Cal. Educ. Code § 221.3
The California Racial Mascots Act
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
(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.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.