Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to, during years in which the California Interscholastic Federation is not required to submit a report, and at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information that is covered by the report. The bill would require the State Department of Education, on or before January 1, 2025, to develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing, as defined, that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms on the departments internet website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on its internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to, during years in which the California Interscholastic Federation is not required to submit a report, and at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information that is covered by the report. The bill would require the State Department of Education, on or before January 1, 2025, to develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing, as defined, that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms on the departments internet website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on its internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to, during years in which the California Interscholastic Federation is not required to submit a report, and at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information that is covered by the report. The bill would require the State Department of Education, on or before January 1, 2025, to develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination or harassment discrimination, harassment, or hazing, as defined, that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms on the departments internet website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on its internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to, during years in which the California Interscholastic Federation is not required to submit a report, and at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information that is covered by the report. The bill would require the State Department of Education, on or before January 1, 2025, to develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms on their the departments internet website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on their its internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to instead report every 3 years to the appropriate policy committees of the Legislature and the Governor, as provided. During to, during years in which the California Interscholastic Federation is not required to submit a report, the bill would require the California Interscholastic Federation, and at the request of the appropriate policy committees of the Legislature, to make itself available for hearings regarding the information that is covered by the report. The bill would also require the California Interscholastic Federation State Department of Education, on or before January 1, 2025, to develop, in consultation with certain community organizations, relevant stakeholders, a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, and annually post those results report the information from completed incident forms on their internet website. website, as provided. The bill would require a school district, county office of education, or charter school that participates in the California Interscholastic Federation to, on or before April 1, 2025, post the standardized incident form on their internet website and upon request by the department, submit information related to any completed standardized incident forms received by that local educational agency.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions. Upon receiving a report from the California Interscholastic Federation, existing law requires the appropriate policy committees of the Legislature to hold a joint hearing, and requires the California Interscholastic Federation to testify on information in the report, as provided.

This bill would require the California Interscholastic Federation to instead report every 3 years to the appropriate policy committees of the Legislature and the Governor, as provided. During years in which the California Interscholastic Federation is not required to submit a report, the bill would require the California Interscholastic Federation, at the request of the appropriate policy committees of the Legislature, to make itself available for hearings regarding the information that is covered by the report. The bill would also require the California Interscholastic Federation to develop, in consultation with certain community organizations, a standardized incident form to track hate violence racial discrimination or harassment that occurs at high school sporting games or sporting events, and annually post those results on their internet website.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions.

This bill would require the California Interscholastic Federation to instead report annually every 3 years to the appropriate policy committees of the Legislature and the Governor, as provided. The bill would also require the California Interscholastic Federation to develop, in consultation with certain community organizations, a standardized incident form to track hate violence that occurs at high school sporting games or sporting events, and annually post those results on their internet website.

Existing law describes the California Interscholastic Federation as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools, and sets forth the Legislatures intent regarding the California Interscholastic Federations implementation of certain policies. Existing law requires the California Interscholastic Federation, on or before January 1, 2023, and on or before January 1 every 7 years thereafter, to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to specified provisions.

This bill would require the California Interscholastic Federation to instead report annually to the appropriate policy committees of the Legislature and the Governor, as provided. The bill would also require the California Interscholastic Federation to develop, in consultation with certain community organizations, a standardized incident form to track hate violence that occurs at high school sporting games or sporting events, and annually post those results on their internet website.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1327

Author:(Weber)

As Amended Ver:July 13, 2023

Majority vote

SUMMARY

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events. The bill also requires each local educational agency (LEA) that participates in the California Interscholastic Federation (CIF) to post on their internet website the standardized incident form developed by the CDE.

Senate Amendments

Senate amendments add hazing to the standardized incident form, and give CDE the ability to share incident forms it has collected from LEAs with CIF to assist with reports that CIF is required to provide to the Legislature and the Governor.

COMMENTS

The CIF, founded in 1914, is a voluntary organization of 1,615 public, public charter, and private high schools aligned into ten geographical sections to govern education-based athletics in grades 9 through 12.

While each CIF section has autonomy from the state and has its governance structure, section control and oversight are by school representatives from that geographical region. These representatives include school board members, superintendents, principals, teachers, coaches, and athletic directors from each high school who come together to carry out the CIF's mission outlined in the CIF Constitution and Bylaws. The CIF Constitution and Bylaws are the product of the CIF elected representatives who serve on the CIF Federated Council and Executive Committee.

On its website, the CIF offers a complaint form for unsportsmanlike behavior resulting from discrimination or harassment at an interscholastic event. A complaint can be submitted if an interscholastic event is characterized by unsportsmanlike conduct based on discrimination or harassment. The CIF recommends, "Whenever possible, that the complainant speaks with his/her/their school administrator or the school district's local compliance coordinator regarding his/her/their complaint. The school site/school should investigate complaints of poor sportsmanship based on discrimination or harassment in a prompt and thorough manner." The form includes the collection of basic information (name, contact information), identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and instructions on how to file a complaint.

This bill requires the CDE to develop a standardized incident form to track racial discrimination or harassment at high school sporting games or sporting events. However, it should be noted that while CDE oversees Kindergarten through 12 education in the state, it does not govern interscholastic sports.

Further, while the LEA is responsible for, upon request from CDE, must share the completed incident form with the department, it is unclear how CIF is meant to fully report on racial discrimination or harassment of pupils, coaches, officials, and spectators without access to the incident forms.

What proceeds next is unclear once the incident form is completed and submitted to the LEA. For the purposes of this bill, the incident forms serve as data references for racial discrimination and harassment of pupils, coaches, officials, and spectators.

According to the Author

"In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls' playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy's Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read "Catholics vs. Convicts III" prior to playing Lincoln High School, a predominantly low-income, majority-minority high school. Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. By reporting these incidents, CDE and CIF can better inform the legislature to the issues so that the legislature can take action to address the root causes."

Arguments in Support

According to the California Hawaii State Conference of the NAACP, "During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have endured monkey or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior. CIF is charged with governing interscholastic athletics, and its mission is to promote equity, quality, and character. However, they cannot begin to strengthen the integrity of students or encourage respect and good citizenship if these racist incidents continue unchecked. By requiring CDE not only to track but also to make available a report of hate violence occurrences to the general public, CDE is forced to recognize the profound health implications and trauma caused to the victims of racist incidents and hold students and schools accountable for racist behavior that must stop. For these reasons, the CA/HI NAACP proudly supports AB 1327 (Weber)."

Arguments in Opposition

None received

FISCAL COMMENTS

According to the Senate Appropriations Committee, "The CDE estimates one-time General Fund costs of $100,000 to create a new data system to collect the data, and ongoing General Fund costs of approximately $240,000. Of the ongoing amount, $230,000 would be to support 1.5 new positions and $10,000 would be to maintain the new data system. The CDE indicates that it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs. The costs for local educational agencies (LEAs) that participate in the CIF to post the standardized incident form on its website and submit information upon request to CDE are likely to be minor and absorbable within existing resources."

VOTES:

ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 5-0-2

YES: Quirk-Silva, Wallis, Mike Fong, Friedman, Lackey

ABS, ABST OR NV: Hart, Valencia

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 76-0-4

YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Aguiar-Curry, Dixon, Mathis, Papan

UPDATED

VERSION: July 13, 2023

CONSULTANT: Brian Anderson / A.,E.,S., & T. / (916) 319-3450 FN: 0001915

 THIRD READING  

Bill No: AB 1327

Author: Weber (D), et al.

Amended: 7/13/23 in Senate

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/28/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE JUDICIARY COMMITTEE: 11-0, 7/11/23

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Stern, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 76-0, 5/25/23 - See last page for vote

SUBJECT: Interscholastic athletics: California Interscholastic Federation: racial discrimination, harassment, or hazing

SOURCE: California-Hawaii State Conference of the NAACP

DIGEST:

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, as specified, and requires each local educational agency (LEA) that participates in the California Interscholastic Federation (CIF) shall post on their internet website the standardized incident form developed by the CDE.

