Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S312 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 856 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 312
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act prohibiting the use of Native American mascots by public schools in the Commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterJason M. LewisFifth Middlesex2/4/2025Michael J. BarrettThird Middlesex2/5/2025James B. EldridgeMiddlesex and Worcester2/11/2025Patricia D. JehlenSecond Middlesex2/19/2025Sal N. DiDomenicoMiddlesex and Suffolk2/20/2025John F. KeenanNorfolk and Plymouth2/20/2025 1 of 3
16	16	SENATE DOCKET, NO. 856 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 312
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 312) of Joanne M. Comerford,
19	19	Jason M. Lewis, Michael J. Barrett, James B. Eldridge and other members of the Senate for
20	20	legislation to prohibit the use of Native American mascots by public schools in the
21	21	Commonwealth. Education.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 245 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act prohibiting the use of Native American mascots by public schools in the Commonwealth.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. (a) For purposes of this section, the word “commission” shall mean the
33	33	2commission on Indian Affairs.
34	34	3 Notwithstanding any general or special law to the contrary, the department of elementary
35	35	4and secondary education shall create and submit to the commission a list of all schools in the
36	36	5commonwealth and their athletic team names, logos and mascots. Within 3 months of receiving
37	37	6the list, the commission shall identify schools with athletic team names, logos and mascots that
38	38	7refer to, represent, or are associated with Native Americans, including aspects of Native
39	39	8American cultures and Native American tribes. 2 of 3
40	40	9 (b) The commission shall provide the list of the schools identified by the commission
41	41	10under subsection (a) to the department and shall publish the list on its website.
42	42	11 (c) Schools that are included in the list identified by the commission under subsection (a)
43	43	12shall not purchase or refurbish any uniforms or other materials, including banners, signs,
44	44	13scoreboards, displays or other materials bearing the athletic team name, logo or mascot until the
45	45	14school reaches an agreement with the department pursuant to subsection (e).
46	46	15 (d) Not later than 1 year after the publication of the list under subsection (b), the
47	47	16commission shall review general issues regarding Native American team names, logos and
48	48	17mascots used in the Commonwealth, and specific concerns with individual schools included on
49	49	18the list identified by the commission. Based on its review, the commission shall submit
50	50	19recommendations to the department on: (i) policies to phase out or ban mascots that name, refer
51	51	20to, represent or are associated with Native Americans, including aspects of Native American
52	52	21cultures and specific Native American tribes; (ii) any specific schools and their team names,
53	53	22logos or mascots; and (iii) ways to increase respect and knowledge of Native American heritage
54	54	23and cultures in schools and across the commonwealth. The department shall also receive
55	55	24comments directly from tribal nation representatives designated by the commission or
56	56	25recognized by the United States.
57	57	26 (e) Not more than 3 months following the receipt of recommendations from the
58	58	27commission pursuant to subsection (d), the department shall develop a memorandum of
59	59	28understanding with each school identified on the list prepared under subsection (a); provided,
60	60	29however, that the department shall utilize the information provided by the commission in its
61	61	30recommendations under subsection (d) during the negotiation; and provided further, that the 3 of 3
62	62	31commission shall solicit comments from tribal nation representatives designated by the
63	63	32commission or recognized by the United States. Not later than 6 months following the beginning
64	64	33of negotiations, each identified school shall enter into a memorandum of understanding with the
65	65	34department concerning the school’s use of their athletic team name, logo or mascot. An
66	66	35agreement shall include an implementation timeline not to exceed 3 years for full
67	67	36implementation.
68	68	37 (f) Schools subject to subsection (e) that fail to enter into an agreement or fail to comply
69	69	38with the memorandum of understanding shall not be eligible for discretionary state education
70	70	39grants.
71	71	40 (g) Notwithstanding the provisions of this act, a school may at any time inform the
72	72	41department of its plan to stop or phase out the use of school athletic team names, logos or
73	73	42mascots which name, refer to, represent or are associated with Native Americans, including
74	74	43aspects of Native American cultures and Native American tribes.
75	75	44 (h) No public school may adopt a new athletic team name, logo or mascot which names,
76	76	45refers to, represents or is associated with Native Americans, including aspects of Native
77	77	46American cultures and Native American tribes, including, but not limited to, tribes that are
78	78	47recognized by the United States or the Commonwealth.
79	79	48 (i) The department may promulgate regulations to implement this section.
80	80	49 SECTION 2. The list required under subsection (a) of section 1 shall be completed no
81	81	50later than 3 months after the effective date of this act.
82	82	51 SECTION 3. Subsection (h) of section 1 shall be effective upon the passage of this act.