CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3074Introduced by Assembly Members Schiavo and Ramos(Principal coauthor: Assembly Member Alvarez)February 16, 2024 An act to amend Section 221.3 of the Education Code, relating to schools.LEGISLATIVE COUNSEL'S DIGESTAB 3074, as introduced, 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 prohibit, beginning January 1, 2026, public schools from using the term Indians as a school or athletic team name, mascot, or nickname, subject to specified exceptions. 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 Bill TextThe 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) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) 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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3074Introduced by Assembly Members Schiavo and Ramos(Principal coauthor: Assembly Member Alvarez)February 16, 2024 An act to amend Section 221.3 of the Education Code, relating to schools.LEGISLATIVE COUNSEL'S DIGESTAB 3074, as introduced, 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 prohibit, beginning January 1, 2026, public schools from using the term Indians as a school or athletic team name, mascot, or nickname, subject to specified exceptions. 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
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 3074
Introduced by Assembly Members Schiavo and Ramos(Principal coauthor: Assembly Member Alvarez)February 16, 2024
Introduced by Assembly Members Schiavo and Ramos(Principal coauthor: Assembly Member Alvarez)
February 16, 2024
An act to amend Section 221.3 of the Education Code, relating to schools.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3074, as introduced, 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 prohibit, beginning January 1, 2026, public schools from using the term Indians as a school or athletic team name, mascot, or nickname, subject to specified exceptions. 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.
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 prohibit, beginning January 1, 2026, public schools from using the term Indians as a school or athletic team name, mascot, or nickname, subject to specified exceptions. 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
## 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) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) 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.
The people of the State of California do enact as follows:
## 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) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.
SECTION 1. Section 221.3 of the Education Code is amended to read:
### SECTION 1.
221.3. (a) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.
221.3. (a) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.
221.3. (a) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.(d) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section.
221.3. (a) Beginning January 1, 2017, all (1) All public schools are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames.
(2) Commencing January 1, 2026, all public schools are prohibited from using the term Indians for school or athletic team names, mascots, or nicknames.
(b) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing the term Redskins Indians as a school or athletic team name, mascot, or nickname that were purchased before January 1, 2017, 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 Redskins. Indians.
(B) Notwithstanding subparagraph (A), prior to before January 1, 2019, 2028, a school using uniforms that bear the term Redskins Indians 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 201617 202526 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 in its logo or cover title.
(4) The school refrains from purchasing or constructing a marquee, sign, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, 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 no later than the next time the associated part of the facility is replaced in the normal course of maintenance.
(c) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname does not result in a requirement to immediately purchase or replace materials or fixtures until they would have needed to be purchased or replaced without the enactment of this article.
(d) 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.
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.
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.
### SEC. 2.