BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 30 (Alejo) - School or athletic team names: California Racial
Mascots Act.
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|Version: April 7, 2015 |Policy Vote: ED. 6 - 1 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 29, 2015 |Consultant: Jillian Kissee |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: This bill prohibits public schools from using the term
"Redskins" for school or athletic names, mascots, or nicknames
beginning January 1, 2017, as specified.
Fiscal
Impact: Unknown, but potentially significant mandate costs for
schools to select and implement a new school or athletic team
name, mascot, or nickname. The State Department of Education
(SDE) estimates that this bill would affect four public high
schools in the state.
Background:
Existing law:
1) Specifies that it is the policy of the State of
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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)
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)
Proposed Law:
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This bill prohibits public schools from using the term
"Redskins" for school or athletic names, mascots, or nicknames
beginning January 1, 2017. This bill does not allow this
prohibition to be waived by the State Board of Education for a
school.
This bill provides that a public school may continue to use
uniforms or other materials with the term "Redskins" that were
purchased before January 1, 2017 if the following requirements
are met:
The school selects a new school or athletic team name,
mascot, or nickname.
The school does not purchase or acquire any uniform that
has the term "Redskins" to distribute or sell. However, a
school may purchase or acquire up to 20 percent of the
total number of uniforms used by a team or band during the
2016-17 school year to replace damaged or lost uniforms, if
a school uses uniforms including this term before January
1, 2019.
The school does not purchase or acquire, for purposes of
distribution or sale, any yearbook, newspaper, program, or
other similar material that includes the prohibited term in
its logo or cover title.
The school does not purchase or construct a marquee,
sign, or other new or replacement fixture that includes the
prohibited term.
Related
Legislation: AB 13 (Goldberg, 2005) and 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. Both bills were
vetoed Governor Schwarzenegger.
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Staff
Comments: This bill prohibits all public schools from using the
term "Redskins" for school or athletic team names, mascots, or
nicknames beginning January 1, 2017. According to the SDE, four
schools use this term as their official school mascot. This
bill allows a public school to continue to use uniforms or other
materials bearing the term "Redskins" that were purchased before
January 1, 2017 if certain requirements are met. This provides
schools a mechanism to transition to a new mascot.
This bill could be interpreted by the Commission on State
Mandates to impose a higher level of service as the prohibition
of the use of the term "Redskins" would trigger the necessity
for schools to determine a new mascot or team name and update
related materials. Without this bill, the four schools would
not be required to take any action regarding their name or
mascot. The first, immediate, mandated activity could be the
process by which the schools select a new mascot, which would
presumably be deliberative with its community.
Because the bill explicitly provides the authority to continue
using materials that were purchased before January 1, 2017, so
long as new uniforms, materials, or signage using the
prohibitive term are not purchased in the future, the schools
are provided some discretion as to how best to implement the
transition to the new name. Ultimately, it will be left to the
Commission to decide whether the costs of the activities that
the schools are legally compelled to implement, though
incorporating some of their own discretion, to become compliant
with this new law will be reimbursable under state mandate law.
If a mandate claim is approved, such one-time activities would
include: replacing athletic and band uniforms and other
equipment; replacing team or school logos; repainting gym floors
and walls; replacement of school signs; and updating school
stationery and websites. Actual costs would vary between the
four schools depending on how widely the prohibited term is
used.
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