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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