ANALYSIS:

Existing law:

1. Provides that the CIF is a voluntary organization comprising of school and school-related personnel responsible for administering interscholastic athletic activities in secondary schools. (Education Code (EC) § 33353 (a))
2. Specifies the CIF shall report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken on or before January 1, 2023, and on or before January 1 every seven years thereafter. This report shall include, but not be limited to, the goals and objectives of the CIF and the status of all of the following:
   
   1. The governing structure of the CIF and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools.
   2. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF.
   3. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators and parent education programs.
   4. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools and action taken by the CIF to ensure compliance with Title IX of the federal Education Amendments of 1972. (20 U.S.C. Sec. 1681 et seq.)
   5. Health and safety of pupils, coaches, officials, and spectators.
   6. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics.
   7. New and continuing programs available to pupil athletes.
   8. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools. (EC § 33353 (b))
3. States, subject to funds being appropriated for this purpose in the annual Budget Act, the CIF is encouraged to establish a statewide panel that includes, at a minimum, the following members: school administrators, school board members, coaches of secondary school athletics, teachers, parents, athletic directors, representatives of higher education, pupils participating in athletics at the secondary school level, and a representative of the State Department of Education. (EC § 35179.2)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC § 49032)

This bill

1. Requires CDE, on or before January 1, 2025, to develop in consultation with relevant stakeholders a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events and annually report the information from completed incident forms as statewide totals on their internet website.
2. Specifies the standardized incident form must include a category for the basis of the complaint and information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.
3. Requires each LEA, on or before April 1, 2025, that participates in the CIF to post on their internet website the standardized incident form developed by the CDE and include information on how to submit a completed incident form to the LEA.
4. Requires an LEA that participates in the CIF, to, upon request of the CDE, submit information related to any completed standardized incident forms received by the LEA.
5. Specifies during the years the CIF is not required to submit a report to the Legislature and the Governor to make itself available for hearings upon request of the appropriate policy committees of the Legislature.
6. Includes CIF’s mandatory report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability of high school athletics, the health, and safety of pupils, coaches, officials, and spectators, including, but not limited to, racial discrimination or harassment. 
7. Allow the department to share the completed incident forms with the CIF it has collected from an LEA for the purpose of assisting the CIF with their report to the appropriate policy committees of the Legislature and the Governor.
8. Clarifies that any information in completed incident forms shall be afforded the same public records disclosure exemptions as are afforded to school districts under the California Public Records Act, in order to protect the confidentiality of pupil and school personnel records and information.
9. Defines “local educational agency” to mean school district, county office of education, or charter school.

Comments

1. Need for the bill. According to the author “In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls’ playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy’s Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read “Catholics vs. Convicts III” prior to playing Lincoln High School, a predominantly low-income, majority-minority high school. Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. By reporting these incidents, CDE and CIF can better inform the legislature to the issues so that the legislature can take action to address the root causes.”
2. The California Interscholastic Federation. The CIF, founded in 1914, is a voluntary organization of 1,615 public, public charter, and private high schools aligned into ten geographical sections to govern education-based athletics in grades 9 through 12.

While each CIF section has autonomy from the state and has its governance structure, section control and oversight are by school representatives from that geographical region. These representatives include school board members, superintendents, principals, teachers, coaches, and athletic directors from each high school who come together to carry out the CIF’s mission outlined in the CIF Constitution and Bylaws. The CIF Constitution and Bylaws are the product of the CIF elected representatives who serve on the CIF Federated Council and Executive Committee.

The elected members of the Federated Council consist of school and district representatives elected from the 10 CIF Sections (see above). State council membership voting is weighted to reflect the number of schools and students served by the respective CIF sections. Additionally, voting members of the Federate Council include representatives from the CDE; California School Boards Association; Association of California School Administrators; California Association for Health, Physical Education, Recreation and Dance; California Coaches Association, California Athletic Directors Association, California Association of Private Schools, California Association of Directors of Activities and California School Superintendents.

1. CIF’s Complaint Form. On its website, the CIF offers a complaint form for unsportsmanlike behavior resulting from discrimination or harassment at an interscholastic event. A complaint can be submitted if an interscholastic event is characterized by unsportsmanlike conduct based on discrimination or harassment. The CIF recommends, “Whenever possible, that the complainant speaks with his/her/their school administrator or the school district’s local compliance coordinator regarding his/her/their complaint. The school site/school should investigate complaints of poor sportsmanship based on discrimination or harassment in a prompt and thorough manner.” The form includes the collection of basic information (name, contact information), identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and instructions on how to file a complaint.

This bill requires the CDE to develop a standardized incident form to track racial discrimination or harassment at high school sporting games or sporting events. However, it should be noted that while CDE oversees Kindergarten through 12 education in the state, it does not govern interscholastic sports.

Further, while the LEA is responsible for, upon request from CDE, must share the completed incident form with the department, it is unclear how CIF is meant to fully report on racial discrimination or harassment of pupils, coaches, officials, and spectators without access to the incident forms.

1. Actionable Item? What proceeds next is unclear once the incident form is completed and submitted to the LEA. For the purposes of this bill, the incident forms serve as data references for racial discrimination and harassment of pupils, coaches, officials, and spectators.

In the last few years, there have been numerous incidents of racial harassment and race-based name-calling during high school sports nationwide. According to the National Association for the Advancement of Colored People, “over the past year alone, alleged incidents of abuse by fans and students have been reported in California, Tennessee, Michigan, Vermont, Massachusetts, Pennsylvania, Oklahoma, Maryland, and New York, among other states. In California specifically, a Black student from Buchanan High School received monkey/ape noises from a student at the opposing school during a penalty kick period at a soccer game at Oak Ridge High School in 2022.” However, incidents beyond racial harassment occur in high school sports, such as bullying and hazing.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, “The CDE estimates one-time General Fund costs of $100,000 to create a new data system to collect the data, and ongoing General Fund costs of approximately $240,000. Of the ongoing amount, $230,000 would be to support 1.5 new positions and $10,000 would be to maintain the new data system. The CDE indicates that it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs. The costs for local educational agencies (LEAs) that participate in the CIF to post the standardized incident form on its website and submit information upon request to CDE are likely to be minor and absorbable within existing resources.”

SUPPORT: (Verified 9/1/23)

California-Hawaii State Conference of the NAACP (source)

California Teachers Association
NAACP San Diego Branch
San Diego Unified School District
Yocha Dehe Wintun Nation

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: According to the California Hawaii State Conference of the NAACP, “During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have endured monkey or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior. CIF is charged with governing interscholastic athletics, and its mission is to promote equity, quality, and character. However, they cannot begin to strengthen the integrity of students or encourage respect and good citizenship if these racist incidents continue unchecked. By requiring CDE not only to track but also to make available a report of hate violence occurrences to the general public, CDE is forced to recognize the profound health implications and trauma caused to the victims of racist incidents and hold students and schools accountable for racist behavior that must stop. For these reasons, the CA/HI NAACP proudly supports AB 1327 (Weber).

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Dixon, Mathis, Papan

Prepared by: Kordell Hampton / ED. / (916) 651-4105

9/2/23 16:44:13

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1327 (Weber) - Interscholastic athletics: California Interscholastic Federation: racial discrimination, harassment, or hazing

Bill Summary:

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events.

Fiscal Impact:

The CDE estimates one-time General Fund costs of $100,000 to create a new data system to collect the data, and ongoing General Fund costs of approximately $240,000. Of the ongoing amount, $230,000 would be to support 1.5 new positions and $10,000 would be to maintain the new data system. The CDE indicates that it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs.

The costs for local educational agencies (LEAs) that participate in the CIF to post the standardized incident form on its website and submit information upon request to CDE are likely to be minor and absorbable within existing resources.

