BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 30
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|Author: |Alejo |
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|Version: |April 7, 2015 Hearing |
| |Date: June 17, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Olgalilia Ramirez |
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Subject: School or athletic team names: California Racial
Mascots Act
SUMMARY
This bill establishes the California Racial Mascots Act and
prohibits public schools from using the term Redskins for school
or athletic team names, mascots or nicknames beginning January
1, 2017.
BACKGROUND
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. No person shall be
subjected to discrimination, as described, in any program or
activity conducted by an educational institution that
receives, or benefits from state financial assistance.
(Education Code § 220)
2)Declares that California's public schools have an affirmative
obligation to combat racism, sexism, and other forms of bias,
and a responsibility to provide equal education opportunity.
(EC § 201)
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3)States that a local school district governing board has
general control of and responsibility for all aspects of the
interscholastic athletic policies, programs, and activities in
its district. Existing law also provides that no voluntary
interscholastic athletic association, of which any public
school is a member, shall discriminate against, or deny the
benefits of any program to, any person on any basis prohibited
by the state's policy to afford all persons in public schools
equal rights and opportunities in the educational institutions
of the state. (EC § 35179)
4)Requires the State Board of Education 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 § 233)
ANALYSIS
This bill:
1)Establishes the California Racial Mascots Act and beginning
January 1, 2017, prohibits public schools from using the term
"Redskins," for school or athletic team names, mascots or
nicknames.
2)Authorizes the continued use of uniforms or other materials
bearing the term "Redskins," as specified, purchased before
January 1, 2017, if the school meets all of the following
requirements:
a) Selects a new school or athletic team name,
mascot, or nickname.
b) Refrains from purchasing or acquiring any uniform
that includes or bears the term "Redskins," for the purpose
of distribution or sale to students or school employees
except when replacing damaged or lost uniforms before
January 1, 2019, a school may purchase or acquire up to 20%
of the total number of uniforms used by a team or band
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during the 2016-17 school year, as specified.
c) Refrains from purchasing or acquiring any
yearbook, newspaper, program, or other similar material
that includes or bears the term "Redskins," in its logo or
cover title for the purpose of distribution or sale to
students or school employees.
d) Refrains from purchasing or constructing a
marquee, sign, or other new or replacement fixture that
includes or bears the term "Redskins."
e) Specifies that the provision of this bill may not
be waived by the State Board of Education, except as
specified in the bill.
f) Makes a variety of Legislative findings and
declarations regarding the derogatory and discriminatory
nature of Native American athletic team names, mascots, and
nicknames and the barrier that these create to equality and
understanding.
STAFF COMMENTS
1)Need for this bill. According to the author, the use of the
derogatory term "Redskins" as a team name demeans Native
Americans and is inconsistent with the requirement that public
schools in California provide educational opportunity to all
students regardless of race, ethnicity, or national origin.
This sentiment is shared by a number of national organizations
including the American Psychological Association which passed
a resolution calling for the immediate retirement of American
Indian mascots, symbols by schools, colleges, universities,
and athletic teams noting potential negative affects it may
have on the mental health Native American youth. The United
States Department of Education's Office for Civil Rights has
also weighed on the issue and concluded that, "the use for
stereotypical images of Native Americans by education
institutions has the potential to create a racially hostile
education environment that may be intimidating to Indian
students."
This bill removes the term "Redskins," from all public schools
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and declares the use of racially derogatory mascot names
conflicting with the state's mission of providing an equality
education for all students.
2)National trend. Since the National Congress of American Indians
commenced its campaign against the use of American Indian
imagery as mascots in 1963, numerous universities and high
schools dropped team names such as "savages," "redmen," and
"chiefs" and replaced them with new mascots. In California,
Stanford University in 1973 changed its mascot from Indians to
Cardinal and two high schools, Mountain Empire in 1997 and
Colusa in 2011 terminated the name "Redskins."
Several local school and state education boards across the
country have also enacted policies to prohibit the use
"Indian," mascots and images in schools. Notably, the Los
Angeles Unified School District took action prohibiting its
schools from using Native American mascots.
According to the National Congress of American Indians,
California has the largest number of Native Americans in the
country.
3)Affected California high schools. According to the
Superintendent of Public Instruction, only four California
high schools use "Redskins," as their official school mascot.
These schools located in the central valley include Gustine
High School, Calaveras High School, Chowchilla Union High
School, and Tulare High School.
This bill would result in these four schools phasing out the
"Redskins," mascot name
by 2017.
4)Local control? Current law affords local school district
governing board's general control over all aspects of their
interscholastic athletic policies, programs, and activities.
Arguably, decisions regarding athletic team names, nicknames
or mascots fall within the local board's authority and local
governing boards (as in the case of the Los Angeles Unified
School District) can and do take steps to prohibit the use of
Native American mascots and names as appropriate to their
local communities. The author's office asserts, however, that
the decision to change is challenging due to the emotional and
sensitive nature of a debate that tends to divide the local
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community.
5)Prior Legislation.
ACR 164 (Goldberg, 2006) adopted by the Assembly and sent to
the Senate, requested the California Interscholastic
Federation to adopt policies that are consistent with the
National Collegiate Athletic Association policies relative to
the use of Native American mascots and any other hostile or
abusive racial, ethnic, or national origin mascot.
AB 13 (Goldberg, 2005), nearly identical to this bill and AB
858, would have prohibited all public schools from using the
term Redskins for school or athletic team names, mascots, or
nicknames and was vetoed Governor Schwarzenegger, whose veto
message read:
"I vetoed a nearly identical bill last year because it
added another non-academic state administrative
requirement, thereby diverting focus from increasing
student academic achievement. Administrative decisions
regarding athletic team names, nicknames or mascots should
be retained at the local level."
AB 858 (Goldberg, 2004), nearly identical to this bill, would
have prohibited all public schools from using the term
Redskins for school or athletic team names, mascots, or
nicknames. AB 858 was vetoed by Governor Schwarzenegger, whose
veto message read:
"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."
AB 2115 (Goldberg, 2002) would have prohibited all public
schools, community colleges, the California State University
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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. AB 2115 failed passage on the Assembly Floor.
SUPPORT
American Civil Liberties Union (ACLU) of California
American Indian Community Council
Anti-Defamation League
Buena Vista Rancheria Me-wuk Indians
California Civil Rights Coalition
California Communities United Institute
California Faculty Association (CFA)
California Teachers Association
Capitol Area Indian Resources (CAIR)
Committee of 500 Years of Dignity and Resistance
Foothill Indian Education Alliance, Inc.
Jackson Rancheria Band of Miwuk Indians
Mexican American Legal Defense and Educational Fund
Northern California Indian Development Council, Inc.
Round Valley Indian Tribes
Southern California Indian Center, Inc.
Tom Torlakson, State Superintendent of Public Instruction
Tribal Council of the Agua Caliente Band of Cahuilla Indians
Yocha Dehe Wintun Nation
Numerous Individuals
OPPOSITION
City of Tulare City Council
Individuals
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