AB 3074 Expands The California Racial Mascot Act

06.18.2025

On September 27, 2024, Governor Newsom signed Assembly Bill (“AB”) 3074 into law to expand the definition of “derogatory Native American term” under the Racial Mascots Act (Education Code section 221.3). The law went into effect on January 1, 2025, with new restrictions that begin on July 1, 2026. In adherence with AB 3074, school districts should review their Uniform Complaint Procedures to ensure that—as required by Education Code section 33315—these procedures include complaints related to school or athletic team names, mascots, or nicknames.

Expanded Definition:
Under the previous version of Education Code section 221.3, unless a public school was operated by an Indian tribe or tribal organization, it was prohibited from using a single term for school or athletic team names, mascots, or nicknames. AB 3074 modified Education Code section 221.3 to expands the restriction. Beginning July 1, 2026, public schools are prohibited from using any “derogatory Native American Term,” and the law now includes a more expansive list of specifically prohibited terms, as well as any term related to Native Americans that may be deemed “derogatory.” Again, public schools that are operated by an Indian tribe or tribal organization continue to remain exempt from this prohibition. Other exemptions for previously purchased uniforms and materials apply.

Uniform Complaint Procedure:
Previously, Education Code section 33315 did not require the Racial Mascot Act be incorporated into the scope of the Uniform Complaint Procedures (“UCP”). AB 3074 amends section 33315 to expressly require complaints related to school or athletic team names, mascots, or nicknames under the Racial Mascot Act be included in the UCP process. Board Policies and Administrative Regulations related to the UCP should be updated in accordance with this change in law.

If any school mascots within your district are related to Native American culture and your school or district is not operated by an Indian tribe or a tribal organization, we recommend consulting with legal counsel as necessary to determine whether the mascot name requires revision to maintain compliance with law. If you have any questions about the Racial Mascots Act, please feel free to contact your regular AALRR counsel or the authors of this alert.

Special thanks to Heily Acicon, our SCELPG law clerk, for her extensive work on this alert.