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New California law bans Native American mascots in K-12 schools and tightens Feather Alerts

Gov. Gavin Newsom signed bills focused on issues ranging from the missing and murdered Indigenous people crisis to banning the use of Native American slurs on sports teams and mascots in K-12 schools.

Among the bills passed was House Bill 3074, which will ban K-12 schools from using derogatory anti-Indigenous terms as school or sports team names by July 2026. Some of these names include “Apaches, Big Red.” , braves, chiefs, ChiefsChippewa, Comanche, Indian, Savage, Squaw and Tribe.”

Existing law prohibited the term “Redskin” as a school name or mascot.

“We cannot simply allow the state of California and local jurisdictions to use offensive mascot names to perpetuate the mentality that Indians are somehow less than human. We’re sitting directly with the people today,” said Rep. James Ramos, D-San Bernardino, who co-authored the bill.

Rep. Pilar Schiavo, D-Chatsworth, co-led AB3074 with Ramos and Rep. David Alvarez, D-Chula Vista.

Public schools operated by tribal nations or organizations are exempt from this law. This law would take effect from July 1, 2026.

Newsom also signed the following bills related to Indian Country. The following law was authored by Ramos, a Serrano/Cahuilla native and the first and only Native legislator in the California Legislature:

AB 1821, Teaching Students About the Treatment of Native Americans: K-12 students are taught historically accurate lessons about the mistreatment of Native Americans in California. Students will now learn about the genocide in California during Spanish colonization and the Gold Rush era.

▪ AB 81, the California Indian Child Welfare Act: The county social services agency or county probation department must inquire whether a child is Native American upon initial contact. This law appears to protect the Indian Child Welfare Act of 1978, which protects Native Americans from being removed from the care of their parents or guardians.

▪ AB 2695, Law Enforcement Crime Statistics: To better understand where criminal incidents related to the missing and murdered Indigenous people crisis are occurring, the Department of Justice must align its records and data with the federal National Incident-Based Reporting System. This bill focuses on data collection and is intended to assist law enforcement in identifying incidents of domestic violence in Indian Country.

AB 2108, The Luke Madrigal Act: Requires county social workers and probation officers to notify local law enforcement and parents or guardians of the disappearance of a foster child. This report must be made no later than 24 hours after receipt of the missing information. This law applies to all children in foster care, but is specifically aimed at missing local foster children. Native American children are 2.7 times more likely to enter foster care than the general population. This rate is the highest of any ethnic group.

▪ AB 1284, Tribal Lands and Waters: The Natural Resources Agency is encouraged to enter into co-governance and co-management agreements with federally recognized tribes. This bill aims to empower tribes in interstate negotiations and prevent the negative impacts of climate change.

Other legislation authored by other lawmakers focused on issues such as prescribed burns, transportation and tribal housing.

The Federal Arm and the Missing and Murdered Indigenous People Crisis

The crisis of missing and murdered indigenous peoples was a major focus of tribal legislation this session. The epidemic refers to the disproportionate number of missing and murdered indigenous people; California has the fifth most cases in the country.

There are more than 150 unsolved cases in California. According to the Yurok Tribal Court, these cases are seven times less likely to be resolved statewide than any other ethnic group.

Bernadette Smith, with a red handprint on her face, sits with her daughter Chishkaleh Flores, 2, at the vigil for missing and murdered indigenous peoples on Wednesday, May 1, 2024, at the Capitol. She holds a sign of her sister Nicole Smith, who was murdered at the Manchester Rancheria in 2017. Her murder is now a cold case.Bernadette Smith, with a red handprint on her face, sits with her daughter Chishkaleh Flores, 2, at the vigil for missing and murdered indigenous peoples on Wednesday, May 1, 2024, at the Capitol. She holds a sign of her sister Nicole Smith, who was murdered at the Manchester Rancheria in 2017. Her murder is now a cold case.

Bernadette Smith, with a red handprint on her face, sits with her daughter Chishkaleh Flores, 2, at the vigil for missing and murdered indigenous peoples on Wednesday, May 1, 2024, at the Capitol. She holds a sign of her sister Nicole Smith, who was murdered at the Manchester Rancheria in 2017. Her murder is now a cold case.

The Feather Alert, similar to the Amber Alert, has faced obstacles since its passage. According to the Press Democrat, the California Highway Patrol has denied about 60% of Feather Alert requests.

Feather Alert delays remain a problem for California tribal communities. In September, Amy Porter, a 43-year-old member of the Morongo Band of Mission Indians, went missing and was found dead.

She was last seen on September 15th. Frustrated by a lack of urgency, her family began their own search after hearing reports that Porter had been in a car accident.

Her body was found in the desert near Interstate 10 in Yucaipa, San Bernardino County, according to Native News Online. This was one day after the California Highway Patrol issued its Feather Alert.

According to the Los Angeles Times, Porter's death is being investigated by the San Bernardino Sheriff's Department.

To strengthen the Feather Alert, Ramos authored two amendments that would allow tribes to work directly with CHP and require them to provide an explanation for why an alert is denied. The other change requires law enforcement agencies to respond to a Feather Alert request within 48 hours.

These changes are intended to prevent Feather Alerts requests from being delayed and to give tribes the opportunity to bring their loved ones home.

While several bills focused on the missing and murdered Indigenous people crisis were passed, Newsom vetoed AB 2138. This bill would begin a program with the Department of Justice to grant peace officer status to tribal police officers.

Newsom wrote in his veto memo that the bill would result in “significant legal disparities between California peace officers and tribal police officers.”

Ramos said he plans to revisit AB 2138 in the future.

“Indian people in the state of California still feel invisible in many cases. “Where is the justice?” said Ramos. “We will continue to work with the administration. We will continue to work on these areas and policies that provide public safety for California’s First Peoples.”