HB1237 EngrossedLRB104 06188 LNS 16223 b HB1237 Engrossed LRB104 06188 LNS 16223 b
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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by adding Sections
5 10-20.88 and 34-18.88 as follows:
6 (105 ILCS 5/10-20.88 new)
7 Sec. 10-20.88. Native name, logo, or mascot.
8 (a) As used in this Section, "native name, logo, or
9 mascot" means the following:
10 (1) a team name, including:
11 (A) the name of a federally recognized tribe;
12 (B) a historical Native American person or tribal
13 group; or
14 (C) Redskins, Braves, Chiefs, Chieftains, Tribe,
15 Indians, or any synonymous term; or
16 (2) a logo or mascot depicting the following:
17 (A) Native Americans;
18 (B) a feathered headdress;
19 (C) a tomahawk;
20 (D) an arrowhead; or
21 (E) a spear, arrow, or other weapon if in
22 combination with a feather or feathers.
23 (b) A school board shall prohibit a school from using a
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1 native name, logo, or mascot, except as provided in
2 subsections (c) and (e).
3 (c) A school may continue to use uniforms or other
4 materials bearing a native name, logo, or mascot that were
5 purchased on or before the effective date of this amendatory
6 Act of the 104th General Assembly until September 1, 2030 if
7 the school selects or sets forth a reasonable timeline for the
8 selection of a new school or athletic team name, logo, or
9 mascot that does not violate the prohibition under subsection
10 (b) through formal school board action no later than July 1,
11 2026. Except as provided in subsection (e), the school may not
12 purchase, acquire, or use resources for uniforms or other
13 materials that include or bear the prohibited school or
14 athletic team name, logo, or mascot after the effective date
15 of this amendatory Act of the 104th General Assembly.
16 (d) Except as provided in subsection (e), if a school
17 facility, marquee, sign, or other permanent school structure
18 bears the prohibited school or athletic team name, logo, or
19 mascot, the school shall remove the prohibited name, logo, or
20 mascot no later than the next time that part of the school
21 facility, marquee, sign, or other permanent school structure
22 where the name, logo, or mascot is located is remodeled or
23 replaced in the normal course of maintenance. The school may
24 not purchase or construct a school facility, marquee, sign,
25 permanent school structure or other new or replacement fixture
26 that includes or bears the prohibited school or athletic team
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1 name, logo, or mascot after the effective date of this
2 amendatory Act of the 104th General Assembly.
3 (e) For any school whose team name is the name of a
4 federally recognized tribe or historical Native American
5 person, the school may continue to use its current team name
6 and an agreed upon logo and mascot on and after the effective
7 date of this amendatory Act of the 104th General Assembly if
8 all of the following conditions are met:
9 (1) Written consent must be obtained from the elected
10 legislative body of the same federally recognized tribe as
11 the team name or the federally recognized tribe from which
12 the historical Native American person was a member,
13 indicating support for the name, logo, and mascot.
14 (2) The written consent shall include a description of
15 the partnership with the federally recognized tribe to
16 provide deep, meaningful, and substantive learning
17 opportunities, as well as school policies that ensure
18 blatant, stereotypical, Native American names, slurs,
19 imagery, or caricatures or fake Native American behaviors
20 are not allowed in learning environments.
21 (3) The school may not offer or accept any money,
22 consideration, or thing of value in exchange for the
23 written consent. Nothing in this paragraph (3) prohibits a
24 school district from reimbursing a member of a federally
25 recognized tribe for the reasonable costs of travel
26 expenses incurred for the purpose of providing meaningful
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1 educational programming or learning opportunities for the
2 school district.
3 (4) The written consent must be renewed every 5 years.
4 The federally recognized tribe shall have the right and
5 ability to revoke the written consent at any time at its
6 discretion. If either party wishes to terminate the
7 consent, the school shall select a new school or athletic
8 team name, logo, or mascot that does not violate the
9 prohibition under subsection (b) through formal school
10 board action no later than one year from the date of
11 termination and shall discontinue its use of the native
12 name, logo, or mascot no later than 3 years from the date
13 of termination. If a school facility, marquee, sign, or
14 other permanent school structure bears the prohibited
15 school or athletic team name, logo, or mascot, the school
16 shall remove the prohibited name, logo, or mascot no later
17 than the next time that part of the school facility,
18 marquee, sign, or other permanent school structure where
19 the name, logo, or mascot is located is remodeled or
20 replaced in the normal course of maintenance. The school
21 may not purchase or construct a school facility, marquee,
22 sign, permanent school structure, or other new or
23 replacement fixture that includes or bears the prohibited
24 school or athletic team name, logo, or mascot after the
25 date of termination.
