BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 30


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          30 (Alejo)


          As Amended  September 3, 2015


          Majority vote


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          Original Committee Reference:  ED.




          SUMMARY:  Establishes the California Racial Mascots Act and  
          prohibits, beginning January 1, 2017, all public schools from  
          using the term "Redskins" for school or athletic team names,  
          mascots, or nicknames.  Specifically, this bill:  


          1)Authorizes a public school to continue to use uniforms or  
            other materials bearing the term "Redskins" as a school or  
            athletic team name, mascot, or nickname that were purchased  
            before January 1, 2017, if all of the following requirements  
            are met:


             a)   The school selects a new school or athletic team name,  
               mascot, or nickname;









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             b)   The school refrains from purchasing or acquiring, for  
               the purpose of distribution or sale to pupils or school  
               employees, any uniform that includes or bears the term  
               "Redskins", except that a school using uniforms that bear  
               the term "Redskins" may, prior to January 1, 2019, purchase  
               or acquire a number of uniforms equal up to 20% of the  
               total number of uniforms used by a team or band at the  
               school during the 2016-17 school year for the purpose of  
               replacing damaged or lost uniforms;


             c)   The school refrains from purchasing or acquiring, for  
               the purpose of distribution or sale to pupils or school  
               employees, any yearbook, newspaper, program, or other  
               similar material that includes or bears the prohibited  
               school or athletic team name, mascot, or nickname in its  
               logo or cover title; and,


             d)   The school refrains from purchasing or constructing a  
               marquee, sign, or other new or replacement fixture that  
               includes or bears the prohibited school or athletic team  
               name, mascot, or nickname.  This paragraph applies to  
               facilities that bear the prohibited school or athletic team  
               name, mascot, or nickname, in which case the school shall  
               remove the prohibited name no later than the next time the  
               associated part of the facility is replaced in the normal  
               course of maintenance.


          2)Expresses the intent of the Legislature that implementation of  
            the new school or athletic team name, mascot, or nickname does  
            not result in a requirement to immediately purchase or replace  
            materials or fixtures until they would have needed to be  
            purchased or replaced without the enactment of this article.


          3)Specifies that the provisions of this bill may not be waived  
            by the State Board of Education, except as specified by the  
            bill.  









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          4)Finds and declares that the use of racially derogatory or  
            discriminatory school or athletic team names, mascots, or  
            nicknames in California public schools is antithetical to the  
            California school mission of providing an equal education to  
            all, and that certain athletic team names, mascots, and  
            nicknames are discriminatory in singling out the Native  
            American community for the derision to which mascots or  
            nicknames are often subjected.


          The Senate amendments clarify that this bill's requirement that  
          a school refrain from purchasing or constructing a marquee, sign  
          or other new or replacement fixture that bears the prohibited  
          school or athletic team name, mascot or nickname applies to  
          facilities that bear the name, and specify that the school is to  
          remove the name no later than the next time the associated part  
          of the facility is replaced in the normal course of maintenance.  
           Senate amendments also express the Legislature's intent to not  
          require schools to immediately purchase or replace materials or  
          fixtures until they would have needed to be purchased or  
          replaced without the enactment of this bill.   


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, 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 the 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.


          COMMENTS:  This bill prohibits, beginning January 1, 2017, all  
          public schools from using the term "Redskins" for school or  
          athletic team names, mascots, or nicknames.  This bill  
          authorizes a school to continue using uniforms or other  
          materials that were purchased before January 1, 2017, as long as  








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          the school selects a new school or athletic team name, mascot or  
          nickname, and refrains from purchasing new items (yearbook,  
          newspaper, marquee, signs, etc.) that bear the name.  This bill  
          does allow an exception to replace damaged or lost uniforms,  
          prior to January 1, 2019, but only in an amount equal to 20% of  
          the total number of uniforms used by a team or a band at a  
          school during the 2016-17 school year.  Amendments adopted in  
          the Senate clarify that schools are not required to replace  
          facilities that bear the prohibited name, or purchase or replace  
          materials or fixtures until they are scheduled to be repaired or  
          replaced.   


          Under current law, the State Board of Education is authorized to  
          waived Education Code provisions at the request of a school  
          district or county board of education.  This bill specifically  
          prohibits the provisions of this bill from the waiver process.


          What is the origin of "Redskins" and should its use be  
          prohibited?  One of the origins of the term is based in the  
          1700's when early settlers offered a bounty for the killings of  
          Native American people.  "Redskin" was used to describe the  
          bloody scalp that was provided as proof of a killing.  Chants  
          such as "Kill the Redskins!" or "Scalp the Indians!" are  
          commonly shouted by opponents of teams with Native American team  
          names and mascots.  These and negative mascot images may have a  
          harmful effect on the self-esteem and self-confidence of Native  
          American youth.  In a July 2014 report titled "Missing the  
          Point," Erik Stegman and Victoria Phillips report that suicide  
          is the second leading cause of death for Native American youth  
          between 15 and 24, at a rate that is 2.5 times higher than the  
          national average.  