Background:

Existing law provides that the California Interscholastic Federation (CIF) is a voluntary organization comprising of school and school-related personnel responsible for administering interscholastic athletic activities in secondary schools. It is aligned into ten geographical sections each with section control and oversight by school representatives from that geographical region. These representatives include school board members, superintendents, principals, teachers, coaches, and athletic directors from each high school.

Existing law specifies that the CIF shall report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken on or before January 1, 2023, and on or before January 1 every seven years thereafter. This report shall include, but not be limited to, the goals and objectives of the CIF and the status of all of the following:

• 1. The governing structure of the CIF and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools.
  2. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF.
  3. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators and parent education programs.
  4. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools and action taken by the CIF to ensure compliance with Title IX of the federal Education Amendments of 1972.
  5. Health and safety of pupils, coaches, officials, and spectators.
  6. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics.
  7. New and continuing programs available to pupil athletes.
  8. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools.

Proposed Law:

This bill requires the CDE, on or before January 1, 2025, to develop in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events and annually report the information from completed incident forms as statewide totals on their internet website. The bill specifies that the standardized incident form must include a category for the basis of the complaint and information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.

This bill would allow the CDE to share the completed incident forms with the California Interscholastic Federation it has collected from an LEA for the purpose of assisting the CIF with their report to the appropriate policy committees of the Legislature and the Governor. It also clarifies that any information in completed incident forms shall be afforded the same public records disclosure exemptions as are afforded to school districts under the California Public Records Act, in order to protect the confidentiality of pupil and school personnel records and information.

This bill requires each LEA, on or before April 1, 2025, that participates in the CIF to post on their internet website the standardized incident form developed by the CDE and include information on how to submit a completed incident form to the LEA. This bill also requires an LEA that participates in the CIF, to, upon request of the CDE, submit information related to any completed standardized incident forms received by the LEA.

This bill provides that during the years the CIF is not required to submit a report to the Legislature and the Governor, it shall make itself available for hearings upon request of the appropriate policy committees of the Legislature.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1327 (Weber) - Interscholastic athletics: California Interscholastic Federation: racial discrimination, harassment, or hazing

Bill Summary:

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events.

Fiscal Impact:

The CDE estimates one-time General Fund costs of $100,000 to create a new data system to collect the data, and ongoing General Fund costs of approximately $240,000. Of the ongoing amount, $230,000 would be to support 1.5 new positions and $10,000 would be to maintain the new data system. The CDE indicates that it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs.

The costs for local educational agencies (LEAs) that participate in the CIF to post the standardized incident form on its website and submit information upon request to CDE are likely to be minor and absorbable within existing resources.

Background:

Existing law provides that the California Interscholastic Federation (CIF) is a voluntary organization comprising of school and school-related personnel responsible for administering interscholastic athletic activities in secondary schools. It is aligned into ten geographical sections each with section control and oversight by school representatives from that geographical region. These representatives include school board members, superintendents, principals, teachers, coaches, and athletic directors from each high school.

Existing law specifies that the CIF shall report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken on or before January 1, 2023, and on or before January 1 every seven years thereafter. This report shall include, but not be limited to, the goals and objectives of the CIF and the status of all of the following:

• 1. The governing structure of the CIF and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools.
  2. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF.
  3. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators and parent education programs.
  4. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools and action taken by the CIF to ensure compliance with Title IX of the federal Education Amendments of 1972.
  5. Health and safety of pupils, coaches, officials, and spectators.
  6. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics.
  7. New and continuing programs available to pupil athletes.
  8. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools.

Proposed Law:

This bill requires the CDE, on or before January 1, 2025, to develop in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events and annually report the information from completed incident forms as statewide totals on their internet website. The bill specifies that the standardized incident form must include a category for the basis of the complaint and information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.

This bill would allow the CDE to share the completed incident forms with the California Interscholastic Federation it has collected from an LEA for the purpose of assisting the CIF with their report to the appropriate policy committees of the Legislature and the Governor. It also clarifies that any information in completed incident forms shall be afforded the same public records disclosure exemptions as are afforded to school districts under the California Public Records Act, in order to protect the confidentiality of pupil and school personnel records and information.

This bill requires each LEA, on or before April 1, 2025, that participates in the CIF to post on their internet website the standardized incident form developed by the CDE and include information on how to submit a completed incident form to the LEA. This bill also requires an LEA that participates in the CIF, to, upon request of the CDE, submit information related to any completed standardized incident forms received by the LEA.

This bill provides that during the years the CIF is not required to submit a report to the Legislature and the Governor, it shall make itself available for hearings upon request of the appropriate policy committees of the Legislature.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 1327 (Author:Weber)

Version: June 29, 2023

Hearing Date: July 11, 2023

Fiscal: Yes

Urgency: No

Consultant: AWM

SUBJECT

Interscholastic athletics: California Interscholastic Federation: racial discrimination or harassment

DIGEST

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track incidents of racial discrimination or harassment that occurs at high school sporting games or sporting events, as specified, and provides for the CDE to obtain the information submitted on the from local educational agencies and to share the information with the public and the California Interscholastic Federation, subject to certain privacy limitations.

EXECUTIVE SUMMARY

In June 2023, the California Department of Justice reported that hate crimes had increased 20.1 percent over the prior year—an increase of 145.7 percent since 2013.^[1] The year-over-year increase disproportionately affected Black residents.^[2] The increase in racially motivated hate crimes corresponds with an increase in other types of overt racial discrimination and harassment, including at high school sporting events. As the author and sponsor report, there have been numerous incidents of high school students yelling racial slurs and other racist comments at high school sporting events. The State, however, appears to lack a straightforward mechanism for collecting information about such incidents in order to analyze the data and determine how to combat this appalling trend.

This bill is intended to establish a uniform procedure for reporting incidents of racial discrimination and harassment at high school sporting events, to give the CDE and the public better information about such incidents and how to reduce them. Specifically, this bill requires the California Department of Education (CDE) to develop a standardized incident form to track incidents of racial discrimination or harassment that occurs at high school sporting games or sporting events, as specified; requires each local educational agency that participates in the California Interscholastic Federation (CIF) to post the form on their website; requires a local educational agency to share the information obtained from the forms with the CDE on request; requires the CDE to post the statewide totals on the information obtained through the forms annually on its website; and permits the CDE to share the information obtained from the forms with the CIF, pursuant to specified privacy requirements, for the CIF to include the information as part of its report to the Legislature and the Governor every seven years. The author has agreed to amend the bill to include hazing incidents on the form and in the report submitted by CIF.

This bill is sponsored by the NAACP and is supported by the California Teachers Association, NAACP San Diego Branch, the San Diego Unified School District, and Yocha Dehe Wintun Nation. There is no known opposition. The Senate Education Committee passed this bill with a vote of 7-0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Provides that the secondary schools of the state are designated as high schools, technical schools, and adult schools. (Ed. Code, § 52.)
2. Establishes the CIF as a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools. (Ed. Code, § 33353(a).)
3. States that it is the intent of the Legislature that the California Interscholastic Federation, in consultation with the California Department of Education (CDE), to implement the following policies:
   1. Give the governing boards of school districts special authority to select their athletic league representatives.
   2. Require that all league, section, and state meetings affiliated with the CIF be subject to the notice and hearing requirements of the Ralph M. Brown Act (Gov. Code, tit. 5, div. 2, pt. 1, §§ 54950 et seq.)
   3. Establish a neutral final appeals body to hear complaints related to interscholastic athletic policies.
   4. Provide information to parents and pupils regarding the state and federal complaint procedures for discrimination complaints arising out of interscholastic athletic activities.
   5. Comply with the California Public Records Act (CPRA) (Gov. Code, div. 10, §§ 7920.000 et seq.), and in doing so, as a third-party recipient of pupil and school personnel information, be afforded the same public records disclosure exemptions as are afforded to school districts, in order to protect the confidentiality of pupil and school personnel records and information. (Ed. Code, § 33353(a)(1)-(5).)
4. Requires the CIF to report to the appropriate committees of the Legislator and the Governor on its evaluation and accountability activities undertaken pursuant to this section on or before January 1, 2023, and every seven years thereafter. The report shall include the goals and objectives of the CIF with regard to specified information, including the health and safety of pupils, coaches, and spectators. (Ed. Code, § 33353(b)(1).)
5. States that it is the intent of the Legislature that the CIF accomplish all of the following:
   1. In the years during which the CIF is not required to report to the Legislature and the Governor pursuant to 3), hold a public comment period relating to that report at three regularly scheduled council meetings per year.
   2. Annually allow public comment on the CIF’s policies and practices at a regularly scheduled meeting.
   3. Require sections of the CIF to allow public comment on the policies and practices of the CIF and its sections, and the report, at each regularly scheduled section meeting.
   4. Engage in a comprehensive outreach effort to promote the hearings described in (a)-(c). (Ed. Code, § 33353(b)(2).)

