NY State Senate Bill 2021-S1549E

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2022	print number 1549e
May 18, 2022	amend and recommit to education
May 02, 2022	print number 1549d
May 02, 2022	amend and recommit to education
Jan 05, 2022	referred to education
Jun 04, 2021	print number 1549c
Jun 04, 2021	amend and recommit to education
Apr 22, 2021	print number 1549b
Apr 22, 2021	amend (t) and recommit to education
Mar 09, 2021	print number 1549a
Mar 09, 2021	amend and recommit to education
Jan 13, 2021	referred to education

2021-S1549 - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549 - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549 - Sponsor Memo

                                
 
BILL NUMBER: S1549

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to race-based mascots,
names or logos

 
PURPOSE:

To bar public schools from using race-based mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to
require the Commissioner of Education to promulgate regulations barring
schools from using race-based names, logos, or mascots.  Schools will be
allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2023 provided that they meet
certain criteria. This section does not prohibit Native American tribes
from using a native-related name, logo, or mascot.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach non-native children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students(1)

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005 the
NCAA banned the use of native mascots by teams in postseason appear-
ances, but did not bar schools from otherwise using those mascots or
names.(2) In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.(3)
This year, following widespread protests over the murder of George
Floyd, Nike announced that it would stop selling any gear for Washing-
tons' Football team until they changed their name.(4) Shortly thereaft-
er, under immense public pressure, the Washington Football Team decided
to change their name.  They had used the racial slur "r*dskins" for 87
years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.

This bill would require the Commissioner of Education to promulgate
rules barring New York Public Schools from using "race-based" mascots,
logos, or names. Schools would be allowed to use existing uniforms or
other materials bearing prohibited logos, mascots, or names until
September 1, 2023 provided that they select a new name and imagery, do
not sell or distribute any equipment or newspaper, yearbook, etc. bear-
ing the prohibited logo, mascot, or name, or construct any new signs,
marquees, etc. bearing the prohibited logo, mascot, or name. The bill
has an exception for Native American tribes which may use native-related
logos, mascots, or names, and also allows them to give explicit consent
to a school to use their particular tribal name.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1) https://www.apa.org/pi/oemairesources/indian-mascots
(2) 2 https://www.espn.com/college-sports/news/story?id=2125735
(3)https://www.npr.org/sections/thetwo-way/
2015/11/05/454902114/adidas-offers-to- help-u-s-high-schools-p hase-out-
native-american-mascots (4)https://www.cbssports,com/nfl/news/ nike-
will-not-feature-washington-gear- until-the-team-name-is-change d-per-
report/

2021-S1549 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1549
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  race-based  mascots,
   names or logos
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. RACE-BASED MASCOTS, NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "RACE-BASED MASCOT OR LOGO" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT USED
 TO REPRESENT A SCHOOL DISTRICT WHICH IS DERIVED FROM A SPECIFIC RACE  OR
 ETHNICITY  OR  IS BASED ON CERTAIN CHARACTERISTICS OF A SPECIFIC RACE OR
 ETHNICITY. A "RACE-BASED NAME" SHALL BE A NAME DERIVED FROM  A  SPECIFIC
 RACE  OR  ETHNICITY OR IS BASED ON CERTAIN CHARACTERISTICS OF A SPECIFIC
 RACE OR ETHNICITY.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  TO  ENSURE
 THAT NO PUBLIC SCHOOL USES A RACE-BASED MASCOT, NAME, OR LOGO.
   3.  NOTWITHSTANDING  THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE TO USE
 UNIFORMS OR OTHER MATERIALS BEARING THEIR PROHIBITED ATHLETIC TEAM NAME,
 LOGO, OR MASCOT THAT WERE PURCHASED BEFORE  A  DATE  PRESCRIBED  BY  THE
 COMMISSIONER  UNTIL  SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR IF ALL OF
 THE FOLLOWING REQUIREMENTS ARE MET:
   (A) THE SCHOOL SELECTS A NEW SCHOOL OR ATHLETIC TEAM  NAME,  LOGO,  OR
 MASCOT;
   (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 THEIR PROHIBITED TEAM NAME, LOGO, OR MASCOT;
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-01-1

 S. 1549                             2
 
 PROHIBITED SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR MASCOT IN ITS LOGOS OR
 TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES  TO  FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR ATHLETIC TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED NAME, LOGO OR MASCOT NO LATER THAN THE  NEXT  TIME  THE  ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4. THIS SECTION SHALL NOT PROHIBIT A NATIVE AMERICAN TRIBE FROM CHOOS-
 ING  TO USE A NATIVE-RELATED NAME OR LOGO FOR A SPORTS TEAM COMPRISED OF
 ITS TRIBAL MEMBERS, INCLUDING A TRIBAL SCHOOL OR INTRAMURAL  LEAGUE,  OR
 FROM  THAT  TRIBAL  NATION  GIVING  EXPLICIT CONSENT FOR A SCHOOL TO USE
 THEIR PARTICULAR TRIBAL NAME.
   § 2. This act shall take effect immediately.

