BILL ANALYSIS Ó AB 30 Page 1 Date of Hearing: March 25, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 30 (Alejo) - As Introduced December 1, 2014 [Note: This bill is doubled referred to the Assembly Arts, Entertainment, Sports, Tourism, and Internet Media Committee and will be heard by that Committee as it relates to issues under its jurisdiction.] SUBJECT: School or athletic team names: California Racial Mascots Act SUMMARY: Establishes the California Racial Mascots Act and prohibits, beginning January 1, 2017, all public schools from using the term "Redskins" for school or athletic team names, mascots, or nicknames. Specifically, this bill: 1)Specifies that this bill does not apply to a school located within, or with enrollment boundaries that include a portion of Indian country as defined in federal code, provided that the tribe having regulatory jurisdiction over the territory has authorized the use of the school or athletic team name, mascot, or nickname through an appropriate enactment or resolution. AB 30 Page 2 2)Authorizes a public school to continue to use uniforms or other materials bearing the term "Redskins" as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, if all of the following requirements are met: a) The school selects a new school or athletic team name, mascot, or nickname; b) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any uniform that includes or bears the term "Redskins", except that a school using uniforms that bear the term "Redskins" may, prior to January 1, 2019, purchase or acquire a number of uniforms equal up to 20% of the total number of uniforms used by a team or band at the school during the 2016-17 school year for the purpose of replacing damaged or lost uniforms; c) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, mascot, or nickname in its logo or cover title; and, d) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, mascot, or nickname. 3)Specifies that the provisions of this bill may not be waived by the State Board of Education (SBE), except as specified by the bill. AB 30 Page 3 4)Finds and declares that the use of racially derogatory or discriminatory school or athletic team names, mascots, or nicknames in California public schools is antithetical to the California school mission of providing an equal education to all, and that certain athletic team names, mascots, and nicknames are discriminatory in singling out the Native American community for the derision to which mascots or nicknames are often subjected. EXISTING LAW: 1)Specifies that it is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes, equal rights and opportunities in the educational institutions of the state. (Education Code (EC) Section 200) 2)Requires the SBE to adopt policies directed toward creating a school environment in kindergarten through grade 12 that is free from discriminatory attitudes and practices and acts of hate violence. (EC Section 233) FISCAL EFFECT: Unknown COMMENTS: What this bill does. This bill prohibits, beginning January 1, 2017, all public schools from using the term "Redskins" for school or athletic team names, mascots, or nicknames, unless a tribe authorizes such use for a school that is located within or has enrollment boundaries that includes the AB 30 Page 4 jurisdiction of an "Indian country", as defined by the federal government. The bill authorizes a school to continue using uniforms or other materials that were purchased before January 1, 2017 as long as the school selects a new school or athletic team name, mascot or nickname, and refrains from purchasing new items (yearbook, newspaper, marquee, signs, etc.) that bear the name. The bill does allow an exception to replace damaged or lost uniforms, prior to January 1, 2019, but only in an amount equal to 20% of the total number of uniforms used by a team or a band at a school during the 2016-17 school year. Under current law, the SBE is authorized to waived Education Code provisions at the request of a school district or county board of education. This bill specifically prohibits the provisions of this bill from the waiver process. What is the origin of "Redskins" and should its use be prohibited? One of the origins of the term is based in the 1700's when early settlers offered a bounty for the killings of Native American people. "Redskin" was used to describe the bloody scalp that was provided as proof of a killing. Chants such as "Kill the Redskins!" or "Scalp the Indians!" are commonly shouted by opponents of teams with Native American team names and mascots. These and negative mascot images may have a harmful effect on the self-esteem and self-confidence of Native American youth. In a July 2014 report titled "Missing the Point," Erik Stegman and Victoria Phillips report that suicide is the second leading cause