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Davis thinks mascot bill might pass
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MADISON - The Black Hawk school district could be required to change its name if a bill proposed in the state Assembly passes.

In February, Rep. Jim Soletski, D-Green Bay, proposed a bill that would require a school district to change its nickname, mascot and logo if there was a complaint about the name from a district resident.

"It's 2009. It's time we put this behind us. It's the native American's heritage, first and foremost. If they're not feeling honored, then it's time to get rid of it," he said when he proposed the bill

At the time, the legislation didn't include the name of the school district.

But after a four-and-a-half-hour public hearing Tuesday, Rep. Brett Davis, R-Oregon, said the school districts could also be forced to change their school name.

Davis, who is a member of the Assembly Education Committee that held the public hearing, said he clarified the issue with the legislative counsel who attended the meeting.

"There is a chance Black Hawk would have to change its name," Davis said.

The bill calls for the state Department of Public Instruction to investigate complaints about race-based names, nicknames, logos or mascots. School boards would have a chance to argue the logos or mascots don't discriminate or amount to harassment or stereotyping.

If the state superintendent finds the complaint has merit, the school board would be ordered to drop the offending moniker within a year or face $100 to $1,000 in fines each day it continues to use the logo.

School boards could appeal the decision, but that would cost the districts money.

Davis said there was some discussion at the committee level to allow districts to appeal the state superintendent's decision without incurring any costs. No final decision about the appeal process was made at Tuesday's hearing.

Davis said he's talked with Black Hawk school board members and said no one supports racism or discrimination.

The decision to change a school district's name should be made at the local level and not by the state, Davis said. The bill adds another layer of government involvement in local school districts, he added.

Davis said of the 38 school districts that still use Indian names, logos and mascots, two have debated changing the names.

"A board member from one of those two districts spoke in opposition to the bill because he said the decision to change a school's name should be made by the local school board," Davis said.

Rep. Steve Hilgenberg, D-Dodgeville, who co-authored the legislation, said some local boards support having the state involved with the process.

"They would rather the state deal with it because it can be such a divisive issue," he said.

Davis said people for and against the proposed legislation spoke at the public hearing. He expects the bill to pass in part because of the tone of the meeting.

"If you don't support this bill, then you're for racism was the tone of the hearing," Davis said.

The bill also has support among Democrats, who control both houses of the Legislature. Assembly Speaker Mike Sheridan, D-Janesville, has signed on as a co-sponsor. The bill still would need Gov. Jim Doyle's signature to become law, but Doyle is a Democrat, too. He issued an opinion in 1992, when he was attorney general, saying an American Indian logo or mascot could constitute discrimination.

Neither Davis nor Hilgenberg knew when the committee will vote on the bill. Davis said it could be within the next month but the decision to schedule a vote is up to the education committee chair.