SF97

Purpose

The bill changes how public schools in Minnesota can obtain an exemption from the ban on using American Indian mascots. It sets a formal process for tribal consultation, specifies deadlines for submitting and deciding on exemptions, and outlines when a school can be exempt from the mascot prohibition based on tribal feedback and county ties.

Key Provisions

• Exemption route: A public school may seek an exemption from the mascot prohibition by submitting a written request to all 11 federally recognized Tribal Nations in Minnesota and to the Tribal Nations Education Committee.
• Deadlines for the exemption request: Requests must be submitted by September 1, 2023.
• Opposition-based denial: The exemption is denied if any of the 11 Tribal Nations or the Tribal Nations Education Committee opposes the exemption by December 15, 2023.
• Post-denial compliance with potential exemptions: If the exemption is denied, the school must prepare to comply with the mascot prohibition by September 1, 2026, subject to certain exemptions:
  • If there is an American Indian Tribe located in the same county as the public school and that tribe does not object to the use of the mascot, the school is exempt from the prohibition.
  • If no American Indian Tribe exists in the same county, the school is exempt from the prohibition.
• Relationship to existing law: The exemptions hinge on the status of tribal involvement and objections, within the framework of the current prohibition in subdivision 2.

Exemption Process and Timeline

• Submission: Written exemption request due by September 1, 2023, to all 11 federally recognized Minnesota Tribal Nations and to the Tribal Nations Education Committee.
• Decision point: Exemption can be denied if any tribe or the committee objects by December 15, 2023.
• If denied: School must prepare to comply by September 1, 2026, unless an exception applies (see below).
• Exceptions to compliance after denial:
  • If a tribal nation in the same county does not object to the mascot use, the school is exempt from the prohibition.
  • If no tribal nation exists in the same county, the school is exempt from the prohibition.

Changes to Existing Law

• Introduces a formal, multi-actor exemption process that requires tribal consultation for mascot use decisions.
• Adds explicit deadlines for both submitting exemption requests and for opposition determinations.
• Creates county-based exemption paths that can override the general prohibition in certain circumstances.
• Clarifies the role of the Tribal Nations Education Committee and the involvement of all federally recognized tribal nations in Minnesota.

Potential Impacts

• Public schools may gain a clearer pathway to temporarily or permanently retain a mascot if specific tribal feedback and county conditions align.
• The process emphasizes collaboration with tribal governments and may affect how quickly schools can change or keep mascots.
• In counties without a local tribe, schools may be automatically exempt from the prohibition, preserving current practices there.

Relevant Terms - American Indian mascot - Mascot exemption - Prohibition (mascots) - Exemption process - Subdivision 2 (existing prohibition language) - Subdivision 3 (exemption provisions) - Minnesota Statutes 2024 section 121A.041 - Public school - Federally recognized Tribal Nations (11 in Minnesota) - Tribal Nations Education Committee - In-county American Indian Tribe - No in-county American Indian Tribe - Opposition / objection - Deadlines: September 1, 2023; December 15, 2023; September 1, 2026