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University of Colorado Law School Colorado Law Scholarly Commons Session Laws 2001-Present Colorado Session Laws 2021 Concerning the Prohibition of American Indian Mascots in Colorado. Colorado General Assembly Follow this and additional works at: https://scholar.law.colorado.edu/session-laws-2001-2050 Recommended Citation Colorado General Assembly, "Concerning the Prohibition of American Indian Mascots in Colorado." (2021). Session Laws 2001-Present. 9172. https://scholar.law.colorado.edu/session-laws-2001-2050/9172 This Act is brought to you for free and open access by the Colorado Session Laws at Colorado Law Scholarly Commons. It has been accepted for inclusion in Session Laws 2001-Present by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact rebecca.ciota@colorado.edu. Ch. 370 Education - Public Schools 2437CHAPTER 370_______________EDUCATION - PUBLIC SCHOOLS_______________SENATE BILL 21-116BY SENATOR(S) Danielson, Bridges, Buckner, Coleman, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Lee, Moreno,Pettersen, Story, Winter;also REPRESENTATIVE(S) Benavidez and McLachlan, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Cutter, Duran,Esgar, Exum, Froelich, Gonzales-Gutierrez, Herod, Hooton, Jackson, Jodeh, Kipp, Lontine, McCluskie, McCormick,Michaelson Jenet, Mullica, Ortiz, Ricks, Sirota, Titone, Valdez A., Weissman, Young, Garnett.AN ACTCONCERNING THE PROHIBITION OF AMERICAN INDIAN MASCOTS IN COLORADO.Be it enacted by the General Assembly of the State of Colorado:SECTION 1.  Legislative declaration. (1)  The general assembly finds anddeclares that:(a)  The presence and use of derogatory American Indian mascots across Coloradocreates an unsafe learning environment for American Indian students by havingserious negative impacts on those students' mental health and by promoting bullyingof American Indian students;(b)  American Indian mascots teach non-American Indian children inaccurateinformation about American Indian culture and teach them that it is acceptable toparticipate in culturally abusive and prejudicial behaviors;(c)  In the early twentieth century, American Indian boarding schools acrossColorado forced American Indian children to relinquish their tribal identities andgive up inherited customs so that they would better assimilate into the majoritywhite culture;(d)  Young American Indian children were coerced into leaving their families,giving up their culture and language, and changing their appearances to pass for awhite person. At the same time, non-American Indian students in many communitiesin Colorado were dressing up in war bonnets at pep rallies that they called"pow-wows".)))))Capital letters or bold & italic numbers indicate new material added to existing law; dashes throughwords or numbers indicate deletions from existing law and such material is not part of the act.2438 Education - Public Schools Ch. 370(e)  In 1925, the same year that La Veta high school became the "R*dsk*ns", aLoveland yearbook stated that the school decided to adopt the "Indian" moniker todepict "bravery, loyalty, patriotism, and dauntless pride". Several years later,Cheyenne Mountain high school would also claim that its "Indian" mascot's purposewas to "preserve the legacy of the Cheyenne and Ute tribes, which were fading inthe area".