of death for Native American youth between 15 and 24, at a rate that is 2.5 times higher than the national average. In 2005, the American Psychological Association urged all schools, colleges, universities, athletic teams and organizations to retire all American Indian mascots, symbols, and images because such practice undermine the educational experiences of all people and can create a "hostile learning AB 30 Page 5 environment for American Indian students that affirm negative images/stereotypes that are promoted in mainstream society." In a statement, Dr. Lisa Thomas stated, "We know from the literature that oppression, covert and overt racism, and perceived racism can have serious negative consequences for the mental health of American Indian and Alaska native (AIAN) people. The discontinued use of American Indian mascots is a gesture to show that this kind of racism toward and the disrespect of, all people in our country and in the larger global context, will not be tolerated." In 2001, the U.S. Commission on Civil Rights issued a statement calling for an end to the use of Native American images and team names by non-Native schools. It stated, "The Commission deeply respects the rights of all Americans to freedom of expression under the First Amendment?However, the Commission believes that the use of Native American images and nicknames in school is insensitive and should be avoided. Schools that continue to use Indian imagery and references claim that their use stimulates interest in Native American culture and honors Native Americans. These institutions have simply failed to listen to the Native groups, religious leaders, and civil rights organizations that oppose these symbols." Partially in response to the 2001 U.S. Commission on Civil Rights recommendation, in 2005, the National Collegiate Athletic Association (NCAA) adopted a policy prohibiting colleges and universities playing in championship games from displaying hostile mascots, nicknames or images in terms of race, ethnicity or national origin. The NCAA does not prohibit colleges and universities from adopting Native American mascots or prohibit their display during regular season games, however. The California Interscholastic Federation does not have a policy on the use of Native American terms for team names or mascots. Many Native Americans view "Redskins" as a racial slur, similar AB 30 Page 6 to the "N" word. In fact, there are individuals who refer to the term as the "R-word" rather than spelling or pronouncing the name. Several media outlets, including the San Francisco Chronicle, the Washington Post's editorial board, Seattle Times, and others have decided not to use the term unless necessary. How many schools would this bill affect? There are currently four high schools in California that use "Redskins" as a team name and mascot. They include Gustine High School (Merced County), Calaveras High School (Calaveras County), Chowchilla Union High School (Madera County), and Tulare Union High School (Tulare County). Colusa High School (Colusa County) changed its team name from "Redskins" to "Redhawks" about four years ago. The Los Angeles Unified School District (LAUSD) Board passed a resolution in 1997 finding that the "use of American Indian mascot names and images in schools evokes negative images that become deeply imbedded in the minds of students, depicting American Indians in inaccurate, stereotypic, and often violent manners." The resolution resolved that American Indian mascots and names such as Apaches, Mohicans, Warriors, and Braves would no longer be used. In 1998, a federal judge upheld the LAUSD resolution. According to the LAUSD, all American Indian names have been eliminated. In 2013-14, there were 38,616 students identified as American Indian enrolled in California's public schools. Genesis of the bill. Former Assemblymember Jackie Goldberg (D-Los Angeles) introduced several bills between 2002 and 2005 attempting to outlaw the use of Native American terms as team names and mascots. Her first bill, AB 2115 (2002), prohibited a number of Native American terms, including Redskins, Indians, AB 30 Page 7 Braves, Chiefs, Apaches, and Comanches. The bill failed passage on the Assembly Floor. Her final two bills were narrowed to prohibit only the term "Redskins". AB 30 is nearly identical to the last two bills introduced by Assemblymember Goldberg, AB 13 (2005) and AB 858 (2004), which were both vetoed by Governor Schwarzenegger. The veto message stated: "Existing statute already affords local school boards general control over all aspects of their interscholastic athletic policies, programs, and activities. Decisions regarding athletic team names, nicknames or mascots should be retained at the local level. "At a time when we should all be working together to