Bill Text: CA AB3074 | 2023-2024 | Regular Session | Amended
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
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Assembly
April 16, 2024 |
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Amended
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April 09, 2024 |
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Amended
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March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 3074
| Introduced by Assembly Members Schiavo and Ramos (Principal coauthor: Assembly Member Alvarez) |
February 16, 2024 |
An act to amend Sections 221.3 and 33315 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. Existing law requires the Superintendent of Public Instruction to establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for specified educational programs.
This bill would exempt public schools operated by an Indian tribe or a tribal organization from this prohibition. The bill would prohibit, beginning July 1, 2026, public schools, except for public schools operated by an Indian tribe or tribal organization, from using any derogatory Native American term, as defined, as a school or athletic team name, mascot, or nickname, except as provided. The bill would require the Uniform Complaint Procedures to apply to school or
athletic team names, mascots, or nicknames pursuant to the bill. 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: YESBill 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) 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 July 1, 2026, all public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using any derogatory Native American term for
school or athletic team names, mascots, or nicknames.
(c) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing a derogatory Native American term as a school or athletic team name, mascot, or nickname that were purchased before July 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 derogatory Native American term.
(B) Notwithstanding subparagraph (A), before January 1, 2028, a school using uniforms that bear the 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, nickname, or related title in its logo or cover title.
(4) 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, mascot, or nickname no later than the next time the associated part of the facility is replaced in the normal course of maintenance.
(d) (1) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname results in a requirement to purchase or replace materials or fixtures 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.
(f) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.
(g) This section shall not apply to campuses of the California Community Colleges, the California State University,
or the University of California.
SEC. 2.
Section 33315 of the Education Code is amended to read:33315.
(a) The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following:(1) The Uniform Complaint Procedures shall apply to all of the following:
(A) Adult
education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive.
(B) Consolidated categorical aid programs as listed in subdivision (a) of Section 64000.
(C) Migrant child education established pursuant to Sections 54440 to 54445, inclusive.
(D) Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive.
(E) Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive.
(F) The
filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance.
(G) Lactation accommodations pursuant to Section 222.
(H) Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements
for foster youth, homeless youth, and other youth pursuant to Section 51225.1.
(I) Pupil fees pursuant to Sections 49010 to 49013, inclusive.
(J) Courses of study pursuant to Section 51228.3.
(K) Instructional minutes for physical education pursuant to Section 51223.
(L) Local control and accountability plans pursuant to Section 52075.
(M) Juvenile court schools pursuant to Section 48645.7.
(N) School safety plans pursuant to Section 32289.
(O) Deficiencies related to preschool
health and safety issues for a California state preschool program pursuant to Section 8235.5.
(P) School or athletic team names, mascots, or nicknames pursuant to Section 221.3.
(Q) Any other state or federal educational program the Superintendent deems appropriate.
(2) As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the
California Code of Regulations.
(3) The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website.
(4) Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant.
(5) Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant.
(6) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter
5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement.
(7) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations.
(b) The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(c) Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations.
(d) For purposes of this section, “local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of
Regulations.