2021-S1549A - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549A - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549A - Sponsor Memo

                                
 
BILL NUMBER: S1549A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to race-based mascots,
names or logos

 
PURPOSE:

To bar public schools from using race-based mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to
require the Commissioner of Education to promulgate regulations barring
schools from using race-based names, logos, or mascots.  Schools will be
allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2023 provided that they meet
certain criteria. This section does not prohibit Native American tribes
from using a native-related name, logo, or mascot. Schools that have to

change their name, logo, or mascot will be eligible for funding from the
Racial and Cultural Awareness fund.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach nonnative children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students.(1)

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005 the
NCAA banned the use of native mascots by teams in post season appear-
ances, but did not bar schools from otherwise using those mascots or
names.(2) In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.(3)
This year, following widespread protests over the murder of George
Floyd, Nike announced that it would stop selling any gear for Washing-
tons' Football team until they changed their name.(4) Shortly thereaft-
er, under immense public pressure, the Washington Football Team decided
to change their name.  They had used the racial slur "r*dskins" for 87
years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.

This bill would require the Commissioner of Education to promulgate
rules in consultation with the American Psychological Association, Amer-
ican Sociological Association, National Collegiate Athletic Association,
National Congress of American Indians, and the Oneida Nation, barring
New York Public Schools from using "race-based" mascots, logos, or
names. Schools would be allowed to use existing uniforms or other mate-
rials bearing prohibited logos, mascots, or names until September 1,
2023 provided that they select a new name and imagery, do not sell or
distribute any equipment or newspaper, yearbook, etc. bearing the
prohibited logo, mascot, or name, or construct any new signs, marquees,
etc. bearing the prohibited logo, mascot, or name. The bill has an
exception for Native American tribes which may use native-related logos,
mascots, or names, and also allows them to give explicit consent to a
school to use their particular tribal name. Schools who are required to
retire their name, mascot, or logo will be eligible for funding under
the existing Racial and Cultural Awareness Fund.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.apa.orc/pi/oemakesourcestindian-mascots
2 https://www.espn.com/college-sports/news/story?id=2125735
3 https://wvvvv.nprorq/sections/thetwo-way/
2015/11/05/454902114/adidas-off ers-to-help-u-s-hiqh-schoolsphase-out-
native-american-mascots
4 https://www.cbssports.cominfl/news/nike- will-not-feature-washington-
qear-until-the- team-name-ischanged-per-report/

2021-S1549A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1549--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the education law, in relation to race-based mascots,
   names or logos

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. RACE-BASED MASCOTS, NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "RACE-BASED MASCOT OR LOGO" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT USED
 TO  REPRESENT A SCHOOL DISTRICT WHICH IS DERIVED FROM A SPECIFIC RACE OR
 ETHNICITY OR IS BASED ON CERTAIN CHARACTERISTICS OF A SPECIFIC  RACE  OR
 ETHNICITY.  A  "RACE-BASED NAME" SHALL BE A NAME DERIVED FROM A SPECIFIC
 RACE OR ETHNICITY OR IS BASED ON CERTAIN CHARACTERISTICS OF  A  SPECIFIC
 RACE OR ETHNICITY.
   2.  THE  COMMISSIONER SHALL, IN CONSULTATION WITH THE AMERICAN PSYCHO-
 LOGICAL ASSOCIATION, THE AMERICAN SOCIOLOGICAL ASSOCIATION, THE NATIONAL
 COLLEGIATE ATHLETIC ASSOCIATION, THE NATIONAL CONGRESS OF AMERICAN INDI-
 ANS, AND THE ONEIDA NATION, PROMULGATE RULES AND REGULATIONS  TO  ENSURE
 THAT NO PUBLIC SCHOOL USES A RACE-BASED MASCOT, NAME, OR LOGO.
   3.  NOTWITHSTANDING  THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE TO USE
 UNIFORMS OR OTHER MATERIALS BEARING THEIR PROHIBITED ATHLETIC TEAM NAME,
 LOGO, OR MASCOT THAT WERE PURCHASED BEFORE  A  DATE  PRESCRIBED  BY  THE
 COMMISSIONER  UNTIL  SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR IF ALL OF
 THE FOLLOWING REQUIREMENTS ARE MET:
   (A) THE SCHOOL SELECTS A NEW SCHOOL OR ATHLETIC TEAM  NAME,  LOGO,  OR
 MASCOT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-02-1