This bill:

1. Specifies, that for purposes of the CIF’s obligation to report on the health and safety of pupils, coaches, officials, and spectators within its seven-year report to the Legislature and Governor, that “health and safety” includes, but is not limited to, racial discrimination or harassment.
2. Requires, in the years when the CIF is not required to submit a report to the Legislature and the Governor, the CIF shall, at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the topics on which it is required to report.
3. Requires, on or before January 1, 2025, the CDE to develop, in consultation with stakeholders, a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms as statewide totals on their website.
   1. The form must include a category for the basis of the complaint and information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.
   2. The DOE may share completed incident forms it received from a local educational agency with the CIF for the purpose of assisting the CIF with their seven-year report to the Legislature and the Governor; any information made public shall be provided on an aggregated basis and in a manner that does not disclose any personally identifying information.
4. Requires, on or before April 1, 2025, a local educational agency that participates in the CIF to post on their website the standardized incident form developed by the DOE pursuant to 3) and include information on how to submit a completed incident form to the local educational agency.
   1. On request from the CDE, a local educational agency shall submit information related to any completed standardized incident forms received by the local agency.
   2. Information in completed incident forms shall be afforded the same public records disclosure exemptions as are afforded school districts under the CPRA in order to protect the confidentiality of pupil and school personnel records and information.
   3. “Local educational agency” means a school district, county office of education, or charter school.

COMMENTS

1. Author’s comment

According to the author:

In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls’ playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy’s Asian American players; and players from Cathedral Catholic High School in San Diego were placed on a two year probation after images were shared depicting shirts that read “Catholics vs. Convicts III” prior to playing Lincoln High School, a predominantly low-income, majority-minority high school.

Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. By reporting these incidents, CDE and CIF can better inform the Legislature to the issues so that the Legislature can take action to address the root causes.

2. Hate in high school sports

As the author reports, overt displays of racism are on the rise in high school sports. In addition to the incidents set forth in the author’s statement, students were caught making racist comments to opposing teams’ players at high schools in Laguna Hills, Danville, and Concord.^[3] The racism is not confined to games; two separate high schools had their varsity football seasons canceled after the teams were discovered engaging in extremely racist group chats and social media videos.^[4]

The CIF, which governs high school sports in the state, is a largely autonomous body that consults with CDE and is required to submit a report to the Legislature and the Governor once every seven years.^[5] According to the Senate Education Committee’s analysis of this bill, which is incorporated here by reference, the CIF’s website has a complaint form for unsportsmanlike behavior resulting from discrimination or harassment at an interscholastic event; however, local educational agencies are not required to use the form, and there is no clear answer to what happens with a form once it has been submitted.

3. This bill implements a standardized racial discrimination and harassment form and provides processes for the collection and utilization of the information provided on the forms

In order to give the CDE better information about racial discrimination and harassment incidents at high school sporting events, this bill creates a clear procedure for complaints to be obtained and provided to the entities that can act on the information. Specifically, this bill:

• Requires CDE, on or before January 1, 2025, with input from stakeholders, to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or events;
• Requires the standardized form to include a category for the basis of the complaint and include information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network;
• Requires a local educational agency that participates in the CIF, on or before April 1, 2025, to post on their website the standardized form developed by CDE and include information on how to submit a completed form to the local educational agency;
• Requires a local educational agency to provide information from the forms to the CDE on request;
• Requires CDE to annually report the statewide totals of racial discrimination and harassment incidents on its website;
• Permits CDE to share information from the completed forms with the CIF for purposes of the CIF’s report to the Legislature and the Governor, filed once every seven years; and
• Provides that the completed forms are subject to the CPRA’s exemptions and that any information from the completed forms made public must done so on an aggregated basis and in a manner that does not disclose any personally identifying information.

The bill also clarifies that the CIF must make itself available to the Legislature to provide information in the years it is not required to file a report, and that the topics on which the CIF is required to report include incidents of racial discrimination and harassment.

To the extent that this bill imposes any new restrictions on the public’s right to access information—and it is not clear that it does, given that the CIF, CDE, and local educational agencies are already subject to the CPRA and its exemptions^[6]—the need to protect the privacy of students and other individuals who were involved in traumatic incidents appears consistent with the constitutional guarantee of privacy and therefore justifies the limitation.^[7]

4. Amendments

In light of several recent publicized incidents of hazing in high schools, the author has agreed to add hazing incidents to the list of incidents that must be reported on by the CIF and which may be reported on the form to be created under this bill. The amendments are as follows, subject to any nonsubstantive changes the Office of Legislative Counsel may make:

Amendment 1

At page 4, in lines 2-3, replace “racial discrimination or harassment.” with “racial discrimination, harassment, or hazing.”

Amendment 2

At page 5, in lines 1-2, replace “racial discrimination or harassment” with “racial discrimination, harassment, or hazing”

Amendment 3

Add a definition of “hazing,” consistent with the definition in the Education Code, as follows:

“Hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. “Hazing” does not include athletic events or school-sanctioned events.

5. Arguments in support

According to the NAACP California Hawaii State Conference (CA/HI NAACP), the bill’s sponsor:

During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have endured monkey or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior. CIF is charged with governing interscholastic athletics, and its mission is to promote equity, quality, and character. However, they cannot begin to strengthen the integrity of students or encourage respect and good citizenship if these racist incidents continue unchecked.

The CA/HI NAACP’s principal objective is to ensure the political, educational, social, and economic equality of minority citizens in California and eliminate race prejudice. Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one significant way: it marginalizes their academic, social, and psychological well-being. By requiring CDE not only to track but also to make available a report of hate violence occurrences to the general public, CDE is forced to recognize the profound health implications and trauma caused to the victims of racist incidents and hold students and schools accountable for racist behavior that must stop.

SUPPORT

California Hawaii Conference of the NAACP (sponsor)

California Teachers Association

NAACP San Diego Branch

San Diego Unified School District

Yocha Dehe Wintun Nation

OPPOSITION

None known

RELATED LEGISLATION

Pending legislation: None known.

Prior legislation: None known.

