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Assembly Bill A5443E

2021-2022 Legislative Session

Requires commissioner of education to promulgate rules and regulations to ensure that no public school uses a native name, logo, or mascot

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A5443 - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443 - Summary

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

2021-A5443 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5443
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation  to  race-based  mascots,
   names or logos
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

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

2021-A5443A - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443A - Summary

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

2021-A5443A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5443--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Education  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the education law, in relation to race-based mascots,
   names or logos

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

2021-A5443B - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443B - Summary

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

2021-A5443B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5443--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Education  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

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

co-Sponsors

2021-A5443C - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443C - Summary

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

2021-A5443C - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5443--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Education  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to native names, logos,
   or mascots
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   §  319.  NATIVE  MASCOTS,  NAMES OR LOGOS. 1. AS USED IN THIS SECTION,
 "NATIVE NAME, LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL  OR  OBJECT
 USED  TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO, REPRESENTS,
 OR IS ASSOCIATED WITH NATIVE  AMERICANS,  INCLUDING  ASPECTS  OF  NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2.  THE  COMMISSIONER SHALL, IN CONSULTATION WITH THE AMERICAN PSYCHO-
 LOGICAL ASSOCIATION, THE AMERICAN SOCIOLOGICAL ASSOCIATION, THE NATIONAL
 COLLEGIATE ATHLETIC ASSOCIATION, THE NATIONAL CONGRESS OF AMERICAN INDI-
 ANS, AND FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBES,  PROMULGATE  RULES
 AND  REGULATIONS  TO  ENSURE  THAT  NO PUBLIC SCHOOL USES A NATIVE NAME,
 LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS OR OTHER MATERIALS BEARING THEIR PROHIBITED ATHLETIC TEAM NAME,
 LOGO,  OR  MASCOT  THAT  WERE  PURCHASED BEFORE A DATE PRESCRIBED BY THE
 COMMISSIONER UNTIL SEPTEMBER FIRST, TWO THOUSAND TWENTY-FOUR IF  ALL  OF
 THE FOLLOWING REQUIREMENTS ARE MET:
   (A)  THE  SCHOOL  SELECTS A NEW SCHOOL OR ATHLETIC TEAM NAME, LOGO, OR
 MASCOT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A5443D - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443D - Summary

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

2021-A5443D - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5443--D
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  CARROLL -- read once and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Education in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the education law, in relation to native  names,  logos,
   or mascots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. NATIVE MASCOTS, NAMES OR LOGOS. 1. AS  USED  IN  THIS  SECTION,
 "NATIVE  NAME,  LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT
 USED TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO,  REPRESENTS,
 OR  IS  ASSOCIATED  WITH  NATIVE  AMERICANS, INCLUDING ASPECTS OF NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. NO PUBLIC SCHOOL SHALL USE A NATIVE NAME, LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS  OR OTHER MATERIALS BEARING A NATIVE NAME, LOGO, OR MASCOT THAT
 WERE PURCHASED ON OR BEFORE THE EFFECTIVE DATE  OF  THIS  SECTION  UNTIL
 SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR  IF  ALL  OF THE FOLLOWING
 REQUIREMENTS ARE MET:
   (A) THE SCHOOL SELECTS A NEW SCHOOL OR ATHLETIC TEAM  NAME,  LOGO,  OR
 MASCOT;
   (B) THE SCHOOL REFRAINS FROM PURCHASING, ACQUIRING, OR USING RESOURCES
 FOR  THE  PURPOSE OF DISTRIBUTION OR SALE TO PUPILS OR SCHOOL EMPLOYEES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-17-2

co-Sponsors

2021-A5443E (ACTIVE) - Details

See Senate Version of this Bill:
S1549
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add §319, Ed L
Versions Introduced in 2023-2024 Legislative Session:
S4052

2021-A5443E (ACTIVE) - Summary

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

2021-A5443E (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5443--E
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  CARROLL -- read once and
   referred to the Committee on Education -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Education in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 AN ACT to amend the education law, in relation to native  names,  logos,
   or mascots
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 319 to
 read as follows:
   § 319. NATIVE MASCOTS, NAMES OR LOGOS. 1. AS  USED  IN  THIS  SECTION,
 "NATIVE  NAME,  LOGO, OR MASCOT" SHALL MEAN ANY PERSON, ANIMAL OR OBJECT
 USED TO REPRESENT A SCHOOL DISTRICT WHICH NAMES, REFERS TO,  REPRESENTS,
 OR  IS  ASSOCIATED  WITH  NATIVE  AMERICANS, INCLUDING ASPECTS OF NATIVE
 AMERICAN CULTURES AND SPECIFIC NATIVE AMERICAN TRIBES.
   2. NO PUBLIC SCHOOL SHALL USE A NATIVE NAME, LOGO, OR MASCOT.
   3. NOTWITHSTANDING THIS SECTION, A PUBLIC SCHOOL MAY CONTINUE  TO  USE
 UNIFORMS  OR OTHER MATERIALS BEARING A NATIVE NAME, LOGO, OR MASCOT THAT
 WERE PURCHASED ON OR BEFORE THE EFFECTIVE DATE  OF  THIS  SECTION  UNTIL
 SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-FOUR  IF  ALL  OF THE FOLLOWING
 REQUIREMENTS ARE MET:
   (A) THE SCHOOL SELECTS A NEW SCHOOL OR ATHLETIC TEAM  NAME,  LOGO,  OR
 MASCOT;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02998-19-2

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