 S. 1549--A                          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 THEIR PROHIBITED TEAM NAME, LOGO, OR MASCOT;
   (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, LOGO, OR MASCOT IN ITS LOGOS OR
 TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES  TO  FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR ATHLETIC TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED NAME, LOGO OR MASCOT NO LATER THAN THE  NEXT  TIME  THE  ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4.  ANY  SCHOOL  REQUIRED  TO  RETIRE  AND REPLACE A RACE-BASED MASCOT
 PURSUANT TO THIS SECTION SHALL  BE  ELIGIBLE  FOR  FUNDING  PURSUANT  TO
 SECTION  THIRTY-SIX HUNDRED ELEVEN OF THIS CHAPTER TO EDUCATE THE COMMU-
 NITY WHERE SUCH SCHOOL IS LOCATED ABOUT THE RACE-BASED  MASCOT  AND  THE
 NEED FOR IT TO BE RETIRED AND REPLACED.
   5. THIS SECTION SHALL NOT PROHIBIT A NATIVE AMERICAN TRIBE FROM CHOOS-
 ING  TO USE A NATIVE-RELATED NAME OR LOGO FOR A SPORTS TEAM COMPRISED OF
 ITS TRIBAL MEMBERS, INCLUDING A TRIBAL SCHOOL OR INTRAMURAL  LEAGUE,  OR
 FROM  THAT  TRIBAL  NATION  GIVING  EXPLICIT CONSENT FOR A SCHOOL TO USE
 THEIR PARTICULAR TRIBAL NAME.
   § 2. This act shall take effect immediately.

2021-S1549B - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549B - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549B - Sponsor Memo

                                
 
BILL NUMBER: S1549B

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to native names, logos,
or mascots

 
PURPOSE:

To bar public schools from using native mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to
require the Commissioner of Education to promulgate regulations barring
schools from using native names, logos, or mascots. Schools will be
allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2023 provided that they meet
certain criteria. This section does not prohibit a federally recognized
Native American tribes from using a native-related name, logo, or

mascot. Schools that have to change their name, logo, or mascot will be
eligible for funding from the Racial and Cultural Awareness fund.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach nonnative children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students.(1)

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005 the
NCAA banned the use of native mascots by teams in postseason appear-
ances, but did not bar schools from otherwise using those mascots or
names.(2) In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.(3)
This year, following widespread protests over the murder of George
Floyd, Nike announced that it would stop selling any gear for Washing-
tons' Football team until they changed their name.(4) Shortly thereaft-
er, under immense public pressure, the Washington Football Team decided
to change their name.  They had used the racial slur "r*dskins" for 87
years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.

This bill would require the Commissioner of Education to promulgate
rules in consultation with the American Psychological Association, Amer-
ican Sociological Association, National Collegiate Athletic Association,
National Congress of American Indians, and the Oneida Nation, barring
New York Public Schools from using native mascots, logos, or names.
Schools would be allowed to use existing uniforms or other materials
bearing prohibited logos, mascots, or names until September 1, 2023
provided that they select a new name and imagery, do not sell or
distribute any equipment or newspaper, yearbook, etc. bearing the
prohibited logo, mascot, or name, or construct any new signs, marquees,
etc. bearing the prohibited logo, mascot, or name. The bill has an
exception for Native American tribes which may use native-related logos,
mascots, or names, and also allows them to give explicit consent to a
school to use their particular tribal name. Schools who are required to
retire their name, mascot, or logo will be eligible for funding under
the existing Racial and Cultural Awareness Fund.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
1 https://www.apa.org/pi/oemairesources/indian-mascots
2 https://www.espn.com/college-sports/news/story?id=2125735
3 https://www.npr.org/sections/thetwo-way/
2015/11/05/454902114/adidas-offers-to-help- u-s-hiqh-schoolsphase-out-
native-american-mascots
4 https://www.cbssports.cominfUnews/nike-will- not-feature-washington-
gear-until-the-team-name- ischanqed-per-report/

