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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|ASSEMBLY: |60-9 |(May 4, 2015) |SENATE: |25-10 |(September 8, |
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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