Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 30


Introduced by Assembly Member Alejo

December 1, 2014


An act to add Article 3.5 (commencing with Section 221.2) to Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code, relating to schools.

LEGISLATIVE COUNSEL’S DIGEST

AB 30, as amended, Alejo. School or athletic team names: California Racial Mascots Act.

Existing law provides that it is the policy of this state to afford all persons in public schools equal rights and opportunities in the educational institutions of the state, as specified, and further prohibits, and provides remedies for, acts that are contrary to that policy.

This bill would establish the California Racial Mascots Act, which would prohibit public schools from using the term Redskins as a school or athletic team name, mascot, or nickname beginning January 1, 2017, subject to specified exceptions. The bill would also provide that this prohibition may not be waived by the State Board of Education. To the extent that this prohibition would impose additional duties onbegin insert publicend insert schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Article 3.5 (commencing with Section 221.2) is
2added to Chapter 2 of Part 1 of Division 1 of Title 1 of the 3Education Code, to read:

4 

5Article 3.5.  The California Racial Mascots Act
6

 

7

221.2.  

The Legislature finds and declares all of the following:

8(a) The use of racially derogatory or discriminatory school or
9athletic team names, mascots, or nicknames in California public
10schools is antithetical to the California school mission of providing
11an equal education to all.

12(b) Certain athletic team names, mascots, and nicknames that
13have been used and remain in use by other teams, including school
14teams, in other parts of the nation are discriminatory in singling
15out the Native American community for the derision to which
16mascots or nicknames are often subjected.

17(c) Many individuals and organizations interested and
18experienced in human relations, including the United States
19Commission on Civil Rights, have concluded that the use of Native
20American images and names in school sports is a barrier to equality
21and understanding, and that all residents of the United States would
22benefit from the discontinuance of their use.

23(d) No individual or school has a cognizable interest in retaining
24a racially derogatory or discriminatory school or athletic team
25name, mascot, or nickname.

26

221.3.  

(a) Beginning January 1, 2017, all public schools are
27prohibited from using the term Redskins for school or athletic team
28names, mascots, or nicknames.

begin delete

29(b) This section does not apply to a school located within, or
30with enrollment boundaries that include a portion of, Indian
31country,” as defined in Section 1151 of Title 18 of the United
32States Code, provided that the tribe having regulatory jurisdiction
33over the territory within that boundary has authorized the use of
P3    1the school or athletic team name, mascot, or nickname through an
2appropriate enactment or resolution.

end delete
begin delete

3(c)

end delete

4begin insert(b)end insert Notwithstanding this section, a public school may continue
5to use uniforms or other materials bearing the term Redskins as a
6 school or athletic team name, mascot, or nickname that were
7purchased before January 1, 2017, if all of the following
8requirements are met:

9(1) The school selects a new school or athletic team name,
10mascot, or nickname.

11(2) (A) Except as provided in subparagraph (B), the school
12refrains from purchasing or acquiring, for the purpose of
13distribution or sale to pupils or school employees, any uniform
14that includes or bears the term Redskins.

15(B) Notwithstanding subparagraph (A), prior to January 1, 2019,
16a school using uniforms that bear the term Redskins may purchase
17or acquire a number of uniforms equal to up to 20 percent of the
18total number of uniforms used by a team or band at that school
19during the 2016-17 school year for the purposes of replacing
20damaged or lost uniforms.

21(3) begin deleteRefrains end deletebegin insertThe school refrains end insertfrom purchasing or acquiring,
22for the purpose of distribution or sale to pupils or school
23employees, any yearbook, newspaper, program, or other similar
24material that includes or bears the prohibited school or athletic
25team name, mascot, or nickname in its logo or cover title.

26(4) begin deleteRefrains end deletebegin insertThe school refrains end insertfrom purchasing or constructing
27a marquee, sign, or other new or replacement fixture that includes
28or bears the prohibited school or athletic team name, mascot, or
29nickname.

begin delete

30(d)

end delete

31begin insert(c)end insert This section is not subject to waiver by the state board
32pursuant to Section 33050, except as specified in this section.

33

SEC. 2.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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