Bill Text: CA AB3074 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School or athletic team names: California Racial Mascots Act.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-06-24 - In committee: Referred to suspense file. [AB3074 Detail]

Download: California-2023-AB3074-Amended.html

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Amended  IN  Assembly  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3074

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Introduced by Assembly Members Schiavo and Ramos
(Principal coauthor: Assembly Member Alvarez)

February 16, 2024

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An act to amend Section 221.3 of the Education Code, relating to schools.

LEGISLATIVE COUNSEL'S DIGEST

AB 3074, as amended, Schiavo. School or athletic team names: California Racial Mascots Act.

Existing law establishes the California Racial Mascots Act, which prohibits public schools from using the term Redskins as a school or athletic team name, mascot, or nickname.

This bill would exempt public schools operated by an Indian tribe or a tribal organization from this prohibition. The bill would prohibit, beginning January 1, 2026, public schools schools, except for public schools operated by an Indian tribe or tribal organization, from using the term Indians any derogatory Native American term, as defined, as a school or athletic team name, mascot, or nickname, subject to specified exceptions. except as provided. To the extent that the bill would impose new duties on public schools, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 221.3 of the Education Code is amended to read:

221.3.

(a)(1)All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.

221.3.

 (a) For purposes of this section, “derogatory Native American term” includes, but is not necessarily limited to, Apaches, Big Reds, Braves, Chiefs, Chieftains, Chippewa, Comanches, Indians, Savages, Squaw, and Tribe.

(b) (1) All public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.

(2) Commencing January 1, 2026, all public schools schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using the term Indians any derogatory Native American term for school or athletic team names, mascots, or nicknames.

(b)

(c) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Indians a derogatory Native American term as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2026, if all of the following requirements are met:

(1) The school selects a new school or athletic team name, mascot, or nickname.

(2) (A) Except as provided in subparagraph (B), the school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any uniform that includes or bears the term Indians. derogatory Native American term.

(B) Notwithstanding subparagraph (A), before January 1, 2028, a school using uniforms that bear the term Indians derogatory Native American term may purchase or acquire a number of uniforms equal to up to 20 percent of the total number of uniforms used by a team or band at that school during the 2025–26 school year for the purposes of replacing damaged or lost uniforms.

(3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, mascot, or nickname nickname, or related title in its logo or cover title.

(4) Commencing with registration for the 2026–27 school year, the school does not register or reregister the prohibited school or athletic team name, mascot, or nickname with the California Interscholastic Federation.

(4)

(5) The school refrains from purchasing or constructing a marquee, sign, gymnasium floor, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, mascot, or nickname. This paragraph applies to facilities that bear the prohibited school or athletic team name, mascot, or nickname, in which case the school shall remove the prohibited name name, mascot, or nickname no later than the next time the associated part of the facility is replaced in the normal course of maintenance.

(c)It

(d) (1) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result results in a requirement to immediately purchase or replace materials or fixtures until when they would have needed to be purchased or replaced without the enactment of this article.

(2) Notwithstanding paragraph (1), it is the intent of the Legislature that the purchase or replacement of materials or fixtures due to implementation of a new school or athletic team name, mascot, or nickname pursuant to this section occur before the 2028–29 school year.

(e) This section shall not apply to a public school that receives written consent from a local federally recognized tribe to use a derogatory Native American term for the school or an athletic team name, mascot, or nickname.

(d)

(f) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.