November 8, 2017, Introduced by Reps. Jones, Neeley, Byrd, Gay-Dagnogo, Peterson, Durhal, Geiss, Scott, Ellison and Love and referred to the Committee on Education Reform.
A bill to amend 1979 PA 94, entitled
"The state school aid act of 1979,"
(MCL 388.1601 to 388.1896) by adding section 166c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 166c. (1) Subject to subsection (4), beginning January 1,
2019, a district or a school operated by the district shall not
sponsor or otherwise permit or tolerate the use of any of the
following if based on race or ethnicity, as determined by the list
made available by the department under this section:
(a) A mascot, nickname, logo, or other team or club
descriptor.
(b) A slogan, chant, song, or other formal or informal
auditory practice.
(c) Publications, uniforms, signs, or other visual materials.
(2) Not later than 6 months after the effective date of the
amendatory act that added this section, the department shall make
available to all public schools a list of prohibited race- or
ethnicity-based classifications for the purposes of subsection (1).
That list must be created by the state board after consulting with
and obtaining the approval of the department of civil rights
regarding which race- or ethnicity-based classifications are
considered discriminatory or offensive. The list must also include
racial or ethnic organizations or groups that the state board and
department of civil rights considers appropriate for the purposes
of a waiver under subsection (4). The state board and department of
civil rights shall ensure that the appropriate racial or ethnic
organization or group applicable to a waiver under subsection (4)
is aligned to the race- or ethnicity-based classification that the
district or public school proposes to use and is the racial or
ethnic organization or group located nearest to the district or
public school that is seeking the waiver.
(3) The state board shall periodically review and, if
considered necessary, revise the list created under subsection (2).
The state board shall consult with and obtain the approval of the
department of civil rights before revising the list. If the list is
revised, the department shall ensure that all districts and public
schools are notified.
(4) A district or school operated by the district may sponsor,
permit, or tolerate the use of race- or ethnicity-based team or
club descriptors, practices, or materials otherwise prohibited
under this section if the district or school, as applicable,
obtains a waiver under this subsection. A district or public school
seeking to use a race- or ethnicity-based team or club descriptor,
practice, or material prohibited under this section shall obtain
the written consent of the appropriate racial or ethnic
organization or group, as determined by the list created under
subsection (2). A waiver under this subsection is not valid or
effective until the district or public school seeking the waiver
provides the department with a copy of the written consent of the
appropriate racial or ethnic organization or group and the
department notifies the district or public school that the
department received the copy. The department may develop and make
available to districts and public schools a consent form that may
be used for the purposes of seeking a waiver under this subsection.
(5) Beginning January 1, 2019, a district that fails to comply
with this section or that operates a school that fails to comply
with this section forfeits funds due under this article in an
amount equal to the amount that is necessary for the district or
school to become compliant with this section, as determined by the
department. However, the department shall not withhold those funds
until the department notifies the district that the funds are
subject to forfeiture and provides the district a reasonable
opportunity to request a delayed forfeiture of the funds. The
department may grant a request for a delayed forfeiture of the
funds for a period not to exceed 12 months from the date of the
notification of noncompliance if the district's request is in
writing and provides both of the following, as considered
satisfactory to the department:
(a) A statement of intent that the district or the school
operated by the district, or both, will comply with this section.
(b) The action or plan that the district or the school
operated by the district, or both, will take in order to comply
with this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.