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2 | 2 | | HOUSE DOCKET, NO. 1791 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 575 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brandy Fluker-Reid |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act prohibiting the use of Native American mascots by public schools in the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/15/2025Natalie M. Blais1st Franklin2/6/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/6/2025Samantha Montaño15th Suffolk2/6/2025Christine P. Barber34th Middlesex2/19/2025Mindy Domb3rd Hampshire2/24/2025James C. Arena-DeRosa8th Middlesex2/24/2025Michelle L. Badger1st Plymouth2/24/2025Natalie M. Higgins4th Worcester2/24/2025Jason M. LewisFifth Middlesex2/27/2025Lindsay N. Sabadosa1st Hampshire3/5/2025Margaret R. Scarsdale1st Middlesex3/5/2025Erika Uyterhoeven27th Middlesex3/6/2025Carmine Lawrence Gentile13th Middlesex3/11/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 1791 FILED ON: 1/15/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 575 |
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18 | 18 | | By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 575) of |
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19 | 19 | | Brandy Fluker-Reid and others for legislation to prohibit the use of Native American mascots by |
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20 | 20 | | public schools. Education. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act prohibiting the use of Native American mascots by public schools in the Commonwealth. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. (a) For purposes of this section, the word “commission” shall mean the |
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30 | 30 | | 2commission on Indian Affairs. |
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31 | 31 | | 3 Notwithstanding any general or special law to the contrary, the department of elementary |
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32 | 32 | | 4and secondary education shall create and submit to the commission a list of all schools in the |
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33 | 33 | | 5commonwealth and their athletic team names, logos and mascots. Within 3 months of receiving |
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34 | 34 | | 6the list, the commission shall identify schools with athletic team names, logos and mascots that |
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35 | 35 | | 7refer to, represent, or are associated with Native Americans, including aspects of Native |
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36 | 36 | | 8American cultures and Native American tribes. |
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37 | 37 | | 9 (b) The commission shall provide the list of the schools identified by the commission |
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38 | 38 | | 10under subsection (a) to the department and shall publish the list on its website. |
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39 | 39 | | 11 (c) Schools that are included in the list identified by the commission under subsection (a) |
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40 | 40 | | 12shall not purchase or refurbish any uniforms or other materials, including banners, signs, 2 of 3 |
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41 | 41 | | 13scoreboards, displays or other materials bearing the athletic team name, logo or mascot until the |
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42 | 42 | | 14school reaches an agreement with the department pursuant to subsection (e). |
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43 | 43 | | 15 (d) Not later than 1 year after the publication of the list under subsection (b), the |
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44 | 44 | | 16commission shall review general issues regarding Native American team names, logos and |
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45 | 45 | | 17mascots used in the Commonwealth, and specific concerns with individual schools included on |
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46 | 46 | | 18the list identified by the commission. Based on its review, the commission shall submit |
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47 | 47 | | 19recommendations to the department on: (i) policies to phase out or ban mascots that name, refer |
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48 | 48 | | 20to, represent or are associated with Native Americans, including aspects of Native American |
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49 | 49 | | 21cultures and specific Native American tribes; (ii) any specific schools and their team names, |
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50 | 50 | | 22logos or mascots; and (iii) ways to increase respect and knowledge of Native American heritage |
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51 | 51 | | 23and cultures in schools and across the commonwealth. The department shall also receive |
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52 | 52 | | 24comments directly from tribal nation representatives designated by the commission or |
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53 | 53 | | 25recognized by the United States. |
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54 | 54 | | 26 (e) Not more than 3 months following the receipt of recommendations from the |
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55 | 55 | | 27commission pursuant to subsection (d), the department shall develop a memorandum of |
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56 | 56 | | 28understanding with each school identified on the list prepared under subsection (a); provided, |
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57 | 57 | | 29however, that the department shall utilize the information provided by the commission in its |
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58 | 58 | | 30recommendations under subsection (d) during the negotiation; and provided further, that the |
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59 | 59 | | 31commission shall solicit comments from tribal nation representatives designated by the |
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60 | 60 | | 32commission or recognized by the United States. Not later than 6 months following the beginning |
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61 | 61 | | 33of negotiations, each identified school shall enter into a memorandum of understanding with the |
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62 | 62 | | 34department concerning the school’s use of their athletic team name, logo or mascot. An 3 of 3 |
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63 | 63 | | 35agreement shall include an implementation timeline not to exceed 3 years for full |
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64 | 64 | | 36implementation. |
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65 | 65 | | 37 (f) Schools subject to subsection (e) that fail to enter into an agreement or fail to comply |
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66 | 66 | | 38with the memorandum of understanding shall not be eligible for discretionary state education |
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67 | 67 | | 39grants. |
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68 | 68 | | 40 (g) Notwithstanding the provisions of this act, a school may at any time inform the |
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69 | 69 | | 41department of its plan to stop or phase out the use of school athletic team names, logos or |
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70 | 70 | | 42mascots which name, refer to, represent, or are associated with Native Americans, including |
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71 | 71 | | 43aspects of Native American cultures and Native American tribes. |
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72 | 72 | | 44 (h) No public school may adopt a new athletic team name, logo or mascot which names, |
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73 | 73 | | 45refers to, represents, or is associated with Native Americans, including aspects of Native |
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74 | 74 | | 46American cultures and Native American tribes, including, but not limited to, tribes that are |
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75 | 75 | | 47recognized by the United States or the Commonwealth. |
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76 | 76 | | 48 (i) The department may promulgate regulations to implement this section. |
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77 | 77 | | 49 SECTION 2. The list required under subsection (a) of section 1 shall be completed no |
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78 | 78 | | 50later than 3 months after the effective date of this act. |
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79 | 79 | | 51 SECTION 3. Subsection (h) of section 1 shall be effective upon the passage of this act. |
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