increase the academic achievement of all California's students, adding another non-academic state administrative requirement for schools to comply with takes more focus away from getting kids to learn at the highest levels." This issue resurfaced in the Legislature with the recent movement to urge the National Football League's (NFL) Washington "Redskins" to change its name. Last year, the author of this bill authored ACR 168 (Alejo), Resolution Chapter 179, Statutes of 2014, urging the NFL to join with the Legislature and numerous organizations in calling for a name change for the Washington, D.C. NFL team, and calls upon the owners of NFL teams based in California to urge the owner of the Washington, D.C. NFL team and the NFL Commissioner to change the team mascot. Committee amendment. The bill authorizes the use of the term "Redskins" if authorized by a tribe with jurisdiction over the school boundaries. It is not clear whether any of the four high schools using "Redskins" are located in "Indian country." According to one of the sponsors of the bill, this provision was incorporated in the first Goldberg bill when the bill applied to AB 30 Page 8 a number of terms, and carried over to the two remaining bills. Since this bill applies to just one term, which the author and sponsors have determined to be the most offensive, staff recommends striking this provision. Arguments in Support. The author states, "The use of the R-word as a team mascot began in an era when racism and bigotry were deemed acceptable. Once used to describe Native Americans scalps sold for a bounty, current use of the R-word is widely recognized as a racial slur that promotes discrimination against Native Americans. The Native Congress of American Indians launched a campaign 40 years ago to go against derogatory stereotypes in media and sports. Throughout the country, hundreds of demeaning "Indian" mascots have already been replaced. In 1972, Stanford switched from the Indians to the Cardinals. Other universities and hundreds of high schools have followed suit since then. This past summer, the movement gained momentum when the Yocha DeHe Tribe of Northern California aired a commercial denouncing the Washington mascot during the NBA Finals. The commercial has refocused attention on the issue and helped millions of Americans understand the racial overtones of the team's moniker. With growing support and awareness of the issue, it is time that we act to disallow the use of the R-word by our public schools." Arguments in Opposition. The Gustine City Council states that the "community of Gustine and the leaders who are elected by the voting public to administer the institutions that serve the community are more than capable of considering the issue and making decisions that are in the best interests of the community." Members of the City Council further state that the community and the school district have shown respect for Native Americans and believe that the most appropriate way to address this issue is through the local process. Prior legislation. ACR 164 (Goldberg), adopted by the Assembly and sent to the Senate in 2006, requested the California Interscholastic Federation to adopt policies that are consistent with the National Collegiate Athletic Association policies AB 30 Page 9 relative to the use of Native American mascots and any other hostile or abusive racial, ethnic, or national origin mascot. AB 13 (Goldberg), nearly identical to this bill, vetoed by Governor Schwarzenegger in 2005. AB 858 (Goldberg), nearly identical to this bill, vetoed by the Governor Schwarzenegger in 2004. AB 2115 (Goldberg) of 2002 would have prohibited all public schools, community colleges, the California State University and the University of California, to the extent agreed upon by the Board of Regents, from using specified Native American names, including Redskins, Indians, Braves, Chiefs, Apaches, and Comanches, for school or athletic team names, mascots, or nicknames. The bill failed passage on the Assembly Floor. REGISTERED SUPPORT / OPPOSITION: Support Mexican American Legal Defense and Educational Fund (co-sponsor) Adam Dalton, Tribal Chairman, Jackson Rancheria Band of Miwuk Indians Agua Caliente Band of Cahuilla Indians Tribal Council California Communities United Institute AB 30 Page 10 California Teachers Association Capitol Area Indian Resources Committee of 500 Years of Dignity and Resistance (Cleveland, Ohio) Foothill Indian Education Alliance, Inc. Southern California Indian Center, Inc. Northern California Indian Development Council Tribal Council of the Agua Caliente Band of Cahuilla Indians Wilton Rancheria Tribal Council Yocha Dehe Wintun Nation Several individuals Opposition Gustine City Council AB 30 Page 11 Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087