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