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. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2015 |Policy Vote: ED. 6 - 1 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 29, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 30 (Alejo) Page 1 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) 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: AB 30 (Alejo) Page 2 of ? 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. AB 30 (Alejo) Page 3 of ? 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. -- END -- AB 30 (Alejo) Page 4 of ?