Bringing Responsible Change: Wisconsin’s Struggle to Eliminate “Indian” Mascots, Logos, and Nicknames

1. Bringing Responsible Change:Wisconsin’s Struggle to Eliminate “Indian” Mascots, Logos, and Nicknames National Indian Education Association 41st Annual Convention October 7-10, 2010 San Diego, CA

2. Presenters • Barbara E. Munson (Oneida) • Chair, WIEA “Indian” Mascot/Logo Task Force • Mosinee, WI • barb@munson.net • J P Leary (Cherokee/Delaware) • American Indian Studies Consultant, Wisconsin Department of Public Instruction • jp.leary@dpi.wi.gov • DeLanna Studi (Cherokee) • Actor • Los Angeles, CA

3. Our Logo • Designed by Barbara Munson (1997) • Used in educational and political advocacy work

4. July 29, 2010NIEA Facebook Page “Wisconsin brings responsible change.” Nearly a 20 year journey Key Partnerships Legal Strategies Political Strategies Educational Advocacy

5. Policy Context • Elected State Superintendent • No State School Board • Local Control • 426 School Districts • 12 Cooperative Educational Service Agencies • 39 Teacher Education Programs State Superintendent Tony Evers

6. Current Figures Wisconsin Race-Based Nickname Review Committee (Sept. 30, 2010) • To date, 32 school districts changed logos, mascots, or nicknames that had referenced American Indians. • Four changed since Burmaster’s 2005 memo. • Two changed following complaints under the new law. • 33 school districts continue to use mascots, logos, or nicknames that reference American Indians.

7. Summary • Nineteen years since Milton complaint • Ten legislative sessions • Six sessions with current provisions • Four State Superintendents • Three s.118.13 appeals • Three s.118.134 appeals

8. 2009 Act 250 • Introduced Feb. 3, 2009 as SB 25 and Feb. 12, 2009 as AB 35. • Hearing held in Assembly Ed Committee, March 17, 2009. • Hearing held in Senate Ed Committee, Jan. 13, 2010. • Voted out of Assembly Ed as amended (8-5), Feb. 17, 2010. • AB 35 passed (51-42, 4 paired), Feb. 25, 2010. • Voted out of Senate Ed as amended (4-3), April 7, 2010. • SB 25 passed (17-16) April 13, 2010. • Amended SB 25 concurred in by Assembly (53-45), April 20, 2010. • Signed by Governor Jim Doyle, May 6, 2010.

9. Governor Jim Doyle, signing Act 250, May 6, 2010 “Twenty years later, Some of us got some new pens.  They all write ok.”

10. 2009 Wisconsin Act 250 • Provides for direct complaints to the State Superintendent regarding a public school’s use of a “race-based” nickname, logo, or mascot (“logo”). • Requires determining whether the logo is unambiguously race-based and whether a contested case hearing is required. • Exempts depictions of or references to a specific federally recognized tribe where the tribal government has approved such use. • Requires school boards to prove “by clear and convincing evidence” that their usage does not promote discrimination, pupil harassment, or stereotyping • Requires termination of the offending nickname, logo, or mascot within 12 months of the decision. • Provides for fines for failure to comply. • Subjects all decisions to circuit court review.

11. WI Dept. of Public Instruction Two Distinct Roles: • Educational Leadership • Moral authority • Political Persuasion • Administrative Agency • Statutorily defined role • Apply law as it stands

12. Educational Leadership • The State Superintendent is a non-partisan, elected official whose office was established by state constitution. • The State Superintendent’s leadership role is role is to promote effective, equitable educational practices that result in high academic achievement for all students.

13. Educational Leadership • Supt. Grover (1981-1993) • AG Opinion re: s.118.13 • WIAA publication • Supt. Benson (1993-2001) • Letter to all school districts • Legislative efforts • Press releases • Supt. Burmaster (2001-2009) • Letter to all school districts • Legislative efforts • Supt. Evers (2009 - ) • Legislative efforts

14. Administrative Agency • State Superintendent hears appeals of alleged violations of the state pupil non-discrimination statute (s.118.13 Wis. Stats). • Appellants must first follow the local complaint process established by their school district before appealing any unsatisfactory findings with DPI.

15. Administrative Agency • s.118.13 Wis. Stats. charges the state superintendent with deciding appeals of negative determinations by local school boards under that statute and with promulgating the necessary administrative rules to do so. • PI 9 Wis. Admin. Code provides the procedures for doing so.

