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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