Bill Text: CA AB30 | 2015-2016 | Regular Session | Chaptered
Bill Title: School or athletic team names: California Racial Mascots
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2015-10-11 - Chaptered by Secretary of State - Chapter 767, Statutes of 2015. [AB30 Detail]
Download: California-2015-AB30-Chaptered.html
BILL NUMBER: AB 30 CHAPTERED
BILL TEXT
CHAPTER 767
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 3, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Alejo
(Principal coauthor: Senator Block)
(Coauthor: Senator Hancock)
DECEMBER 1, 2014
An act to add Article 3.5 (commencing with Section 221.2) to
Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code,
relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 30, Alejo. School or athletic team names: California Racial
Mascots Act.
Existing law provides that it is the policy of this state to
afford all persons in public schools equal rights and opportunities
in the educational institutions of the state, as specified, and
further prohibits, and provides remedies for, acts that are contrary
to that policy.
This bill would establish the California Racial Mascots Act, which
would prohibit public schools from using the term Redskins as a
school or athletic team name, mascot, or nickname beginning January
1, 2017, subject to specified exceptions. The bill would also provide
that this prohibition may not be waived by the State Board of
Education. To the extent that this prohibition would impose
additional duties on public schools, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.5 (commencing with Section 221.2) is added to
Chapter 2 of Part 1 of Division 1 of Title 1 of the Education Code,
to read:
Article 3.5. The California Racial Mascots Act
221.2. The Legislature finds and declares all of the following:
(a) 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.
(b) Certain athletic team names, mascots, and nicknames that have
been used and remain in use by other teams, including school teams,
in other parts of the nation are discriminatory in singling out the
Native American community for the derision to which mascots or
nicknames are often subjected.
(c) Many individuals and organizations interested and experienced
in human relations, including the United States Commission on Civil
Rights, have concluded that the use of Native American images and
names in school sports is a barrier to equality and understanding,
and that all residents of the United States would benefit from the
discontinuance of their use.
(d) No individual or school has a cognizable interest in retaining
a racially derogatory or discriminatory school or athletic team
name, mascot, or nickname.
221.3. (a) Beginning January 1, 2017, all public schools are
prohibited from using the term Redskins for school or athletic team
names, mascots, or nicknames.
(b) Notwithstanding this section, a public school may 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:
(1) The school selects a new school or athletic team name, mascot,
or nickname.
(2) (A) Except as provided in subparagraph (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.
(B) Notwithstanding subparagraph (A), prior to January 1, 2019, a
school using uniforms that bear the term Redskins may purchase or
acquire a number of uniforms equal to up to 20 percent of the total
number of uniforms used by a team or band at that school during the
2016-17 school year for the purposes of replacing damaged or lost
uniforms.
(3) 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.
(4) 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.
(c) It is the intent of the Legislature that implementation of a
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.
(d) This section is not subject to waiver by the state board
pursuant to Section 33050, except as specified in this section.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