16. Milton (1991) • Jan.: Carol Hand filed a formal complaint under s.118.13 • March: Hand appealed a negative determination, based in part on the question of standing. • Dec.: Rock Co. Circuit Court orders DPI to “desist and refrain from taking any further action in the Carol Hand appeal.” • May 1992: Supt. Grover requested legal guidance from the Attorney General on school logos, mascots, and nicknames. • Fall 1992: AG James Doyle issued his opinion.

17. Attorney General’s Opinion (1992) • Logo/Mascot Issues DO fall under the purview of s. 118.13 and PI 9. • Logos and mascots are NOT per se discriminatory and must be judged on a case by case basis. • Intent is not an issue, thus there is no need to prove intent to discriminate. • State Supt. Grover circulated the opinion to all school districts in October 1992.

18. Appeals under s.118.13 Wis. Stats. • Mukwonago (1994-1995)** • Mosinee (1994-1996) • Medford (1997-1998) [WITHDRAWN AND MEDIATED] • Osseo-Fairchild (2004-2005)

19. Mosinee Appeal • Filed at DPI July 15, 1994; decision announced March 12, 1996. • The department concluded that a “reasonable person similarly situated to the appellant” would NOT be offended by the Plains Indian logo. • DPI DID NOT find a severe, persistent, and pervasive pattern of racially hostile acts which rose to the level of a racially hostile environment.

20. Administrative Agency • 2009 Act 250 created s. 118.134 which allows for direct complaints to the State Superintendent. • A contested case hearing may follow. • State Superintendent has the power to order discontinuation and the law provides for a fine.

21. WIEA “Indian” Mascot/Logo Task Force • Founded March 1997 at WIEA Conference • Ongoing relationship with Great Lakes Inter-Tribal Council • Educational Advocacy • Youth Advocacy • Political Advocacy • State and national coalitions

22. Advocacy • Keynote/Invited speaker presentations • Conference presentations • Local community work • Advocacy Tools

23. Advocacy • 1997 NIEA (Tacoma) • “Indian Educators as Advocates for Elimination of Indian Mascots and Logos” • Organized through open forum • 2003 NIEA (Greenville) • National forum • 2009 NIEA (Milwaukee) • College Strand focus • Resolution

24. Kick • Offered by Los Angeles-based Encompass. • 2004 Tour, including WIEA • AIS Summer Institute (2004, 2006, 2007) • “Examining Choices That Harm Our Children” (2007) • 2008 WSHRA • 2009 spring performance in Milwaukee • 2010 WHC • 2010 First Nations Traveling Institute

25. “Examining Choices That Harm Our Children” Conference (2007) • “Why We Should Question the Washington Redskins, Stories About Columbus, and Other Race-Based Entertainment and School Traditions.” • Collaborative effort of WIEA, WSHRA, and other organizations • Speakers included Stephanie Fryberg, Barb Munson, J P Leary, Clif Morton • Kick performance

26. Youth Advocacy • Youth Task Force • Menomonie HS students at NIEA in Tacoma • Christine Munson, “Freedom Fighter of the Month” http://www.ratm.com/freedom/12_99.html • Prescott students’ advocacy efforts

27. Prescott Student Activism • Jeff Ryan’s “Native America Since 1790” • Testified at legislative hearings in 2009 - 2010 • Students lobbied legislators over spring break • Students present at bill signing • Presented at White Privilege Conference 2010

28. Key Wisconsin Partners • ACLU of Wisconsin • Great Lakes Inter-Tribal Council, Inc. • H.O.N.O.R. • Midwest Treaty Network • Oneida Nation • Wisconsin State Human Relations Association • Wisconsin Network for Peace and Justice

29. Interstate Collaborations • New York • North Carolina • New Jersey • California • Colorado

30. Alliance Against Racial Mascots (ALLARM) Major efforts include • Successful change at LAUSD • Advocating for 2001 AB 2115, sponsored by Rep. Goldberg • Advocating for 2003 AB 858, sponsored by Rep. Goldberg • VETO of amended “Redskins” bill (2004) “We believe that the use of such images on public school campuses creates unhealthy learning environments, perpetuates racial stereotypes and subjects Native American students to derision and discrimination. We further believe that the elimination of these images can help create school communities in which the traditions and identities of all cultures are valued equally.“ – ALLARM

31. Advocacy Tools • Handbook for Advocacy (1997) • Website www.indianmascots.com • “Images of Honor: Remnants of Racism in Wisconsin Schools” (Hortonville HS, 1998) • Youth Task Force Public Service Announcement http://www.youtube.com/watch?v=7fCBspSK4Iw • “ENGAGE” http://www.ecb.org/engage/takingAstand.htm • Yakhika-latuhse

32. Questions and Discussion www.indianmascots.com