Mass. bill would ban Native American mascots at public schools

Representative Brandy Fluker-Reid filed a bill Jan. 15 seeking to prohibit public schools in Massachusetts from using athletic team names, logos or mascots that "refer to, represent, or are associated with Native Americans," including aspects of Native American cultures and tribes. The filing is House No. 575 in the 194th General Court.

The proposed law would require the Department of Elementary and Secondary Education to create a list of every school and its team names, logos and mascots and submit that list to the Commission on Indian Affairs. The commission must identify schools with Native American–referencing mascots within three months of receiving the list and publish the results on its website.

The bill directs the commission to review statewide issues and specific school concerns within one year of the list's publication and to send recommendations to the department on policies to phase out or ban such mascots, on specific schools, and on ways to increase respect for Native American heritage in schools. The department must use the commission's recommendations during negotiations and solicit comments from tribal nation representatives designated by the commission or recognized by the United States.

After the commission's recommendations, the department would have up to three months to develop a memorandum of understanding with each identified school; negotiations must result in an MOU entered within six months of the negotiation start. Each MOU must include an implementation timeline that does not exceed three years for full implementation. While negotiations occur, the bill bars schools on the list from purchasing or refurbishing uniforms or other materials bearing the team name, logo or mascot until they reach an agreement with the department.

Schools that fail to enter an agreement or comply with the MOU would be ineligible for discretionary state education grants, under the bill. The proposal includes an exception allowing any school to inform the department at any time of a plan to stop or phase out use of an eligible mascot.

The bill also would prohibit any public school from adopting a new athletic team name, logo or mascot associated with Native Americans effective upon passage. The department may promulgate regulations to implement the section; the bill sets deadlines: the initial list must be completed no later than three months after the act's effective date, and the ban on new mascots would be effective upon passage.

The filing lists Representative Brandy Fluker-Reid as the primary petitioner and includes multiple co-petitioners. The text of the bill itself sets the procedures and timelines; the filing record does not include committee action, debate or public comment.