2021-S1549B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1549--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to native  names,  logos,
   or mascots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. NATIVE MASCOTS, NAMES OR LOGOS. 1. AS  USED  IN  THIS  SECTION,
 "NATIVE  NAME,  LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT
 USED TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO,  REPRESENTS,
 OR  IS  ASSOCIATED  WITH  NATIVE  AMERICANS, INCLUDING ASPECTS OF NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE  AMERICAN  PSYCHO-
 LOGICAL ASSOCIATION, THE AMERICAN SOCIOLOGICAL ASSOCIATION, THE NATIONAL
 COLLEGIATE ATHLETIC ASSOCIATION, THE NATIONAL CONGRESS OF AMERICAN INDI-
 ANS,  AND  THE ONEIDA NATION, PROMULGATE RULES AND REGULATIONS TO ENSURE
 THAT NO PUBLIC SCHOOL USES A NATIVE NAME, LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS OR OTHER MATERIALS BEARING THEIR PROHIBITED ATHLETIC TEAM NAME,
 LOGO,  OR  MASCOT  THAT  WERE  PURCHASED BEFORE A DATE PRESCRIBED BY THE
 COMMISSIONER UNTIL SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR IF  ALL  OF
 THE FOLLOWING REQUIREMENTS ARE MET:
   (A)  THE  SCHOOL  SELECTS A NEW SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT;
   (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 THEIR PROHIBITED TEAM NAME, LOGO, OR MASCOT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02998-06-1

 S. 1549--B                          2
 
   (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, LOGO, OR MASCOT IN ITS LOGOS OR
 TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES  TO  FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR ATHLETIC TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED NAME, LOGO OR MASCOT NO LATER THAN THE  NEXT  TIME  THE  ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4.  ANY  SCHOOL REQUIRED TO RETIRE AND REPLACE A NATIVE NAME, LOGO, OR
 MASCOT PURSUANT TO THIS SECTION SHALL BE ELIGIBLE FOR  FUNDING  PURSUANT
 TO  SECTION  THIRTY-SIX  HUNDRED  ELEVEN  OF THIS CHAPTER TO EDUCATE THE
 COMMUNITY WHERE SUCH SCHOOL IS LOCATED ABOUT THE NATIVE NAME,  LOGO,  OR
 MASCOT AND THE NEED FOR IT TO BE RETIRED AND REPLACED.
   5. THIS SECTION SHALL NOT PROHIBIT A FEDERALLY RECOGNIZED NATIVE AMER-
 ICAN  TRIBE  FROM  CHOOSING  TO USE A NATIVE NAME, LOGO, OR MASCOT FOR A
 SPORTS TEAM COMPRISED OF ITS TRIBAL MEMBERS, INCLUDING A  TRIBAL  SCHOOL
 OR INTRAMURAL LEAGUE, OR FROM THAT TRIBAL NATION GIVING EXPLICIT CONSENT
 FOR A SCHOOL TO USE THEIR PARTICULAR TRIBAL NAME.
   § 2. This act shall take effect immediately.

2021-S1549C - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549C - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549C - Sponsor Memo

                                
 
BILL NUMBER: S1549C

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to native names, logos,
or mascots

 
PURPOSE:

To bar public schools from using native mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to
require the Commissioner of Education to promulgate regulations barring
schools from using native names, logos, or mascots. Schools will be
allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2023 provided that they meet
certain criteria. Nothing in this section shall be construed to prohibit
a federally recognized Native American tribe from using a native-related

name, logo, or mascot.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images . and names perpetuate harmful stereotypes about
native people and teach nonnative children that it is "acceptable to
participate in culturally abusive behavior," according to the American
Psychological Association. Furthermore, the use of these mascots and
names by schools can create a hostile learning environment in schools
for Native American students.(1)

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change. In 2005 the NCAA
banned the use of native mascots by teams in postseason appearances, but
did not bar schools from otherwise using those mascots or names.(2) In
2015, the apparel company Adidas announced that they would provide free
design resources and, financial support to high schools who wanted to
change their logos or mascots to remove native imagery.(3) This year,
following widespread protests over the murder. of George Floyd, Hike
announced that it would stop selling any gear for Nashingtons' Football
team until they changed their name.(4) Shortly thereafter, under immense
public pressure, the Washington Football Team decided to change their.
name. They had used the racial slur "r*dskins" for 87 years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.

