HF 4387

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:38am

A bill for an act
relating to education; prohibiting the use of American Indian mascots and logos;
amending Minnesota Statutes 2018, section 124E.03, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 123B; 135A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [123B.493] AMERICAN INDIAN MASCOTS PROHIBITED.
new text end

new text begin (a) A school district may not have or adopt a name, symbol, or image that depicts or
refers to an American Indian tribe, individual, custom, or tradition to be used as a mascot,
nickname, logo, letterhead, or team name of the district or school within the district.
new text end

new text begin (b) A school district may seek an exemption to paragraph (a) by submitting a request in
writing to the Tribal Nations Education Committee and the Indian Affairs Council, which
jointly shall have discretion to grant such an exemption.
new text end

Sec. 2.

Minnesota Statutes 2018, section 124E.03, subdivision 2, is amended to read:

Subd. 2.

Certain federal, state, and local requirements.

(a) A charter school shall
meet all federal, state, and local health and safety requirements applicable to school districts.

(b) A school must comply with statewide accountability requirements governing standards
and assessments in chapter 120B.

(c) A charter school must comply with the Minnesota Public School Fee Law, sections
123B.34 to 123B.39.

(d) A charter school is a district for the purposes of tort liability under chapter 466.

(e) A charter school must comply with the Pledge of Allegiance requirement under
section 121A.11, subdivision 3.

(f) A charter school and charter school board of directors must comply with chapter 181
governing requirements for employment.

(g) A charter school must comply with continuing truant notification under section
260A.03.

(h) A charter school must develop and implement a teacher evaluation and peer review
process under section 122A.40, subdivision 8, paragraph (b), clauses (2) to (13), and place
students in classrooms in accordance with section 122A.40, subdivision 8, paragraph (d).
The teacher evaluation process in this paragraph does not create any additional employment
rights for teachers.

(i) A charter school must adopt a policy, plan, budget, and process, consistent with
section 120B.11, to review curriculum, instruction, and student achievement and strive for
the world's best workforce.

(j) A charter school is subject to and must comply with the Pupil Fair Dismissal Act,
sections 121A.40 to 121A.56.

new text begin (k) A charter school must comply with the prohibition on American Indian mascots
under section 123B.493. A charter school may seek an exemption under section 123B.493,
paragraph (b).
new text end

Sec. 3.

new text begin [135A.154] AMERICAN INDIAN MASCOTS PROHIBITED.
new text end

new text begin (a) A public postsecondary institution may not have or adopt a name, symbol, or image
that depicts or refers to an American Indian tribe, individual, custom, or tradition to be used
as a mascot, nickname, logo, letterhead, or team name of the institution.
new text end

new text begin (b) A public postsecondary institution may seek an exemption to paragraph (a) by
submitting a request in writing to the Tribal Nations Education Committee and the Indian
Affairs Council, which jointly shall have discretion to grant such an exemption.
new text end