(f)  Despite continued claims that such mascots honored American Indian peoples,the majority of such mascots in Colorado regularly employed racist stereotypes,from Eaton high school's large-nosed caricatures to Lamar high school's "ChiefUgh-Lee" mascot;(g)  By the time of the civil rights movement in the 1960s, the first wave ofAmerican Indian activists began calling for an end to American Indian mascots. Bythe end of the 1990s, only three Colorado schools had listened. Althoughorganizations like the National Commission on Civil Rights, the NAACP, theNational Congress of American Indians, and the American PsychologicalAssociation published statements condemning American Indian mascots, fewColorado schools would take heed, even into the early 2000s.(h)  In 2015, Colorado Governor John Hickenlooper signed an executive order toestablish the commission to study American Indian representations in publicschools;(i)  The commission, comprised of American Indian leaders from across the state,visited the Colorado schools that wanted to be a part of this conversation. Therewere only four: Strasburg, Loveland, Eaton, and Lamar. After visiting each of thesecommunities, the commission's recommendation was to completely eliminateAmerican Indian imagery and nomenclature in schools in Colorado.(j)  Since that time, a few Colorado schools have voluntarily abandoned theirAmerican Indian mascots, but change, for the most part, has not come easily; and(k)  Currently, public sentiment is moving in favor of abandoning thesediscriminatory mascots. Many national athletic teams have abandoned them, andsimilar changes are happening at the college level and on down to the local level.In 2019, Maine successfully paved the way with legislation for an American Indianmascot ban at the state level.(2)  Therefore, the general assembly declares that passing legislation to retire allAmerican Indian mascots in the state will provide another step toward justice andhealing to the descendants of the survivors of the Sand Creek Massacre, mostnotably the Cheyenne and Arapaho tribes, as well as other American Indians inColorado who have been harmed or offended by these discriminatory mascots.SECTION 2.  In Colorado Revised Statutes, add 22-1-133 as follows:22-1-133.  Prohibition on use of American Indian mascots - exemptions -definitions. (1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISEREQUIRES:Ch. 370 Education - Public Schools 2439(a)  "AMERICAN INDIAN MASCOT" MEANS A NAME, SYMBOL, OR IMAGE THATDEPICTS OR REFERS TO AN AMERICAN INDIAN TRIBE, INDIVIDUAL, CUSTOM, ORTRADITION THAT IS USED AS A MASCOT, NICKNAME, LOGO, LETTERHEAD, OR TEAMNAME FOR THE SCHOOL.(b)  "COMMISSION" MEANS THE COLORADO COMMISSION OF INDIAN AFFAIRS,ESTABLISHED PURSUANT TO SECTION 24-44-102.