This bill would require the Commissioner of Education to' promulgate
rules in consultation with the American Psychological Association, Amer-
ican Sociological Association, National Collegiate Athletic Association,
National Congress of American Indians,barring New York Public Schools
from using native mascots, logos, or names. Schools would be allowed to
use existing uniforms or other materials bearing prohibited logos,
mascots, or names until September 1, 2023 provided that they select a
new name and imagery, do not sell or distribute any equipment or newspa-
per, yearbook, etc. bearing the prohibited logo, mascot, or name, or
construct any new signs, marquees, etc. bearing the prohibited logo,
mascot, or name.

 
LEGISLATIVE HISTORY: New bill.

 
FISCAL IMPACT ON TILE STATE : None.

 
EFFECTIVE DATE:  This act shall take effect immediately.
(1) https://www.apa.org/pi/oemairesources/ indian-mascots
(2) https://www.espn.com/collecie-sports/news/story?id=2125735
(3) https://www.npnorq/sections/thetwo-
way/2015/11/05/454902114/adidas-offers-to- help-u-s-high-schoolsphase-
out-native- american-mascots
(4)4https://www.cbssports.com/nfl/news/nike-will-not-feature- washing-
ton-clear-until-the- team-name-ischanged-per-report/

2021-S1549C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1549--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the education law, in relation to native names, logos,
   or mascots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   §  319.  NATIVE  MASCOTS,  NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "NATIVE NAME, LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL  OR  OBJECT
 USED  TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO, REPRESENTS,
 OR IS ASSOCIATED WITH NATIVE  AMERICANS,  INCLUDING  ASPECTS  OF  NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2.  THE  COMMISSIONER SHALL, IN CONSULTATION WITH THE AMERICAN PSYCHO-
 LOGICAL ASSOCIATION, THE AMERICAN SOCIOLOGICAL ASSOCIATION, THE NATIONAL
 COLLEGIATE ATHLETIC ASSOCIATION, THE NATIONAL CONGRESS OF AMERICAN INDI-
 ANS, AND FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBES,  PROMULGATE  RULES
 AND  REGULATIONS  TO  ENSURE  THAT  NO PUBLIC SCHOOL USES A NATIVE NAME,
 LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS OR OTHER MATERIALS BEARING THEIR PROHIBITED ATHLETIC TEAM NAME,
 LOGO,  OR  MASCOT  THAT  WERE  PURCHASED BEFORE A DATE PRESCRIBED BY THE
 COMMISSIONER UNTIL SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR IF  ALL  OF
 THE FOLLOWING REQUIREMENTS ARE MET:
   (A)  THE  SCHOOL  SELECTS A NEW SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02998-08-1

 S. 1549--C                          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 THEIR PROHIBITED TEAM NAME, LOGO, OR MASCOT;
   (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, LOGO, OR MASCOT IN ITS LOGOS OR
 TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES  TO  FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR ATHLETIC TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED NAME, LOGO OR MASCOT NO LATER THAN THE  NEXT  TIME  THE  ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A FEDERALLY
 RECOGNIZED NATIVE AMERICAN TRIBE FROM CHOOSING TO  USE  A  NATIVE  NAME,
 LOGO,  OR  MASCOT  FOR  A  SPORTS  TEAM COMPRISED OF ITS TRIBAL MEMBERS,
 INCLUDING A TRIBAL SCHOOL OR INTRAMURAL  LEAGUE,  OR  FROM  THAT  TRIBAL
 NATION  GIVING  EXPLICIT  CONSENT  FOR  A SCHOOL TO USE THEIR PARTICULAR
 TRIBAL NAME.
   § 2. This act shall take effect immediately.

2021-S1549D - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549D - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549D - Sponsor Memo

                                 
BILL NUMBER: S1549D

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to native names, logos,
or mascots

 
PURPOSE:

To bar public schools from using native mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to ban
public schools from using native names, logos, or mascots. Schools will
be allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2024 provided that they meet
certain criteria. Nothing in this section shall be construed to prohibit
a federally recognized Native American tribe from using a native-related
name, logo, or mascot. Additionally, tribal nations may bless the use of
a specific native name, logo, or mascot provided the school submits an

agreement in writing within five days of the effective date of this act.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach nonnative children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students.'

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005. the
NCAA banned the use of native mascots by teams in postseason appear-
ances, but did not bar schools from otherwise using those mascots or
names.2 In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.3 This
year, following widespread protests over the murder of George Floyd,
Nike announced that it would stop selling any gear for Washingtons'
Football team until they changed their name.' Shortly thereafter, under
immense public pressure, the Washington Football Team decided to change
their name.  They had used a racial slur for 87 years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.


