BILL ANALYSIS Ó AB 30 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 30 (Alejo) As Amended September 3, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |60-9 |(May 4, 2015) |SENATE: |25-10 |(September 8, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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; AB 30 Page 2 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. AB 30 Page 3 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 AB 30 Page 4 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 AB 30 Page 5 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. AB 30 Page 6 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 AB 30 Page 7 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