§ 22-1-133. Prohibition on Use of American Indian Mascots – Exemptions – Definitions

1. As used in this section, unless the context otherwise requires:
   1. “American Indian mascot” means a name, symbol, or image that depicts or refers to an American Indian tribe, individual, custom, or tradition that is used as a mascot, nickname, logo, letterhead, or team name for the school.
   2. “Commission” means the Colorado commission of Indian affairs, established pursuant to section 24-44-102.
   3. “Institute charter school” means a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.
   4. “Public school” means:
      1. An elementary, middle, junior high, high school, or district charter school of a school district that serves any of grades kindergarten through twelve; and
      2. An institute charter school that serves any of grades kindergarten through twelve.
2. 1. Except as provided for in subsection (2)(b) of this section, on or after June 1, 2022, a public school in the state is prohibited from using an American Indian mascot. Notwithstanding the definition of the term “American Indian mascot” in subsection (1) of this section, a public school that is named after an American Indian tribe or American Indian individual may use the tribe’s or individual’s name, but not an image or symbol, on the public school’s letterhead. Any public school that is using such an American Indian mascot as of June 1, 2022, shall immediately cease use of such American Indian mascot.
   2. The prohibition set forth in subsection (2)(a) of this section does not apply to:
      1. Any agreement that exists prior to June 30, 2021, between a federally recognized Indian tribe and a public school. A public school that is a party to such an agreement is held to a high standard and expected to honor the agreement. The federally recognized Indian tribe has the right and ability to revoke any such agreement at any time at its discretion. If an agreement entered into pursuant to this subsection (2)(b)(I) between a federally recognized Indian tribe and a public school is terminated by either party, the public school has one year from the date of termination to discontinue its use of its American Indian mascot before the penalties set forth in subsection (3) of this section apply.
      2. Any public school that is operated by a federally recognized Indian tribe or with the approval of a federally recognized Indian tribe and existing within the boundaries of such tribe’s reservation.
      3. 1. The ability of any federally recognized Indian tribe to create and maintain a relationship or agreement with a public school that fosters goodwill, emphasizes education and supports a curriculum that teaches American Indian history, and encourages a positive cultural exchange. Such relationships and agreements may include important historical figures, names, imagery, tribal names, and more.
         2. Any such agreement entered into pursuant to this section between a public school and a federally recognized Indian tribe may allow any American Indian mascot that is culturally affiliated with that federally recognized Indian tribe as determined at the discretion of the tribe’s governing body. If an agreement entered into pursuant to this subsection (2)(b)(III) between a federally recognized Indian tribe and a public school is terminated by either party, the public school has one year from the date of termination to discontinue its use of its American Indian mascot before the penalties set forth in subsection (3) of this section apply.
         3. For the purposes of this section, a “federally recognized Indian tribe” is one of the forty-eight contemporary tribes with ties to Colorado, developed by history Colorado in partnership with the Colorado commission of Indian affairs. This list may change over time but is the official list to be used for the purposes of this section.
3. For each month during which a public school uses an American Indian mascot after June 1, 2022, the school district of the public school, or in the case of an institute charter school, the state charter school institute, shall pay a fine of twenty-five thousand dollars to the state treasurer, who shall credit the money received to the state education fund created in section 17 (4) of article IX of the state constitution.
4. 1. No later than thirty days after June 28, 2021, the commission shall identify each public school in the state that is using an American Indian mascot and that does not meet the criteria for an exemption as outlined in subsection (2)(b) of this section. The commission shall post such information on its website.
   2. In addition to posting on its website the information concerning public schools that are using an American Indian mascot, the commission, in coordination with the department of education, shall notify the school district of a public school identified by the commission pursuant to subsection (4)(a) of this section of the requirements related to the use of American Indian mascots, as set forth in subsection (2) of this section, as well as the penalty for continued used of such mascots as outlined in subsection (3) of this section. The commission, in coordination with the department of education, shall also provide the same notification to the charter school institute if any institute schools are identified pursuant to subsection (4)(a) of this section.
   3. When a public school identified pursuant to subsection (4)(a) of this section discontinues its use of its American Indian mascot prior to June 1, 2022, the public school shall notify its school district, or, in the case of an institute charter school, its authorizer, the commission, and the department of education of such discontinuation.
5. A public school that is identified to be in violation of subsection (2) of this section for using an American Indian mascot may apply to the department of education for a grant through the “Building Excellent Schools Today Act”, article 43.7 of title 22, to accomplish any structural changes that might be necessary to come into compliance with this section. The time required for making an application or for the awarding of such grant does not impact the time requirement set forth in subsection (2)(a) of this section.

Source: L. 2021: Entire section added, (SB 21-116), ch. 370, p. 2438, § 2, effective June 28.

Cross references: For the legislative declaration in SB 21-116, see section 1 of chapter 370, Session Laws of Colorado 2021.