PRIOR VOTES:

Senate Education Committee (Ayes 7, Noes 0)

Assembly Floor (Ayes 76, Noes 0)

Assembly Appropriations Committee (Ayes 15, Noes 0)

Assembly Education Committee (Ayes 7, Noes 0)

Assembly Arts, Entertainment, Sports, and Tourism Committee (Ayes 5, Noes 0)

**************

1. Campa, ‘It’s so pervasive.’ California hate crimes soared in 2022, report shows, L.A. Times (originally published Jun. 27; updated Jun. 28, 2023), https://www.latimes.com/california/story/2023-06-27/its-so-pervasive-california-hate-crimes-soared-20-in-2022-report-shows. All links in this analysis are current as of July 7, 2023. ↑

2. Ibid. ↑

3. Yee, Smith, & Fry, Video captures Laguna Hills student racist slurs at Black basketball player, L.A. Times (originally published Jan. 25, 2022; updated Jan. 26, 2022), https://www.latimes.com/california/story/2022-01-25/video-captures-racist-slurs-at-laguna-hills-high-basketball-game; ABC 7 News, San Ramon Valley High School issues apology for racist remark made by student during basketball game (Jan. 26, 2023), https://abc7news.com/san-ramon-valley-high-school-student-makes-racist-comment-apology-dublin/12739406/; ABC 7 News, CA high school kids, parents face racist insults during soccer game in Concord (Mar. 5, 2022), https://abc7news.com/high-school-racist-remarks-de-la-salle-racism-bay-area-soccer-team/11626808/. ↑

4. NBC Bay Area, Racism Sidelines 2 California High School Football Teams (originally published Oct. 2, 2023; updated Oct. 4, 2022), https://www.nbcbayarea.com/news/california/racism-california-high-school-football-teams/3019940/. ↑

5. Ed. Code, § 33353. ↑

6. Ed. Code, § 33353; Gov. Code, §§ 7920.510, 7920.540, 7921.000. ↑

7. Cal. Const., art. I, § 1. ↑

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 1327 Hearing Date: June 28, 2023

Subject: Interscholastic athletics: California Interscholastic Federation: racial discrimination or harassment.

Note: This bill has been referred to the Committees on Education and Judiciary. A "do pass" motion should include a referral to the Committee on Judiciary.

SUMMARY

This bill requires the California Department of Education (CDE) to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, as specified, and requires each local educational agency (LEA) that participates in the California Interscholastic Federation (CIF) shall post on their internet website the standardized incident form developed by the CDE.

BACKGROUND

Existing Law:

Education Code (EC)

1. Provides that the CIF is a voluntary organization comprising of school and school-related personnel responsible for administering interscholastic athletic activities in secondary schools. (EC § 33353 (a))
2. Specifies the CIF shall report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken on or before January 1, 2023, and on or before January 1 every seven years thereafter. This report shall include, but not be limited to, the goals and objectives of the CIF and the status of all of the following:
   
   1. The governing structure of the CIF and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools.
   2. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF.
   3. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators and parent education programs.
   4. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools and action taken by the CIF to ensure compliance with Title IX of the federal Education Amendments of 1972. (20 U.S.C. Sec. 1681 et seq.)
   5. Health and safety of pupils, coaches, officials, and spectators.
   6. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics.
   7. New and continuing programs available to pupil athletes.
   8. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools. (EC § 33353 (b))
3. States, subject to funds being appropriated for this purpose in the annual Budget Act, the CIF is encouraged to establish a statewide panel that includes, at a minimum, the following members: school administrators, school board members, coaches of secondary school athletics, teachers, parents, athletic directors, representatives of higher education, pupils participating in athletics at the secondary school level, and a representative of the State Department of Education. (EC § 35179.2)
4. Requires each high school sports coach to complete a coaching education program developed by their school district or the CIF that meets the guidelines outlined in the California High School Coaching Education and Training Program (CHSCTP). (EC § 49032)

ANALYSIS

This bill requires the CDE to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, as specified, and requires each LEA that participates in the CIF shall post on their internet website the standardized incident form developed by the CDE. Specifically, this bill.

1. Requires CDE, on or before January 1, 2025, to develop in consultation with relevant stakeholders a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events and annually report the information from completed incident forms as statewide totals on their internet website.
2. Specifies the standardized incident form must include a category for the basis of the complaint and information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network.
3. Require each LEA, on or before April 1, 2025, that participates in the CIF to post on their internet website the standardized incident form developed by the CDE and include information on how to submit a completed incident form to the LEA.
4. Requires an LEA that participates in the CIF, to, upon request of the CDE, submit information related to any completed standardized incident forms received by the LEA.
5. Specifies during the years the CIF is not required to submit a report to the Legislature and the Governor to make itself available for hearings upon request of the appropriate policy committees of the Legislature.
6. Includes CIF’s mandatory report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability of high school athletics, the health, and safety of pupils, coaches, officials, and spectators, including, but not limited to, racial discrimination or harassment. 
7. Defines “local educational agency” to mean school district, county office of education, or charter school.

STAFF COMMENTS

1. Need for the bill. According to the author “In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls’ playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy’s Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read “Catholics vs. Convicts III” prior to playing Lincoln High School, a predominantly low-income, majority-minority high school. Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. By reporting these incidents, CDE and CIF can better inform the legislature to the issues so that the legislature can take action to address the root causes.”
2. The California Interscholastic Federation. The CIF, founded in 1914, is a voluntary organization of 1,615 public, public charter, and private high schools aligned into ten geographical sections to govern education-based athletics in grades 9 through 12.

While each CIF section has autonomy from the state and has its governance structure, section control and oversight are by school representatives from that geographical region. These representatives include school board members, superintendents, principals, teachers, coaches, and athletic directors from each high school who come together to carry out the CIF’s mission outlined in the CIF Constitution and Bylaws. The CIF Constitution and Bylaws are the product of the CIF elected representatives who serve on the CIF Federated Council and Executive Committee.

The elected members of the Federated Council consist of school and district representatives elected from the 10 CIF Sections (see above). State council membership voting is weighted to reflect the number of schools and students served by the respective CIF sections. Additionally, voting members of the Federate Council include representatives from the CDE; California School Boards Association; Association of California School Administrators; California Association for Health, Physical Education, Recreation and Dance; California Coaches Association, California Athletic Directors Association, California Association of Private Schools, California Association of Directors of Activities and California School Superintendents.

1. CIF’s Complaint Form. On its website, the CIF offers a complaint form for unsportsmanlike behavior resulting from discrimination or harassment at an interscholastic event. A complaint can be submitted if an interscholastic event is characterized by unsportsmanlike conduct based on discrimination or harassment. The CIF recommends, “Whenever possible, that the complainant speaks with his/her/their school administrator or the school district’s local compliance coordinator regarding his/her/their complaint. The school site/school should investigate complaints of poor sportsmanship based on discrimination or harassment in a prompt and thorough manner.” The form includes the collection of basic information (name, contact information), identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and instructions on how to file a complaint.

This bill requires the CDE to develop a standardized incident form to track racial discrimination or harassment at high school sporting games or sporting events. However, it should be noted that while CDE oversees Kindergarten through 12 education in the state, it does not govern interscholastic sports.

Further, while the LEA is responsible for, upon request from CDE, must share the completed incident form with the department, it is unclear how CIF is meant to fully report on racial discrimination or harassment of pupils, coaches, officials, and spectators without access to the incident forms.

1. Actionable Item? What proceeds next is unclear once the incident form is completed and submitted to the LEA. For the purposes of this bill, the incident forms serve as data references for racial discrimination and harassment of pupils, coaches, officials, and spectators.

In the last few years, there have been numerous incidents of racial harassment and race-based name-calling during high school sports nationwide. According to the National Association for the Advancement of Colored People, “over the past year alone, alleged incidents of abuse by fans and students have been reported in California, Tennessee, Michigan, Vermont, Massachusetts, Pennsylvania, Oklahoma, Maryland, and New York, among other states. In California specifically, a Black student from Buchanan High School received monkey/ape noises from a student at the opposing school during a penalty kick period at a soccer game at Oak Ridge High School in 2022.” However, incidents beyond racial harassment occur in high school sports, such as bullying and hazing.

The committee may wish to consider whether a policy should be adopted at CIF membership schools regarding sportsmanship among pupils, coaches, officials, and spectators related to racial harassment, bullying, and hazing to provide better direction when these incidents happen.

1. Committee Amendment. The committee recommends, and the author has agreed to, the following amendments:
2. Allow the department to share the completed incident forms with the California Interscholastic Federation it has collected from an LEA for the purpose of assisting the California Interscholastic Federation with their report to the appropriate policy committees of the Legislature and the Governor.
3. Clarifies that any information in completed incident forms shall be afforded the same public records disclosure exemptions as are afforded to school districts under the California Public Records Act, in order to protect the confidentiality of pupil and school personnel records and information.
4. Related Legislation.