This bill would bar New York Public Schools from using native mascots,
logos, or names. Schools would be allowed to use existing uniforms or
other materials bearing prohibited logos, mascots, or names until
September 1, 2024 provided that they select a new name and imagery, do
not sell or distribute any equipment or newspaper, yearbook, etc. bear-
ing the prohibited logo, mascot, or name, or construct any new signs,
marquees, etc. bearing the prohibited logo, mascot, or name. Addi-
tionally, there is limited language allowing a tribal nation to bless
the use of a specific name, logo, or mascot by a school.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1549D - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1549--D
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Education in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the education law, in relation to native  names,  logos,
   or mascots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. NATIVE MASCOTS, NAMES OR LOGOS. 1. AS  USED  IN  THIS  SECTION,
 "NATIVE  NAME,  LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT
 USED TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO,  REPRESENTS,
 OR  IS  ASSOCIATED  WITH  NATIVE  AMERICANS, INCLUDING ASPECTS OF NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. NO PUBLIC SCHOOL SHALL USE A NATIVE NAME, LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS  OR OTHER MATERIALS BEARING A NATIVE NAME, LOGO, OR MASCOT THAT
 WERE PURCHASED ON OR BEFORE THE EFFECTIVE DATE  OF  THIS  SECTION  UNTIL
 SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR  IF  ALL  OF THE FOLLOWING
 REQUIREMENTS ARE MET:
   (A) THE SCHOOL SELECTS A NEW SCHOOL OR ATHLETIC TEAM  NAME,  LOGO,  OR
 MASCOT;
   (B) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR  THE  PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR SCHOOL EMPLOYEES,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-16-2

 S. 1549--D                          2
 
 ANY UNIFORM THAT INCLUDES OR BEARS THEIR PROHIBITED TEAM NAME, LOGO,  OR
 MASCOT;
   (C) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR  THE  PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR SCHOOL EMPLOYEES,
 ANY YEARBOOK,  NEWSPAPER,  PROGRAM,  OR  OTHER  TANGIBLE  MATERIAL  THAT
 INCLUDES  OR BEARS THE PROHIBITED SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT IN ITS LOGOS OR TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES TO FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR  ATHLETIC  TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED  NAME,  LOGO  OR  MASCOT NO LATER THAN THE NEXT TIME THE ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A  FEDERALLY
 RECOGNIZED TRIBAL NATION OR STATE RECOGNIZED TRIBAL NATION FROM CHOOSING
 TO USE A NATIVE NAME, LOGO, OR MASCOT FOR A SPORTS TEAM COMPRISED OF ITS
 TRIBAL MEMBERS, INCLUDING A TRIBAL SCHOOL OR INTRAMURAL LEAGUE.
   5.  THIS  SECTION  SHALL NOT APPLY WHERE AN AGREEMENT EXISTS BETWEEN A
 FEDERALLY RECOGNIZED TRIBAL NATION WITHIN THE STATE OF NEW YORK OR A NEW
 YORK STATE RECOGNIZED TRIBAL NATION AND A PUBLIC SCHOOL. SUCH  AGREEMENT
 MUST  BE  PROVIDED  IN WRITING TO THE DEPARTMENT WITHIN FIVE DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION.  THE TRIBAL NATION SHALL HAVE THE  RIGHT
 AND  ABILITY TO REVOKE ANY SUCH AGREEMENT AT ANY TIME AT ITS DISCRETION.
 IF AN AGREEMENT IS ENTERED INTO PURSUANT TO THIS SUBDIVISION  BY  EITHER
 PARTY,  THE  PUBLIC  SCHOOL  SHALL HAVE ONE YEAR FROM THE DATE OF TERMI-
 NATION TO DISCONTINUE ITS USE OF ITS NATIVE NAME, LOGO, OR MASCOT.
   § 2. This act shall take effect immediately.

2021-S1549E (ACTIVE) - Details

See Assembly Version of this Bill:: A5443
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S4052

2021-S1549E (ACTIVE) - Summary

Prohibits public schools from using a native name, logo or mascot; permits the use of current materials and uniforms until September 1, 2024; provides an exemption for Native American tribes.

2021-S1549E (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1549E

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the education law, in relation to native names, logos,
or mascots

 
PURPOSE:

To bar public schools from using native mascots, names, or logos.

