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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