AB 245 (McKinnor, 2023) would add to the CHSCTP by July 1, 2024, training in recognizing and responding to the signs and symptoms of concussions, heart illness, and cardiac arrest. This bill is on the Senate Floor.

AB 1653 (Sanchez, 2023) would require a school district or charter school that elects to offer any interscholastic athletic program to include, as part of their emergency action plan, a procedure in case a student-athlete suffers from a heat stroke. This bill is in Senate Appropriations Committee.

SUPPORT

California Teachers Association

California-Hawaii State Conference of the NAACP

San Diego Unified School District

OPPOSITION

None Received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1327

Author:(Weber)

As Amended Ver:May 1, 2023

Majority vote

SUMMARY

Requires the California Department of Education (CDE), in consultation with relevant stakeholders, to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games and events.

Major Provisions

1. Requires the California Interscholastic Federation (CIF) to make itself available for hearings requested by appropriate policy committees of the Legislature during years in which CIF is not required to submit a report to the Legislature or the Governor.
2. Requires CDE, by January 1, 2025, to develop in consultation with relevant stakeholders a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games and events. The bill also requires CDE to annually report the information from completed incident forms on its website.
3. Requires, by April 1, 2025, a local educational agency (LEA) that participates in CIF to post the standardized incident form on its website and include information on how to submit a completed incident form. The bill requires an LEA, upon request by CDE, to submit information related to any completed standardized incident forms received by the LEA.

COMMENTS

The CIF governs competitive athletics in California for grades nine through twelve. The CIF is organized under CDE and is governed by a council consisting of high school superintendents, principals, athletic directors, educators, and other organizations. Amongst other duties, the CIF adopts rules and regulations for school athletics and enforces them. 1,600 schools are members of CIF, meaning the schools adhere to CIF rules and regulations. Over 760,000 student-athletes participate in athletics at CIF member schools annually.

The CIF has an existing complaint form on their website, CIF Complaint Form, Unsportsmanlike Behavior Based on Discrimination or Harassment at an Interscholastic Event, and states that the form may be used by a complainant to file a complaint due to experiencing unsportsmanlike conduct based on discrimination or harassment at an interscholastic event. The form includes the collection of basic information, identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and information related to where and how to file a complaint.

According to the Author

"In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls' playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy's Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read 'Catholics vs. Convicts III' prior to playing Lincoln High School, a predominantly low-income, majority-minority high school.

"Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. CIF is charged with governing interscholastic athletics and cannot begin to strengthen the integrity of students or promote respect and good citizenship if these racist incidents continue unchecked. As an organization whose mission is to promote equity, quality, and character, CIF should be able to hold schools accountable for the racist actions that happen during California sporting events."

Arguments in Support

According to The California Hawaii State Conference of the NAACP, "During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have had to endure monkey and/or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee

1. One-time General Fund costs to CDE of about $100,000 to create a new data system to collect data.
2. Ongoing General Fund costs to CDE of about $240,000. Of this, $230,000 is for 1.5 positions and $10,000 is to provide maintenance and support to the new data system. According to CDE, it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs.
3. Minor and absorbable one-time and ongoing Proposition 98 General Fund costs to an LEA that participates in CIF to post certain information on its website and submit information upon request to CDE.

VOTES

ASM ARTS, ENTERTAINMENT, SPORTS, AND TOURISM: 5-0-2

YES: Quirk-Silva, Wallis, Mike Fong, Friedman, Lackey

ABS, ABST OR NV: Hart, Valencia

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: May 1, 2023

CONSULTANT: Brian Anderson / A.,E.,S., & T. / (916) 319-3450 FN: 0000775

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1327

Author:(Weber) – As Amended Ver:May 1, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires, by January 1, 2025, the California Department of Education (CDE), in consultation with relevant stakeholders, to develop a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games and events. The bill also requires CDE to annually report the information from completed incident forms on its website.

The bill also requires, by April 1, 2025, a local educational agency (LEA) that participates in the California Interscholastic Federation (CIF) to post the standardized incident form on its website and include information on how to submit a completed incident form. The bill requires an LEA, upon request by CDE, to submit information related to any completed standardized incident forms received by the LEA.

FISCAL EFFECT:

1. One-time General Fund costs to CDE of about $100,000 to create a new data system to collect data.
2. Ongoing General Fund costs to CDE of about $240,000. Of this, $230,000 is for 1.5 positions and $10,000 is to provide maintenance and support to the new data system. According to CDE, it is not feasible to incorporate this data into existing data collection systems, as CDE does not currently collect this information or oversee athletic programs.
3. Minor and absorbable one-time and ongoing Proposition 98 General Fund costs to an LEA that participates in CIF to post certain information on its website and submit information upon request to CDE.

COMMENTS:

1. Purpose. According to The California Hawaii State Conference of the NAACP, a supporter of this bill:

During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have had to endure monkey and/or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior.

1. Background. The CIF governs competitive athletics in California for grades nine through twelve. The CIF is organized under CDE and is governed by a council consisting of high school superintendents, principals, athletic directors, educators, and other organizations. Amongst other duties, the CIF adopts rules and regulations for school athletics and enforces them. 1,600 schools are members of CIF, meaning the schools adhere to CIF rules and regulations. Over 760,000 student-athletes participate in athletics at CIF member schools annually.

The CIF has an existing complaint form on their website, CIF Complaint Form, Unsportsmanlike Behavior Based on Discrimination or Harassment at an Interscholastic Event, and states that the form may be used by a complainant to file a complaint due to experiencing unsportsmanlike conduct based on discrimination or harassment at an interscholastic event. The form includes the collection of basic information, identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and information related to where and how to file a complaint.

1. Related Legislation. AB 1653 (Sanchez) of this legislative session, requires, no later than July 1, 2024, the CIF, in consultation with the CDE, to develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness. In addition, the bill requires any school electing to offer an interscholastic athletic program to ensure that procedures related to heat illness are included in its existing written emergency action plan. The bill is pending on this committee’s suspense file.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 26, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 1327 (

Author:Weber) – As Amended Ver:April 17, 2023

[Note: This bill is double referred to the Assembly Arts, Entertainment, Sports, & Tourism Committee and was heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: Interscholastic athletics: California Interscholastic Federation: racial discrimination or harassment

SUMMARY: Requires the California Interscholastic Federation (CIF) to report to the Legislature every three years on instances of racial discrimination or harassment, and requires the CIF to develop, in consultation with community organizations that represent the interests of ethnic groups and communities of color, a standardized incident form to track instances of racial discrimination or harassment that occur at high school sporting games or sporting events, and annually post those results on the CIF website.

1. Requires the CIF to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken on or before January 1, 2023, and on or before January 1 every three years thereafter. Requires this report to include, but not be limited to, the goals and objectives of the CIF with regard to, and the status of, all of the following:
   1. The governing structure of the CIF, and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools;
   2. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF;
   3. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators, and parent education programs.
   4. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools, and action taken by the CIF in order to ensure compliance with Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.);
   5. Health and safety of pupils, coaches, officials, and spectators, including, but not limited to, racial discrimination or harassment;
   6. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics;
   7. New and continuing programs available to pupil athletes; and
   8. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools.
2. Requires during the years in which the CIF is not required to submit a report to the Legislature and Governor, to, at the request of the appropriate policy committees of the Legislature, make itself available for hearing regarding the information required in (1), above.
3. Requires the CIF to develop, in consultation with community organizations that represent the interests of ethnic groups and communities of color, a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events, and annually post those results on their website.

