BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 30|
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THIRD READING
Bill No: AB 30
Author: Alejo (D)
Amended: 9/1/15 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE: 6-1, 6/17/15
AYES: Liu, Block, Hancock, Leyva, Monning, Pan
NOES: Vidak
NO VOTE RECORDED: Runner, Mendoza
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 60-9, 5/4/15 - See last page for vote
SUBJECT: School or athletic team names: California Racial
Mascots Act
SOURCE: Author
DIGEST: 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.
ANALYSIS:
Existing law:
1)Specifies that it is the policy of the State of California to
afford all persons in public schools, regardless of their
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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 (SBE) 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)
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
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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 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," as specified.
1)Specifies Legislative intent that implementation of a new name
does not require the immediate replacement of school fixtures
or materials until they would have needed to be purchased
without the enactment of this article.
2)Specifies that the provision of this bill may not be waived by
the SBE, except as specified in the bill.
3)Makes a variety of legislative findings and declarations
regarding the use of racially derogatory and discriminatory
Native American images and names in public schools and its
adverse effect on the state's mission of providing an equal
education to all.
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
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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
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 use of 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)Impact to 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 will 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
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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
community.
Prior Legislation
ACR 164 (Goldberg, 2006) adopted by the Assembly and sent to the
Senate, would have 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.
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"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 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, there are
unknown, but likely minor mandate costs for schools to select a
new school or athletic team name, mascot, or nickname if the
Commission on State Mandates (Commission) determines this bill
to impose a reimbursable state mandate. It is unclear whether
the Commission would determine implementation of the new school
name a reimbursable mandate given this bill's expanded
implementation phase-in and intent that implementation align
with the school's normal course of operation. Therefore, costs
attributed to implementing the new name would be absorbed
locally.
SUPPORT: (Verified8/28/15)
All Saints Church Pasadena
American Civil Liberties Union 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
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California Teachers Association
Capitol Area Indian Resources
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.
Southern California Tribal Chairmen's Association
Tom Torlakson, State Superintendent of Public Instruction
Tribal Council of the Agua Caliente Band of Cahuilla Indians
Yocha Dehe Wintun Nation
Several individuals
OPPOSITION: (Verified8/28/15)
Chowchilla Union High School District
City of Chowchilla City Council
City of Tulare City Council
Tulare Joint Union High School
Several individuals
ASSEMBLY FLOOR: 60-9, 5/4/15
AYES: Achadjian, Alejo, Baker, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon,
Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes,
McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk,
Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Brough, Gallagher, Gray, Harper, Jones, Mathis, Melendez,
Olsen, Wilk
NO VOTE RECORDED: Travis Allen, Bigelow, Campos, Chang, Dahle,
Beth Gaines, Grove, Obernolte, Patterson, Wagner, Waldron
Prepared by:Olgalilia Ramirez / ED. / (916) 651-4105
9/1/15 21:19:35
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