Wisconsin Assembly Bill AB528

Wisconsin 2023-2024 Regular Session

• Introduced: 10/18/23
• Refer: 10/18/23
• Failed: 4/15/24

Caption

Race-based nicknames, logos, mascots, and team names; providing an exemption from rule-making and emergency rule procedures; and making an appropriation. (FE)

Impact

One of the crucial impacts of AB528 is the reversal of the burden of proof in hearings concerning contested names. Previously, the complainant needed to prove that the name promoted discrimination; under the new bill, it is the responsibility of the school board to demonstrate that the name does not promote such issues. This change may potentially increase the number of cases where schools are required to justify the names they use, as any ambiguities must now be clearly resolved in favor of the complainants. Additionally, The Department of Public Instruction (DPI) will be empowered to award grants to school boards that eliminate race-based names, increasing the financial support for schools that take proactive measures to address these issues.

Summary

Assembly Bill 528 proposes significant changes to the regulation of race-based nicknames, logos, mascots, and team names used by school boards. The bill seeks to repeal several provisions established under the 2013 Wisconsin Act 115, which had imposed requirements on how complaints regarding these names could be filed and processed. Under AB528, the existing requirement for complainants to gather signatures from at least 10% of school district residents within a specified period is eliminated, thereby simplifying the complaint process for individuals wishing to contest the use of race-based identifiers by their school district. This change indicates a shift towards a more open and accessible avenue for addressing potential instances of race-based discrimination in school settings.

Contention

Notable points of contention surrounding AB528 include concerns about potential overreach in the regulatory process and implications for community identity. Supporters of the bill argue that it is necessary to combat stereotyping and discrimination, fostering a more inclusive environment in schools. However, critics caution that the removal of local control over school names could undermine community traditions and contexts. Schools might feel pressured to change symbols that, while local to their identity, could pose legal challenges under the new provisions. The discussion reflects broader societal debates about cultural appropriation, representation, and identity in public institutions.