EXISTING LAW:

1. Requires the CIF to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2023, and on or before January 1 every seven years thereafter. Requires the report to include, but not be limited to, the goals and objectives of the CIF with regard to, and the status of, all of the following:
2. The governing structure of the CIF, and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools;
3. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the CIF;
4. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators, and parent education programs;
5. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools, and action taken by the CIF in order to ensure compliance with Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.);
6. Health and safety of pupils, coaches, officials, and spectators;
7. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics;
8. New and continuing programs available to pupil athletes; and
9. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools.
10. States the intent of the Legislature that the CIF accomplish all of the following:
11. During years in which the CIF is not required to report to the Legislature and the Governor, the CIF hold a public comment period relating to that report at three regularly scheduled federation council meetings per year.
12. Annually allow public comment on the policies and practices of the CIF at a regularly scheduled federation council meeting.
13. Require sections of the CIF to allow public comment on the policies and practices of the CIF and its sections, and the report at each regularly scheduled section meeting.
14. Engage in a comprehensive outreach effort to promote the public hearings described in subparagraphs (a) and (c). (Education Code (EC) 33353)
15. Prohibits discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. (Education Code (EC) 220)
16. Requires the California Department of Education (CDE) to monitor, through its federal program monitoring process, whether LEAs have:
    1. Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics defined as hate crimes, and immigration status, disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy must include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district;
    2. Adopted a process for receiving and investigating complaints relating to discrimination, harassment, intimidation, and bullying;
    3. Publicized antidiscrimination, anti-harassment, anti-intimidation, and anti-bullying policies, including information about the manner in which to file a complaint, to students, parents, employees, agents of the governing board, and the general public;
    4. Provided certificated school employees in schools serving students in grades 7 to 12, information on existing schoolsite and community resources related to the support of LGBTQ+ students, or related to the support of students who may face bias or bullying on the basis of religious affiliation, or perceived religious affiliation;
    5. Posted the policy in all schools and offices, including staff lounges and student government meeting rooms;
    6. Maintained documentation of complaints and their resolution for a minimum of one review cycle;
    7. Ensured that complainants are protected from retaliation and that their identity remains confidential, as appropriate; and
    8. Identified a responsible LEA officer for ensuring compliance. (EC 234.1)
17. States that students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, secure and peaceful. (California Constitution Article 1, §28(f)(1))

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, “In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls’ playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy’s Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read ‘Catholics vs. Convicts III’ prior to playing Lincoln High School, a predominantly low-income, majority-minority high school.

Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. CIF is charged with governing interscholastic athletics and cannot begin to strengthen the integrity of students or promote respect and good citizenship if these racist incidents continue unchecked. As an organization whose mission is to promote equity, quality, and character, CIF should be able to hold schools accountable for the racist actions that happen during California sporting events.”

California Interscholastic Federation. The CIF was organized at a high school athletic convention on March 28, 1914, as a voluntary association of schools. Since 1914, the California Department of Education (CDE) has allowed the CIF to regulate interscholastic athletics, and the CIF has been the rule-making body for all of California's K-12 athletics programs since 1917. In 1981, that rule-making authority was expanded to include control over all interscholastic athletics, replacing the CDE in that role.

The Federation consists of ten regional sections, each of which is divided into several “leagues,” for purposes of scheduling athletic contests, and assigning referees. Similar organizations exist in other states. Almost all public, private and parochial schools in California are CIF members.

The primary responsibilities of the CIF are to administer high school athletic programs and to promulgate and enforce rules relating to a student’s involvement in athletics – age, semesters in school, scholarship, residence, transfer status, and amateur standing. Such regulations, which are generated by the 1,609 member base of secondary schools, prevent undesirable exploitation of high school students, provide for the welfare of participants, and ensure that interscholastic athletics offer major benefits to students in a safe, rewarding environment.

CIF Game Management Guidelines. The CIF develops Game Management Guidelines which are designed for adaptation into district or high school policy regarding athletics. The CIF has developed the program “Plan, Prevent, Respond” to help raise awareness and understanding of the Spectator Conduct Guidelines. The CIF Guidelines for Spectator Conduct includes:

Fan behavior at high school athletic contest, whether at home or away, reflects on the entire community. Home fans should treat visitors with respect. Similarly, visiting fans should treat their hosts -both individuals and property - with the proper appreciation.

1. Know and demonstrate good sportsmanship;
2. Be positive. Cheer for your team rather than against the opposition;
3. Refrain from booing and name calling;
4. Respect the official’s judgment and interpretation of the rules; and
5. Exhibit respect for visiting and home coaches.

All cheers, comments, and actions shall be in direct support of one’s team. No cheers, comments, or actions shall be directed at one’s opponent or at contest officials. Some examples of unacceptable conduct include but are not limited to disrespecting players by name, number or position; negative cheers or chants; throwing objects on the playing surface; use of derogatory or racially explicit language; discriminatory harassment or conduct that creates a hostile environment that is disruptive to the contest. Spectators are not to be permitted to use vulgar/offensive or racially/culturally insensitive language or engage in any racially/culturally insensitive action.

CIF complaint form. The CIF has an existing complaint form on their website, CIF Complaint Form, Unsportsmanlike Behavior Based on Discrimination or Harassment at an Interscholastic Event, and states that the form may be used by a complainant to file a complaint due to experiencing unsportsmanlike conduct based on discrimination or harassment at an interscholastic event. The CIF recommends, “Whenever possible, that the complainant speak with his/her/their school administrator or the school district’s local compliance coordinator regarding his/her/their complaint. The school site/school should investigate complaints of poor sportsmanship based on discrimination or harassment in a prompt and thorough manner.” The form includes the collection of basic information (name, contact information), identification of the basis of the complaint (harassment or discrimination based on gender, race/ethnicity, religion, disability, etc.), and information related to where and how to file a complaint. For example, if an incident occurred at or during a pre-season or league event, the filer is directed to submit the completed complaint to the school site with jurisdiction over the matter.

This bill would require the CIF to develop, in consultation with community organizations that represent the interests of ethnic groups and communities of color, a standardized incident form to track hate violence that occurs at high school sporting games or sporting events, and annually post those results on their website.

Hate crimes and incidents. According to the California Attorney General’s website, a hate crime is a crime against a person, group, or property motivated by the victim's real or perceived protected social group. Hate crimes are serious crimes that may result in imprisonment or jail time. A hate incident is an action or behavior motivated by hate but which, for one or more reasons, is not a crime. Examples of hate incidents include name-calling, insults, displaying hate material on private property, posting hate material that does not result in property damage, and distribution of materials with hate messages in public places. Previous versions of this bill required the CIF to develop a standardized form to track hate violence incidents, but recent amendments now require the form to only track complaints related to racial discrimination or harassment.

According to the U.S. Department of Justice, in 2020 just over two-thirds of hate crime incidents in California were against persons, and just under one-third were crimes against property. As shown in Table 1: 2020 Hate Crime Statistics for California, the state is experiencing increasing cases of hate crimes related to race/ethnicity/ancestry, gender identity, as well as cases overall.

Table 1: 2020 Hate Crime Statistics for California

Source: FBI Uniform Crime Reporting Program

School Safety Plans. Every kindergarten through grade twelve public school, including charter, community and court schools, are required to develop and maintain a School Safety Plan designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel. In a school district with fewer than 2,501 units of average daily attendance, there may be one School Safety Plan for all schools within the district.

Current law requires designated stakeholders to annually engage in a systematic planning process to develop strategies and policies to prevent and respond to potential incidents involving emergencies, natural and other disasters, hate crimes, violence, active assailants/intruders, bullying and cyberbullying, discrimination and harassment, child abuse and neglect, discipline, suspension and expulsion, and other safety aspects.