26 (f) Nothing in this Section may be interpreted to prohibit
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1 the use of native names as the name of a county, municipality,
2 school district, or school.
3 (105 ILCS 5/34-18.88 new)
4 Sec. 34-18.88. Native name, logo, or mascot.
5 (a) As used in this Section, "native name, logo, or
6 mascot" means the following:
7 (1) a team name, including:
8 (A) the name of a federally recognized tribe;
9 (B) a historical Native American person or tribal
10 group; or
11 (C) Redskins, Braves, Chiefs, Chieftains, Tribe,
12 Indians, or any synonymous term; or
13 (2) a logo or mascot depicting the following:
14 (A) Native Americans;
15 (B) a feathered headdress;
16 (C) a tomahawk;
17 (D) an arrowhead; or
18 (E) a spear, arrow, or other weapon if in
19 combination with a feather or feathers.
20 (b) A board shall prohibit a school from using a native
21 name, logo, or mascot, except as provided in subsections (c)
22 and (e).
23 (c) A school may continue to use uniforms or other
24 materials bearing a native name, logo, or mascot that were
25 purchased on or before the effective date of this amendatory
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1 Act of the 104th General Assembly until September 1, 2030 if
2 the school selects or sets forth a reasonable timeline for the
3 selection of a new school or athletic team name, logo, or
4 mascot that does not violate the prohibition under subsection
5 (b) through formal board action no later than July 1, 2026.
6 Except as provided in subsection (e), the school may not
7 purchase, acquire, or use resources for uniforms or other
8 materials that include or bear the prohibited school or
9 athletic team name, logo, or mascot after the effective date
10 of this amendatory Act of the 104th General Assembly.
11 (d) Except as provided in subsection (e), if a school
12 facility, marquee, sign, or other permanent school structure
13 bears the prohibited school or athletic team name, logo, or
14 mascot, the school shall remove the prohibited name, logo, or
15 mascot no later than the next time that part of the school
16 facility, marquee, sign, or other permanent school structure
17 where the name, logo, or mascot is located is remodeled or
18 replaced in the normal course of maintenance. The school may
19 not purchase or construct a school facility, marquee, sign,
20 permanent school structure or other new or replacement fixture
21 that includes or bears the prohibited school or athletic team
22 name, logo, or mascot after the effective date of this
23 amendatory Act of the 104th General Assembly.
24 (e) For any school whose team name is the name of a
25 federally recognized tribe or historical Native American
26 person, the school may continue to use its current team name
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1 and an agreed upon logo and mascot on and after the effective
2 date of this amendatory Act of the 104th General Assembly if
3 all of the following conditions are met:
4 (1) Written consent must be obtained from the elected
5 legislative body of the same federally recognized tribe as
6 the team name or the federally recognized tribe from which
7 the historical Native American person was a member,
8 indicating support for the name, logo, and mascot.
9 (2) The written consent shall include a description of
10 the partnership with the federally recognized tribe to
11 provide deep, meaningful, and substantive learning
12 opportunities, as well as school policies that ensure
13 blatant, stereotypical, Native American names, slurs,
14 imagery, or caricatures or fake Native American behaviors
15 are not allowed in learning environments.
16 (3) The school may not offer or accept any money,
17 consideration, or thing of value in exchange for the
18 written consent. Nothing in this paragraph (3) prohibits a
19 school district from reimbursing a member of a federally
20 recognized tribe for the reasonable costs of travel
21 expenses incurred for the purpose of providing meaningful
22 educational programming or learning opportunities for the
23 school district.
24 (4) The written consent must be renewed every 5 years.
25 The federally recognized tribe shall have the right and
26 ability to revoke the written consent at any time at its
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1 discretion. If either party wishes to terminate the
2 consent, the school shall select a new school or athletic
3 team name, logo, or mascot that does not violate the
4 prohibition under subsection (b) through formal board
5 action no later than one year from the date of termination
6 and shall discontinue its use of the native name, logo, or
7 mascot no later than 3 years from the date of termination.
8 If a school facility, marquee, sign, or other permanent
9 school structure bears the prohibited school or athletic
10 team name, logo, or mascot, the school shall remove the
11 prohibited name, logo, or mascot no later than the next
12 time that part of the school facility, marquee, sign, or
13 other permanent school structure where the name, logo, or
14 mascot is located is remodeled or replaced in the normal
15 course of maintenance. The school may not purchase or
16 construct a school facility, marquee, sign, permanent
17 school structure, or other new or replacement fixture that
18 includes or bears the prohibited school or athletic team
19 name, logo, or mascot after the date of termination.
20 (f) Nothing in this Section may be interpreted to prohibit
21 the use of native names as the name of a county, municipality,
22 school district, or school.
23 Section 99. Effective date. This Act takes effect July 1,
24 2026.
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