Amended in Senate September 1, 2015

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 on public 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.

29(b) Notwithstanding this section, a public school may continue
30to use uniforms or other materials bearing the term Redskins as a
31 school or athletic team name, mascot, or nickname that were
P3    1purchased before January 1, 2017, if all of the following
2requirements are met:

3(1) The school selects a new school or athletic team name,
4mascot, or nickname.

5(2) (A) Except as provided in subparagraph (B), the school
6refrains from purchasing or acquiring, for the purpose of
7distribution or sale to pupils or school employees, any uniform
8that includes or bears the term Redskins.

9(B) Notwithstanding subparagraph (A), prior to January 1, 2019,
10a school using uniforms that bear the term Redskins may purchase
11or acquire a number of uniforms equal to up to 20 percent of the
12total number of uniforms used by a team or band at that school
13during the 2016-17 school year for the purposes of replacing
14damaged or lost uniforms.

15(3) The school refrains from purchasing or acquiring, for the
16purpose of distribution or sale to pupils or school employees, any
17yearbook, newspaper, program, or other similar material that
18includes or bears the prohibited school or athletic team name,
19mascot, or nickname in its logo or cover title.

20(4) The school refrains from purchasing or constructing a
21marquee, sign, or other new or replacement fixture that includes
22or bears the prohibited school or athletic team name, mascot, or
23nickname.begin insert This paragraph applies to facilities that bear the
24prohibited school or athletic team name, mascot, or nickname, in
25which case the school shall remove the prohibited name no later
26than the next time the associated part of the facility is replaced in
27the normal course of maintenance.end insert

begin insert

28(c) It is the intent of the Legislature that implementation of the
29new school or athletic team name, mascot, or nickname does not
30result in a requirement to immediately purchase or replace
31materials or fixtures until they would have needed to be purchased
32or replaced without the enactment of this article.

end insert
begin delete

31 33(c)

end delete

34begin insert(d)end insert This section is not subject to waiver by the state board
35pursuant to Section 33050, except as specified in this section.

36

SEC. 2.  

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P4    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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