State Superintendent Brian Whiston is investigating whether he has authority to fine school districts that refuse to remove Native American mascots and logos that advocates argue are degrading and culturally insensitive.

Whiston, speaking after Tuesday's State Board of Education meeting, said he asked Michigan Attorney General Bill Schuette last month to issue a legal opinion on the matter.

"We're waiting for that answer," he said. "If he comes back and says 'no we don't have that authority,' it could go to the Legislature and it would be up to the Legislature if they want to give us that authority."

Such fines, if Whiston has the authority to issue them, could amount to five to 10 percent of a school district's state aid payment, he said.

Complaints over Native American mascots and logos stretch back years in Michigan. The issue flared up last month in Paw Paw, where the school board - despite pressure from the Native American community - voted 4-3 to keep the district's Redskins mascot and logo.

"It's deeply hurtful," Julie Dye, a member of the Pokagon Band of Potawatomi Indians who has pushed for Paw Paw to drop the Redskins name, told the State Board. She urged the State Board to fine districts, such as Paw Paw, that have decided against dropping mascots deemed offensive by the Native American community.

In December, Belding Area Schools voted to abandon its Redskins mascot amid criticism that the name is a racial slur.

In 2003, the State Board adopted a resolution 'strongly recommending' the school districts eliminate Native American mascots, nicknames, logos and fight songs. The resolution, reaffirmed by the board in 2010, notes that the issue should be addressed at the local level.

Whiston said districts where complaints about the mascot or logo have not been made would not be targeted for a fine. But -- if he has the authority -- he would seek to issue a fine in instances where complaints have been made and the name is "generally recognized" as offensive.

Before issuing a fine, though, Whiston would first issue a letter giving districts a 60-day window to reconsider making the change.

"I still don't have the authority to force the change," Whiston said. "But they would know they would face a financial fine for not changing."

Board member Michelle Fecteau said it's important for the State Board to ensure all students feel safe in school, and members of the Native American community shouldn't feel "maligned or ridiculed" as result of a mascot or logo.

On Tuesday, the State Board also directed Michigan Department of Education officials to work with the Legislature to examine changing the School Aid Act to give the department authority to issue such fines.

Richard Zeile, co-president of the State Board, abstained from the vote directing MDE to pursue the legislative change. He said the board has taken a position that mascots deemed culturally insensitive should be eliminated, and "hopefully some kind of compromise" could be reached when different groups are at odds over the matter.

But, he added: "I have reservations about coercing local districts."