(c)  "INSTITUTE CHARTER SCHOOL" MEANS A CHARTER SCHOOL AUTHORIZED BYTHE STATE CHARTER SCHOOL INSTITUTE PURSUANT TO PART 5 OF ARTICLE 30.5 OFTHIS TITLE 22.(d)  "PUBLIC SCHOOL" MEANS:(I)  AN ELEMENTARY, MIDDLE, JUNIOR HIGH, HIGH SCHOOL, OR DISTRICT CHARTERSCHOOL OF A SCHOOL DISTRICT THAT SERVES ANY OF GRADES KINDERGARTENTHROUGH TWELVE; AND(II)  AN INSTITUTE CHARTER SCHOOL THAT SERVES ANY OF GRADESKINDERGARTEN THROUGH TWELVE.(2) (a)  EXCEPT AS PROVIDED FOR IN SUBSECTION (2)(b) OF THIS SECTION, ON ORAFTER JUNE 1, 2022, A PUBLIC SCHOOL IN THE STATE IS PROHIBITED FROM USING ANAMERICAN INDIAN MASCOT. NOTWITHSTANDING THE DEFINITION OF THE TERM"AMERICAN INDIAN MASCOT" IN SUBSECTION (1) OF THIS SECTION, A PUBLIC SCHOOLTHAT IS NAMED AFTER AN AMERICAN INDIAN TRIBE OR AMERICAN INDIANINDIVIDUAL MAY USE THE TRIBE'S OR INDIVIDUAL'S NAME, BUT NOT AN IMAGE ORSYMBOL, ON THE PUBLIC SCHOOL'S LETTERHEAD. ANY PUBLIC SCHOOL THAT IS USINGSUCH AN AMERICAN INDIAN MASCOT AS OF JUNE 1, 2022, SHALL IMMEDIATELYCEASE USE OF SUCH AMERICAN INDIAN MASCOT.(b)  THE PROHIBITION SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION DOES NOTAPPLY TO:(I)  ANY AGREEMENT THAT EXISTS PRIOR TO JUNE 30, 2021, BETWEEN AFEDERALLY RECOGNIZED INDIAN TRIBE AND A PUBLIC SCHOOL. A PUBLIC SCHOOLTHAT IS A PARTY TO SUCH AN AGREEMENT IS HELD TO A HIGH STANDARD ANDEXPECTED TO HONOR THE AGREEMENT. THE FEDERALLY RECOGNIZED INDIAN TRIBEHAS THE RIGHT AND ABILITY TO REVOKE ANY SUCH AGREEMENT AT ANY TIME AT ITSDISCRETION. IF AN AGREEMENT ENTERED INTO PURSUANT TO THIS SUBSECTION(2)(b)(I) BETWEEN A FEDERALLY RECOGNIZED INDIAN TRIBE AND A PUBLIC SCHOOLIS TERMINATED BY EITHER PARTY, THE PUBLIC SCHOOL HAS ONE YEAR FROM THEDATE OF TERMINATION TO DISCONTINUE ITS USE OF ITS AMERICAN INDIAN MASCOTBEFORE THE PENALTIES SET FORTH IN SUBSECTION (3) OF THIS SECTION APPLY.(II)  ANY PUBLIC SCHOOL THAT IS OPERATED BY A FEDERALLY RECOGNIZEDINDIAN TRIBE OR WITH THE APPROVAL OF A FEDERALLY RECOGNIZED INDIAN TRIBEAND EXISTING WITHIN THE BOUNDARIES OF SUCH TRIBE'S RESERVATION.(III) (A)  THE ABILITY OF ANY FEDERALLY RECOGNIZED INDIAN TRIBE TO CREATEAND MAINTAIN A RELATIONSHIP OR AGREEMENT WITH A PUBLIC SCHOOL THAT2440 Education - Public Schools Ch. 370FOSTERS GOODWILL, EMPHASIZES EDUCATION AND SUPPORTS A CURRICULUM THATTEACHES AMERICAN INDIAN HISTORY, AND ENCOURAGES A POSITIVE CULTURALEXCHANGE. SUCH RELATIONSHIPS AND AGREEMENTS MAY INCLUDE IMPORTANTHISTORICAL FIGURES, NAMES, IMAGERY, TRIBAL NAMES, AND MORE.(B)  ANY SUCH AGREEMENT ENTERED INTO PURSUANT TO THIS SECTION BETWEENA PUBLIC SCHOOL AND A FEDERALLY RECOGNIZED INDIAN TRIBE MAY ALLOW ANYAMERICAN INDIAN MASCOT THAT IS CULTURALLY AFFILIATED WITH THATFEDERALLY RECOGNIZED INDIAN TRIBE AS DETERMINED AT THE DISCRETION OF THETRIBE'S GOVERNING BODY. IF AN AGREEMENT ENTERED INTO PURSUANT TO THISSUBSECTION (2)(b)(III) BETWEEN A FEDERALLY RECOGNIZED INDIAN TRIBE AND APUBLIC SCHOOL IS TERMINATED BY EITHER PARTY, THE PUBLIC SCHOOL HAS ONEYEAR FROM THE DATE OF TERMINATION TO DISCONTINUE ITS USE OF ITS AMERICANINDIAN MASCOT BEFORE THE PENALTIES SET FORTH IN SUBSECTION (3) OF THISSECTION APPLY.