BILL ANALYSIS Ó
AB 30
Page 1
ASSEMBLY THIRD READING
AB
30 (Alejo)
As Amended April 7, 2015
Majority vote
--------------------------------------------------------------------
|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+----------------------|
|Education |7-0 |O'Donnell, Chávez, | |
| | |Kim, McCarty, | |
| | |Santiago, Thurmond, | |
| | |Weber | |
| | | | |
|----------------+------+---------------------+----------------------|
|Arts |6-0 |Calderon, Chu, | |
| | |Hadley, Levine, | |
| | |Medina, Nazarian | |
| | | | |
|----------------+------+---------------------+----------------------|
|Appropriations |12-3 |Gomez, Bloom, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
--------------------------------------------------------------------
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:
AB 30
Page 2
1)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.
2)Specifies that the provisions of this bill may not be waived by
the State Board of Education, except as specified by the bill.
3)Finds and declares that the use of racially derogatory or
AB 30
Page 3
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.
FISCAL EFFECT: According to the Assembly Appropriations Committee,
unknown General Fund (Proposition 98 of 1988) mandated costs, likely
less than $50,000, for schools to phase out uniforms and replace
signs and other items that bear the term "Redskin."
COMMENTS: This bill prohibits, beginning January 1, 2017, all
public schools from using the term "Redskins" for school or athletic
team names, mascots, or nicknames. 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 Senate Board of Education 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
AB 30
Page 4
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 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 United States 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 United States Commission on Civil
Rights recommendation, in 2005, the National Collegiate Athletic
Association (NCAA) adopted a policy prohibiting colleges and
AB 30
Page 5
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 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.
AB 30
Page 6
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.
Analysis Prepared by:
Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0000252
AB 30
Page 7