
2013 Wisconsin Act 115
; and makes other minor changes to the rule to align it with
2013 Wisconsin Act 115
.
Summary of, and comparison with, existing or proposed federal regulations:
N/A.
Comparison with rules in adjacent states:
N/A.
Summary of factual data and analytical methodologies:
This is a change to align
ch.
PI 45
with the changes in s.
118.134
, Stats.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report:
N/A.
Anticipated costs incurred by private sector:
N/A.
Effect on small business:
The proposed rules will have no economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Agency contact person: (including email and telephone)
Carl Bryan
Budget and Policy Analyst
Wisconsin Department of Public Instruction
125 S. Webster Street,
P.O. Box 7841
Madison, WI 53707-7841
(608) 267-9127
Place where comments are to be submitted and deadline fo
r submission:
Comments can be submitted to
Carl Bryan
using the contact information above. Comments must be submitted no later than 15 days after publication of the Notice of Submittal of Rules to the Legislative Council Rules Clearinghouse in the Administrative Register.
___________________________________________________________
__________________________
SECTION 1
.
Chapter PI 45 is repealed and recreated to read:
USE OF RACE-BASED NICKNAMES, LOGOS, MASCOTS, AND TEAM NAMES
PI 45.01
Purpose.
(1)
Section
118.134 (1)
, Stats., allows a school district resident to 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 state superintendent.
(2
)
Under s.
118.134 (4)
, Stats., the state superintendent is required to promulgate rules necessary to implement and administer
s.
118.134
, Stats.
PI 45.02
Definitions.
In this chapter:
(
1
)
“
Bias
”
means an inclination for or against a person or group of persons based, in whole or in part, on race that inhibits impartial or objective judgment affecting pupils.
(
2
)
“
Department
”
means the Wisconsin department of public instruction.
(
3
)
“
Discrimination
”
means any action, policy, or practice, including bias, stereotyping, and pupil harassment,
that
is detrimental to a person or group of persons and differentiates or distinguishes among persons, or which limits or denies a person or group of persons opportunities, privileges, roles, or rewards based, in whole or in part, on race, or which perpetuates the effects of past discrimination based in whole or in part on race.
(
4
)
“Division” means the
d
ivision
of
h
earings
and
a
ppeals
in the
d
epartment
of
a
dministration
.
(
5
)
“Elector” means a U.S. citizen age 18 or older who resides in the
school
district.
(
6
)
“
Federally recognized American Indian tribe
”
means a tribal entity recognized and eligible for funding and services from the
b
ureau
of Indian
a
ffairs
by virtue of its status as an Indian tribe.
(
7
)
“
Logo
”
means any written, printed, graphic
or
photographic, badge, emblem, caricature, image, statue, artifact
,
or other symbolic depiction representative of or in any way connected to the identity of a school,
school
district, or
school
board.
(
8
)
“
Mascot
”
means a person, costume, insignia, dance, song, rhythmic beat, or any other object or thing representative of or in any way connected to the identity of a school,
school
district, or
school
board.
(
9
)
“Mem
bership” has the meaning given
in s.
121.004
(5)
, Stats
.
(
10
)
“
Nickname
”
means any name, title, label, word, or any other designation of any kind representative of or in any way connected to the identity of a school,
school
district, or
school
board, but does not include the official name of a school or school district.
(
1
1
)
“
Pupil harassment
”
means behavior towards pupils based, in whole or in part, on race,
that
substantially interferes with a pupil's school performance or creates an intimidating, hostile, or offensive school environment.
(
1
2
)
“School b
oard
”
means the school board in charge of the public schools of a district.
(
13
)
“
School district
”
has the meaning given
in
s.
115.01 (3)
, Stats.
(
14
)
“
Stereotyping
”
means attributing behaviors, abilities, interests, values, and roles to a person or group of persons on the basis, in whole or in part, of their race.
(
15
)
“
Use
”
includes adoption of nicknames, logos, mascots, or team names by a school district board as representative of or in any way connected to the identity of a school, district, or board or the display of nicknames, logos, mascots, or team names at any school or school sponsored event.
PI 45.03
Complaint procedures.
(1)
A complaint filed under s.
118.134 (1)
,
Stats.,
shall be submitted to the state superintendent in writing and include all of the following information:
(a)
The complainant's contact information.
(b)
A statement that the complainant is a resident of the school district to which the complaint is directed.
(c)
Signatures, obtained within the 120 day period before the complaint is filed, of school district electors equal to at least 10 percent of the school district’s membership.
(2)
Upon receipt of a complaint, the state superintendent shall notify the school district of the complaint, and direct the
school
board to submit, if applicable, the information under sub. (3).
(3)
If applicable, within 10 days of receiving the notice under
sub.
(2)
, the
school
board shall submit evidence of the following
:
(a)
The school board
has a
written
agreement with a federally recognized American Indian tribe
that has historical ties to the state
that grants approval
to the school board
to use the nickname, logo, mascot, or team name used by the
school
board
;
(b)
The use of the nickname, logo, mascot, or team name
that has been approved by a tribe under par. (
a
)
is the use to which the school district resident objects in the complaint;
(c)
T
hat the tribe has not rescinded that agreement.
(4)
(
a
)
Except as specified under
par.
(b)
, the state superintendent shall refer the complaint to the division for a contested case hearing.
(b)
The state superintendent may determine that no contested case hearing is necessary if the board provides the information under sub. (3).
(c
)
If the state superintendent determines a contested case hearing is not necessary, the state superintendent shall notify the complainant of this decision in writing.
SECTION 2
.
EFFECTIVE DATE:
The rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s.
227.22(2)(intro.)
, Stats.