(C)  FOR THE PURPOSES OF THIS SECTION, A "FEDERALLY RECOGNIZED INDIANTRIBE" IS ONE OF THE FORTY-EIGHT CONTEMPORARY TRIBES WITH TIES TOCOLORADO, DEVELOPED BY HISTORY COLORADO IN PARTNERSHIP WITH THECOLORADO COMMISSION OF INDIAN AFFAIRS. THIS LIST MAY CHANGE OVER TIME BUTIS THE OFFICIAL LIST TO BE USED FOR THE PURPOSES OF THIS SECTION.(3)  FOR EACH MONTH DURING WHICH A PUBLIC SCHOOL USES AN AMERICANINDIAN MASCOT AFTER JUNE 1, 2022, THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL,OR IN THE CASE OF AN INSTITUTE CHARTER SCHOOL, THE STATE CHARTER SCHOOLINSTITUTE, SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO THE STATETREASURER, WHO SHALL CREDIT THE MONEY RECEIVED TO THE STATE EDUCATIONFUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.(4) (a)  NO LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,THE COMMISSION SHALL IDENTIFY EACH PUBLIC SCHOOL IN THE STATE THAT IS USINGAN AMERICAN INDIAN MASCOT AND THAT DOES NOT MEET THE CRITERIA FOR ANEXEMPTION AS OUTLINED IN SUBSECTION (2)(b) OF THIS SECTION. THE COMMISSIONSHALL POST SUCH INFORMATION ON ITS WEBSITE.(b)  IN ADDITION TO POSTING ON ITS WEBSITE THE INFORMATION CONCERNINGPUBLIC SCHOOLS THAT ARE USING AN AMERICAN INDIAN MASCOT, THE COMMISSION,IN COORDINATION WITH THE DEPARTMENT OF EDUCATION, SHALL NOTIFY THESCHOOL DISTRICT OF A PUBLIC SCHOOL IDENTIFIED BY THE COMMISSION PURSUANTTO SUBSECTION (4)(a) OF THIS SECTION OF THE REQUIREMENTS RELATED TO THE USEOF AMERICAN INDIAN MASCOTS, AS SET FORTH IN SUBSECTION (2) OF THIS SECTION,AS WELL AS THE PENALTY FOR CONTINUED USED OF SUCH MASCOTS AS OUTLINED INSUBSECTION (3) OF THIS SECTION. THE COMMISSION, IN COORDINATION WITH THEDEPARTMENT OF EDUCATION, SHALL ALSO PROVIDE THE SAME NOTIFICATION TO THECHARTER SCHOOL INSTITUTE IF ANY INSTITUTE SCHOOLS ARE IDENTIFIED PURSUANTTO SUBSECTION (4)(a) OF THIS SECTION.(c)  WHEN A PUBLIC SCHOOL IDENTIFIED PURSUANT TO SUBSECTION (4)(a) OF THISSECTION DISCONTINUES ITS USE OF ITS AMERICAN INDIAN MASCOT PRIOR TO JUNE1, 2022, THE PUBLIC SCHOOL SHALL NOTIFY ITS SCHOOL DISTRICT, OR, IN THE CASEOF AN INSTITUTE CHARTER SCHOOL, ITS AUTHORIZER, THE COMMISSION, AND THECh. 370 Education - Public Schools 2441DEPARTMENT OF EDUCATION OF SUCH DISCONTINUATION.(5)  A PUBLIC SCHOOL THAT IS IDENTIFIED TO BE IN VIOLATION OF SUBSECTION (2)OF THIS SECTION FOR USING AN AMERICAN INDIAN MASCOT MAY APPLY TO THEDEPARTMENT OF EDUCATION FOR A GRANT THROUGH THE "BUILDING EXCELLENTSCHOOLS TODAY ACT", ARTICLE 43.7 OF TITLE 22, TO ACCOMPLISH ANYSTRUCTURAL CHANGES THAT MIGHT BE NECESSARY TO COME INTO COMPLIANCEWITH THIS SECTION. THE TIME REQUIRED FOR MAKING AN APPLICATION OR FOR THEAWARDING OF SUCH GRANT DOES NOT IMPACT THE TIME REQUIREMENT SET FORTHIN SUBSECTION (2)(a) OF THIS SECTION.SECTION 3.  In Colorado Revised Statutes, 22-43.7-109, add (5)(c.3) asfollows:22-43.7-109.  