          In 2005, the American Psychological Association urged all  
          schools, colleges, universities, athletic teams and  
          organizations to retire all American Indian mascots, symbols,  
          and images because such practice undermine the educational  
          experiences of all people and can create a "hostile learning  
          environment for American Indian students that affirm negative  
          images/stereotypes that are promoted in mainstream society."  In  








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          a statement, Dr. Lisa Thomas stated, "We know from the  
          literature that oppression, covert and overt racism, and  
          perceived racism can have serious negative consequences for the  
          mental health of American Indian and Alaska native (AIAN)  
          people.  The discontinued use of American Indian mascots is a  
          gesture to show that this kind of racism toward and the  
          disrespect of, all people in our country and in the larger  
          global context, will not be tolerated."  


          In 2001, the United States Commission on Civil Rights issued a  
          statement calling for an end to the use of Native American  
          images and team names by non-Native schools.  It stated, "The  
          Commission deeply respects the rights of all Americans to  
          freedom of expression under the First Amendment? However, the  
          Commission believes that the use of Native American images and  
          nicknames in school is insensitive and should be avoided.   
          Schools that continue to use Indian imagery and references claim  
          that their use stimulates interest in Native American culture  
          and honors Native Americans.  These institutions have simply  
          failed to listen to the Native groups, religious leaders, and  
          civil rights organizations that oppose these symbols."


          Partially in response to the 2001 United States Commission on  
          Civil Rights recommendation, in 2005, the National Collegiate  
          Athletic Association (NCAA) adopted a policy prohibiting  
          colleges and universities playing in championship games from  
          displaying hostile mascots, nicknames or images in terms of  
          race, ethnicity or national origin.  The NCAA does not prohibit  
          colleges and universities from adopting Native American mascots  
          or prohibit their display during regular season games, however.   
          The California Interscholastic Federation does not have a policy  
          on the use of Native American terms for team names or mascots.  


          Many Native Americans view "Redskins" as a racial slur, similar  
          to the "N" word.  In fact, there are individuals who refer to  
          the term as the "R-word" rather than spelling or pronouncing the  
          name.  Several media outlets, including the San Francisco  
          Chronicle, the Washington Post's editorial board, Seattle Times,  
          and others have decided not to use the term unless necessary.     








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          How many schools would this bill affect?  There are currently  
          four high schools in California that use "Redskins" as a team  
          name and mascot.  They include Gustine High School (Merced  
          County), Calaveras High School (Calaveras County), Chowchilla  
          Union High School (Madera County), and Tulare Union High School  
          (Tulare County).


          Colusa High School (Colusa County) changed its team name from  
          "Redskins" to "Redhawks" about four years ago.  The Los Angeles  
          Unified School District (LAUSD) Board passed a resolution in  
          1997 finding that the "use of American Indian mascot names and  
          images in schools evokes negative images that become deeply  
          imbedded in the minds of students, depicting American Indians in  
          inaccurate, stereotypic, and often violent manners." The  
          resolution resolved that American Indian mascots and names such  
          as Apaches, Mohicans, Warriors, and Braves would no longer be  
          used.  In 1998, a federal judge upheld the LAUSD resolution.   
          According to the LAUSD, all American Indian names have been  
          eliminated.  


          In 2013-14, there were 38,616 students identified as American  
          Indian enrolled in California's public schools.  


          Arguments in Support.  The author states, "The use of the R-word  
          as a team mascot began in an era when racism and bigotry were  
          deemed acceptable.  Once used to describe Native Americans  
          scalps sold for a bounty, current use of the R-word is widely  
          recognized as a racial slur that promotes discrimination against  
          Native Americans.  The Native Congress of American Indians  
          launched a campaign 40 years ago to go against derogatory  
          stereotypes in media and sports.  Throughout the country,  
          hundreds of demeaning 'Indian' mascots have already been  
          replaced.  In 1972, Stanford switched from the Indians to the  
          Cardinals.  Other universities and hundreds of high schools have  
          followed suit since then.  This past summer, the movement gained  
          momentum when the Yocha DeHe Tribe of Northern California aired  








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          a commercial denouncing the Washington mascot during the NBA  
          Finals.  The commercial has refocused attention on the issue and  
          helped millions of Americans understand the racial overtones of  
          the team's moniker.  With growing support and awareness of the  
          issue, it is time that we act to disallow the use of the R-word  
          by our public schools."  


          Arguments in Opposition.  The Gustine City Council states that  
          the "community of Gustine and the leaders who are elected by the  
          voting public to administer the institutions that serve the  
          community are more than capable of considering the issue and  
          making decisions that are in the best interests of the  
          community."  Members of the City Council further state that the  
          community and the school district have shown respect for Native  
          Americans and believe that the most appropriate way to address  
          this issue is through the local process.  


          Analysis Prepared by:                                             
                          Sophia Kwong Kim / ED. / (916) 319-2087  FN:  
          0001908