BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 30


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          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.










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          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.  








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          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  








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          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  








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          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  








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          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,  








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          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  








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          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  








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          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








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          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








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          Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087