Financial assistance for public school capital construction -application requirements - evaluation criteria - local match requirements -technology grants - career and technical education capital construction grants- rules - definition. (5)  The board, taking into consideration the financial assistancepriority assessment conducted pursuant to section 22-43.7-108, shall prioritizeapplications that describe public school facility capital construction projects deemedeligible for financial assistance based on the following criteria, in descending orderof importance:(c.3)  PROJECTS THAT ASSIST PUBLIC SCHOOLS TO REPLACE PROHIBITED AMERICANINDIAN MASCOTS AS REQUIRED BY SECTION 22-1-133 (2).SECTION 4.  In Colorado Revised Statutes, add 23-1-137 as follows:23-1-137.  Prohibition on use of American Indian mascots - exemptions -definitions. (1)  AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISEREQUIRES:(a)  "AMERICAN INDIAN MASCOT" MEANS A NAME, SYMBOL, OR IMAGE THATDEPICTS OR REFERS TO AN AMERICAN INDIAN TRIBE, INDIVIDUAL, CUSTOM, ORTRADITION THAT IS USED AS A MASCOT, NICKNAME, LOGO, LETTERHEAD, OR TEAMNAME FOR THE SCHOOL.(b)  "PUBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A PUBLIC COLLEGE,UNIVERSITY, COMMUNITY COLLEGE, AREA VOCATIONAL SCHOOL, EDUCATIONALCENTER, OR JUNIOR COLLEGE THAT IS SUPPORTED IN WHOLE OR IN PART BY GENERALFUND MONEY.(2) (a)  EXCEPT AS PROVIDED FOR IN SUBSECTION (2)(b) OF THIS SECTION, ON ORAFTER JUNE 1, 2022, A PUBLIC INSTITUTION OF HIGHER EDUCATION IN THE STATE ISPROHIBITED FROM USING AN AMERICAN INDIAN MASCOT. ANY PUBLIC INSTITUTIONOF HIGHER EDUCATION THAT IS USING SUCH AN AMERICAN INDIAN MASCOT AS OFJUNE 1, 2022, MUST IMMEDIATELY CEASE USE OF SUCH AMERICAN INDIAN MASCOT.(b)  THE PROHIBITION SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION DOES NOTAPPLY TO:2442 Education - Public Schools Ch. 370(I)  ANY AGREEMENT THAT EXISTS PRIOR TO JUNE 30, 2021, BETWEEN AFEDERALLY RECOGNIZED INDIAN TRIBE AND A PUBLIC INSTITUTION OF HIGHEREDUCATION. A PUBLIC INSTITUTION OF HIGHER EDUCATION THAT IS A PARTY TO SUCHAN AGREEMENT IS HELD TO A HIGH STANDARD AND EXPECTED TO HONOR THEAGREEMENT. THE FEDERALLY RECOGNIZED INDIAN TRIBE HAS THE RIGHT ANDABILITY TO REVOKE ANY SUCH AGREEMENT AT ANY TIME AT ITS DISCRETION.(II)  ANY PUBLIC INSTITUTION OF HIGHER EDUCATION THAT IS OPERATED BY AFEDERALLY RECOGNIZED INDIAN TRIBE OR WITH THE APPROVAL OF A FEDERALLYRECOGNIZED INDIAN TRIBE AND EXISTING WITHIN THE BOUNDARIES OF SUCH TRIBE'SRESERVATION.(3)  FOR EACH MONTH DURING WHICH A PUBLIC INSTITUTION OF HIGHEREDUCATION USES AN AMERICAN INDIAN MASCOT AFTER JUNE 1, 2022, THE PUBLICINSTITUTION OF HIGHER EDUCATION SHALL PAY A FINE OF TWENTY-FIVE THOUSANDDOLLARS TO THE STATE TREASURER, WHO SHALL CREDIT THE MONEY RECEIVED TOTHE STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THESTATE CONSTITUTION.SECTION 5.  Safety clause. The general assembly hereby finds, determines, anddeclares that this act is necessary for the immediate preservation of the public peace,health, or safety.Approved: June 28, 2021

Concerning the Prohibition of American Indian Mascots in Colorado.

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=10171&context=session-laws-2001-2050

Concerning the Prohibition of American Indian Mascots in Colorado.

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