 
SUMMARY OF PROVISIONS:

Section 1 amends the education law by adding a new section 319 to ban
public schools from using native names, logos, or mascots. Schools will
be allowed to use uniforms and other materials bearing prohibited names,
logos, or mascots until September 1, 2024 provided that they meet
certain criteria. Nothing in this section shall be construed to prohibit
a federally recognized Native American tribe from using a native-related
name, logo, or mascot. Additionally, tribal nations may bless the use of
a specific native name, logo, or mascot provided the school submits an

agreement in writing within five days of the effective date of this act.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

There is a long and ugly history of schools, colleges, and professional
sports teams in the United States employing racist names, logos, and
mascots, including those that draw on stereotypes about Native Ameri-
cans. These images and names perpetuate harmful stereotypes about native
people and teach nonnative children that it is "acceptable to partic-
ipate in culturally abusive behavior," according to the American Psycho-
logical Association. Furthermore, the use of these mascots and names by
schools can create a hostile learning environment in schools for Native
American students.(1)

Native people have been protesting these mascots and names for decades.
And some sports teams and schools have listened and changed their names
and mascots. In recent years, there has been growing awareness and
public pressure on teams that have been slow to change.  In 2005 the
NCAA banned the use of native mascots by teams in postseason appear-
ances, but did not bar schools from otherwise using those mascots or
names.(2) In 2015, the apparel company Adidas announced that they would
provide free design resources and financial support to high schools who
wanted to change their logos or mascots to remove native imagery.(3)
This year, following widespread protests over the murder of George
Floyd, Nike announced that it would stop selling any gear for Washing-
tons' Football team until they changed their name.(4) Shortly thereaft-
er, under immense public pressure, the Washington Football Team decided
to change their name.  They had used a racial slur for 87 years.

Despite public and financial pressure, there remain professional sports
teams and schools that use racist names and mascots. It is clear that
legislative action is needed to fully eradicate the use of these names,
and mascots.


This bill would bar New York Public Schools from:using native mascots,
logos, or names. Schools would be allowed to use existing uniforms or
other materials bearing prohibited logos, mascots, or names until
September 1, 2024 provided that they select a new name and imagery, do
not sell or distribute any equipment or newspaper, yearbook, etc.  bear-
ing the prohibited logo, mascot, or name, or construct any new signs,
marquees, etc. bearing the prohibited logo, mascot, or name.  Addi-
tionally, there is limited .language allowing a tribal nation to bless
the use of a specific name, logo, or mascot by a school.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON TILE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
https://www.aoa.org/pi/oema/resources/indian-mascots
https://www.espn.com/college-sports/news/story?id=2125735
https://www.npr.org/sections/thetwo-way/2015/11/05/454902114/adidas-
offers-to-help-u-s-high-schools-phase-out-native-american-mascots
https://www.cbssports.com/nfl/news/nike-will-not-feature- washington-
gear-until-the-team-name-is-changed-per-report/

2021-S1549E (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1549--E
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Education in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to native names, logos,
   or mascots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   §  319.  NATIVE  MASCOTS,  NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "NATIVE NAME, LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL  OR  OBJECT
 USED  TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO, REPRESENTS,
 OR IS ASSOCIATED WITH NATIVE  AMERICANS,  INCLUDING  ASPECTS  OF  NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. NO PUBLIC SCHOOL SHALL USE A NATIVE NAME, LOGO, OR MASCOT.
   3.  NOTWITHSTANDING  THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE TO USE
 UNIFORMS OR OTHER MATERIALS BEARING A NATIVE NAME, LOGO, OR MASCOT  THAT
 WERE  PURCHASED  ON  OR  BEFORE THE EFFECTIVE DATE OF THIS SECTION UNTIL
 SEPTEMBER FIRST, TWO  THOUSAND  TWENTY-FOUR  IF  ALL  OF  THE  FOLLOWING
 REQUIREMENTS ARE MET:
   (A)  THE  SCHOOL  SELECTS A NEW SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-18-2
 S. 1549--E                          2