Recommended Committee Amendments. Staff recommends that the bill be amended as follows:

• Require the CIF report to the Legislature and Governor every 7 years.
• Require the CDE, by January 1, 2025, to:
  • Develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination or harassment that occurs at high school sporting games or sporting events; require the form to include the basis category of the complaint indicated on the incident form and include information related to how to report a hate incident or crime through the CA vs. Hate program at the California Civil Rights Department; and
  • Annually report the information from the completed incident forms as statewide totals on their website.
• Require LEAs to:
  • Post the standardized incident form developed by the CDE on their website, and include information related to how to submit a form to the LEA by April 1, 2025; and
  • Submit information related to the completed standardized incident forms to the CDE upon request.
• Define LEA to mean a school district, COE, or charter school.
• Remove the requirement for the CIF to develop a standardized incident form to track racial discrimination or harassment.

Arguments in support. The California Hawaii State Conference of the NAACP writes, “During high school sporting events, racial minority athletes are routinely targeted and subjected to racial violence. In California, students have had to endure monkey and/or ape noises, tortillas being thrown onto the field, barking, racial and body-shaming, and a flurry of racial slurs by opposing team members and sometimes parents. These students are left victimized and traumatized, and there are no accountability measures for the victimizers or the schools that allow this behavior. CIF is charged with governing interscholastic athletics, and its mission is to promote equity, quality, and character, and cannot begin to strengthen the integrity of students or promote respect and good citizenship if these racist incidents continue unchecked.”

Related legislation. AB 1660 (Cooper), Chapter 122, Statutes of 2016, eliminated the sunset on provisions related to the CIF, and instead requires legislative hearings every seven years to correspond with the release of specific reporting by the CIF.

SB 107 (Price), Chapter 230, Statutes of 2011, among other provisions, extended the sunset on the CIF statutes from January 1, 2012 to January 1, 2017.

SB 562 (Torlakson), Chapter 301, Statutes of 2006, among other provisions, extended the sunset on the CIF statutes from January 1, 2007 to January 1, 2012.

SB 225 (Kuehl), Chapter 889, Statutes of 2001, among other provisions, extended the sunset date on the CIF statutes from January 1, 2001, to January 1, 2007.

REGISTERED SUPPORT / OPPOSITION:

Support

California Teachers Association

California-Hawaii State Conference of The NAACP

NAACP San Diego Branch

San Diego Unified School District

Opposition

None on file

Analysis Prepared by: Marguerite Ries / ED. / (916) 319-2087

Date of Hearing: March 21, 2023

ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, AND TOURISM

Sharon Quirk-Silva, Chair

ABPCA Bill Id:AB 1327 (

Author:Weber) – As Introduced Ver:February 16, 2023

SUBJECT: Interscholastic athletics: California Interscholastic Federation: hate violence

SUMMARY: Modifies the reporting requirements of the California Interscholastic Federation (CIF) to the Legislature and the Governor on its evaluation and accountability activities.

Specifically, this bill:

1. Requires CIF to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities on or before January 1 annually.
2. Requires the report to include the goals and objectives of CIF with regards to, and the status of, the health and safety of pupils, coaches, officials, and spectators, including, but not limited to hate violence occurrences.
3. Requires CIF to develop, in consultation with community organizations that represent the interests of ethnic groups and communities of color, a standardized incident form to track hate violence that occurs at high school sporting games or sporting events, and annually post those results on their internet website.

EXISTING LAW:

1. Requires CIF to report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities on or before January 1, 2023, and on or before January 1 every seven years thereafter. The report is required to include, but not be limited to, the goals and objectives of CIF with regard to, and the status of, all of the following (Education Code 33353):
2. The governing structure of CIF, and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools.
3. Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with CIF.
4. The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators, and parent education programs.
5. Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools, and action taken by CIF in order to ensure compliance with Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.).
6. Health and safety of pupils, coaches, officials, and spectators.
7. The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics.
8. New and continuing programs available to pupil athletes.
9. Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools.
10. States the intent of the Legislature that CIF accomplish all of the following (EDC 33353):
11. During years in which CIF is not required to report to the Legislature and the Governor pursuant to paragraph (1), it shall hold a public comment period relating to that report at three regularly scheduled federation council meetings per year.
12. Annually allow public comment on the policies and practices of CIF at a regularly scheduled federation council meeting.
13. Require sections of CIF to allow public comment on the policies and practices of the CIF and its sections, and the report required pursuant to paragraph (1), at each regularly scheduled section meeting.
14. Engage in a comprehensive outreach effort to promote the public hearings described in subparagraphs (a) and (c).

FISCAL EFFECT: None. This measure is keyed nonfiscal by the Legislative Counsel.

COMMENTS:

1) Author's statement. According to the author, "In California, during a penalty kick period at a soccer game at Oak Ridge High School in 2022, a Black student from Buchanan High School received monkey or ape noises from a student at the opposing school; students from Coronado High School threw tortillas at basketball players from Orange Glen, a predominantly Latino School; a Latina student from Buchanan High School was barked at by a student at the opposing school; during a girls’ playoff basketball game against McClatchy High School, Oak Ridge fans directed racial and body-shaming jeers at McClatchy’s Asian American players; and players from Cathedral Catholic High School in San Diego was placed on a two year probation after images were shared depicting shirts that read ‘Catholics vs. Convicts III’ prior to playing Lincoln High School, a predominantly low-income, majority-minority high school.

“Despite taking a more subdued form, unconscious or aversive racism hurts minority student-athletes in high school sports in at least one major way: it marginalizes their academic, social, and psychological well-being. CIF is charged with governing interscholastic athletics and cannot begin to strengthen the integrity of students or promote respect and good citizenship if these racist incidents continue unchecked. As an organization whose mission is to promote equity, quality, and character, CIF should be able to hold schools accountable for the racist actions that happen during California sporting events.”

The sponsor of the bill, the California Hawaii State Conference of the NAACP, writes in support of AB 1327 that, “By requiring CIF to not only track but also make available a report of hate violence occurrences to the general public, CIF is forced to recognize the serious health implications and trauma caused to the victims of racist incidents, and hold students and schools accountable for racist behavior that must stop.”

1. Background: CIF history, scope and purpose. CIF was organized at a high school athletic convention on March 28, 1914, as a voluntary association of schools. Since 1914, the California Department of Education (CDE) has allowed the CIF to regulate interscholastic athletics, and the CIF has been the rule-making body for all of California's K-12 athletics programs since 1917. In 1981, that rule-making authority was expanded to include control over all interscholastic athletics, replacing the CDE in that role.

The Federation consists of ten regional sections, each of which is divided into several "leagues," for purposes of scheduling athletic contests, assigning referees, etc. Similar organizations exist in other states. Almost all public, private and parochial schools in California are CIF members.

The primary responsibilities of CIF are to administer high school athletic programs and to promulgate and enforce rules relating to a student's involvement in athletics - age, semesters in school, scholarship, residence, transfer status, and amateur standing. Such regulations, which are generated by the 1,609 member base of secondary schools, prevent undesirable exploitation of high school students, provide for the welfare of participants, and ensure that interscholastic athletics offer major benefits to students in a safe, rewarding environment.

1. Committee Amendments. Change the reporting requirement from every year to every three years.

4) Prior and related legislation.

a) AB 1660 (Cooper) Chapter 122, Statutes of 2016, eliminated the sunset on provisions related to CIF, and instead requires legislative hearings every seven years to correspond with the release of specific reporting by the CIF.

b) SB 107 (Price), Chapter 230, Statutes of 2011, among other things, extended the sunset on CIF statutes from January 1, 2012 to January 1, 2017.

c) SB 562 (Torlakson), Chapter 301, Statutes of 2006, among other things, extended the sunset on CIF statutes from January 1, 2007 to January 1, 2012.

d) SB 225 (Kuehl), Chapter 889, Statutes of 2001, among other things, extended the sunset date from January 1, 2001, to January 1, 2007.

REGISTERED SUPPORT / OPPOSITION:

Support

California Hawaii State Conference of the NAACP (Sponsor)

Opposition

There is no opposition on file.

Analysis Prepared by: Brian Anderson / A.,E.,S., & T. / (916) 319-3450