 
   (B) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR THE PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR  SCHOOL  EMPLOYEES,
 ANY  UNIFORM THAT INCLUDES OR BEARS THEIR PROHIBITED TEAM NAME, LOGO, OR
 MASCOT;
   (C) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR  THE  PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR SCHOOL EMPLOYEES,
 ANY YEARBOOK,  NEWSPAPER,  PROGRAM,  OR  OTHER  TANGIBLE  MATERIAL  THAT
 INCLUDES  OR BEARS THE PROHIBITED SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT IN ITS LOGOS OR TITLES;
   (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, LOGO, OR MASCOT. THIS PARAGRAPH
 APPLIES TO FACILITIES THAT BEAR THE PROHIBITED SCHOOL OR  ATHLETIC  TEAM
 NAME, LOGO, OR MASCOT, IN WHICH CASE THE SCHOOL SHALL REMOVE THE PROHIB-
 ITED  NAME,  LOGO  OR  MASCOT NO LATER THAN THE NEXT TIME THE ASSOCIATED
 PART OF THE FACILITY IS REPLACED IN THE NORMAL COURSE OF MAINTENANCE.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A  FEDERALLY
 RECOGNIZED TRIBAL NATION OR STATE RECOGNIZED TRIBAL NATION FROM CHOOSING
 TO USE A NATIVE NAME, LOGO, OR MASCOT FOR A SPORTS TEAM COMPRISED OF ITS
 TRIBAL MEMBERS, INCLUDING A TRIBAL SCHOOL OR INTRAMURAL LEAGUE.
   5.  THIS  SECTION  SHALL NOT APPLY WHERE AN AGREEMENT EXISTS BETWEEN A
 FEDERALLY RECOGNIZED TRIBAL NATION WITHIN THE STATE OF NEW YORK OR A NEW
 YORK STATE RECOGNIZED TRIBAL NATION AND A PUBLIC SCHOOL. SUCH  AGREEMENT
 MUST  BE  PROVIDED  IN WRITING TO THE DEPARTMENT WITHIN FIVE DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION.   A PUBLIC SCHOOL  SHALL  NOT  OFFER  OR
 ACCEPT  ANY  MONEY, CONSIDERATION OR THING OF VALUE PURSUANT TO ANY SUCH
 AGREEMENT.  THE TRIBAL NATION SHALL HAVE THE RIGHT AND ABILITY TO REVOKE
 ANY SUCH AGREEMENT AT ANY TIME AT ITS DISCRETION.  IF  AN  AGREEMENT  IS
 ENTERED  INTO  PURSUANT  TO THIS SUBDIVISION BY EITHER PARTY, THE PUBLIC
 SCHOOL SHALL HAVE ONE YEAR FROM THE DATE OF TERMINATION  TO  DISCONTINUE
 ITS USE OF ITS NATIVE NAME, LOGO, OR MASCOT.
   § 2. This act shall take effect immediately.

Senate Bill S1549E

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2021-S1549 - Details

2021-S1549 - Summary

2021-S1549 - Sponsor Memo

2021-S1549 - Bill Text download pdf

2021-S1549A - Details

2021-S1549A - Summary

2021-S1549A - Sponsor Memo

2021-S1549A - Bill Text download pdf

2021-S1549B - Details

2021-S1549B - Summary

2021-S1549B - Sponsor Memo

2021-S1549B - Bill Text download pdf

2021-S1549C - Details

2021-S1549C - Summary

2021-S1549C - Sponsor Memo

2021-S1549C - Bill Text download pdf

2021-S1549D - Details

2021-S1549D - Summary

2021-S1549D - Sponsor Memo

2021-S1549D - Bill Text download pdf

2021-S1549E (ACTIVE) - Details

2021-S1549E (ACTIVE) - Summary

2021-S1549E (ACTIVE) - Sponsor Memo

2021-S1549E (ACTIVE) - Bill Text download pdf

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Senate Bill S1549E

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

2021-S1549 - Details

2021-S1549 - Summary

2021-S1549 - Sponsor Memo

2021-S1549 - Bill Text download pdf

2021-S1549A - Details

2021-S1549A - Summary

2021-S1549A - Sponsor Memo

2021-S1549A - Bill Text download pdf

2021-S1549B - Details

2021-S1549B - Summary

2021-S1549B - Sponsor Memo

2021-S1549B - Bill Text download pdf

2021-S1549C - Details

2021-S1549C - Summary

2021-S1549C - Sponsor Memo

2021-S1549C - Bill Text download pdf

2021-S1549D - Details

2021-S1549D - Summary

2021-S1549D - Sponsor Memo

2021-S1549D - Bill Text download pdf

2021-S1549E (ACTIVE) - Details

2021-S1549E (ACTIVE) - Summary

2021-S1549E (ACTIVE) - Sponsor Memo

2021-S1549E (ACTIVE) - Bill Text download pdf

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