Part 21 LOCAL EDUCATIONAL AGENCIES
Part 22 SCHOOL OPERATIONS
Part 23 SUPPLEMENTAL SERVICES
Part 23.5 TRANSPORTATION
Part 24 SCHOOL FINANCE
Part 25 EMPLOYEES

Terms Used In California Codes > Education Code > Title 2 > Division 3

  • Access: means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. See California Education Code 49061
  • Access costs: means living expenses and expenses for transportation, supplies, technology, and books. See California Education Code 69432.7
  • Achievement test: means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. See California Education Code 60603
  • Acquire: includes acquisition by gift, purchase, lease, eminent domain, or otherwise. See California Government Code 12271
  • Acquiring district: means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780. See California Education Code 35514
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the California School Finance Authority Act. See California Education Code 45029
  • Added sweetener: means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. See California Education Code 49430
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Advisory Council: means the Dispute Resolution Advisory Council. See California Education Code 51203
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Education Code 17389
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • agency: means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:

    California Civil Code 1798.3

  • Agent: means a county or city board of education or superintendent of schools acting with the board's consent, on behalf of one or more school districts for any purpose of this chapter, the Board of Governors of the California Community Colleges or the Chancellor of the California Community Colleges acting with the Board of Governors' consent, on behalf of one or more community college districts for any purpose of this chapter, and the school district, county office of education, or other chartering entity acting with the consent of, and on behalf of, one or more charter schools for any purpose of this chapter. See California Education Code 45029
  • alternative certification program: is a program operated by a school district, county office of education, college or university, or other public education entity, individually or in collaboration with other public education entities in the region to be served, and designed to provide a concentrated program leading to a permanent teaching credential. See California Education Code 44381
  • Alternative dispute resolution: means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. See California Education Code 41036
  • Alternative energy equipment: means alternative energy equipment, as defined in subdivision (d) of Section 15814. See California Government Code 14710
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Any school district: means a school district or a county superintendent of schools who employs classroom teachers in the public schools. See California Education Code 45343
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Archival value: means the ongoing usefulness or significance of a record based on the administrative, legal, fiscal, evidential, or historical information it contains, justifying its permanent preservation. See California Government Code 12271
  • Armed forces: means the United States Air Force, Army, Navy, Marine Corps, or Coast Guard. See California Education Code 45294
  • arts: includes , but is not limited to, all of the following: dance. See California Education Code 52522.2
  • assessed value: means 25 percent of full value to, and including, the 1980-81 fiscal year, and 100 percent of full value for the 1981-82 fiscal year and fiscal years thereafter. See California Education Code 19460.5
  • Asset: means property of a debtor, but the term does not include the following:

    California Education Code 42289.6

  • Assistive device: means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in Section 19153 of the Welfare and Institutions Code and unless they are intended to assist the limited vision of the person so disabled. See California Civil Code 1791
  • Associate: when used with respect to a licensee, means all of the following:

    California Education Code 44929

  • Association: means any corporation organized under this part. See California Education Code 44832
  • at-risk: means there is evidence of, or there are indications of, any of the following:

    California Government Code 14669.17

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: means the Capitol Area Development Authority created by the joint powers agreement executed pursuant to Section 8169. See California Government Code 14706
  • Authority: means the California School Finance Authority, or any board, body, commission, department, or officer succeeding to the principal functions of the authority, or to which the powers conferred upon the authority by this chapter shall be given by law. See California Education Code 45029
  • average daily attendance: means the average daily attendance used to compute a school district's second principal apportionment. See California Education Code 41860
  • Award year: means one academic year, or the equivalent, of attendance at a qualifying institution. See California Education Code 69432.7
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Balanced budget: A budget in which receipts equal outlays.
  • beginning teacher: means a teacher with a valid California credential, as defined in Section 44259. See California Education Code 44279.1
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Education Code 44435
  • Benefit enforcement proceeding: means a claim or action relating to any of the following:

    California Education Code 44435

  • Bequest: Property gifted by will.
  • Bill of sale: means a written instrument, conforming to the requirements of this chapter, which evidences a transfer of grain. See California Education Code 35106
  • Board: as used in this chapter , means the Board of Vocational Nursing and Psychiatric Technicians of the State of California. See California Education Code 52050
  • board: refers to any healing arts board, division, or examining committee which licenses or certifies health professionals. See California Education Code 51935
  • board: as used in this chapter means the Medical Board of California. See California Education Code 68071
  • Board: means the State Allocation Board. See California Education Code 45105
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Education Code 1012
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • building: includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. See California Education Code 17515
  • Buyer: means a purchaser of grain which is thereafter stored in private bulk storage, and includes the assigns and successors in interest of such buyer. See California Education Code 35106
  • Bylaws: as used in this part means the code or codes of rules used, adopted, or recognized for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See California Corporations Code 9150
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Capitol area: includes both of the following:

    California Government Code 14679.5

  • capstone college course: means a community college course described in subparagraph (A) or (B) of paragraph (3) of subdivision (d) of Section 48800. See California Education Code 48810.5
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Catalog or similar sale: means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer's condition or in the selection or fitting of the device. See California Civil Code 1791
  • Census administration: means a test administration in which all pupils take comparable assessments of the same content and where results of individual performance are appropriate and meaningful to parents, pupils, and teachers. See California Education Code 60603
  • center: means the Violent Crime Information Center. See California Government Code 14669.17
  • Central city: means that area of the City of Sacramento bounded on the north by the American River, on the west by the Sacramento River, and on the south and east by Interstate Highway 80. See California Government Code 14679.5
  • certificate: as used in this chapter are deemed to be synonomous. See California Education Code 70011.9
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Charter school: means a school established pursuant to Part 26. See California Education Code 45029
  • child: is a ny person under 18 years of age. See California Government Code 14669.17
  • Child development program: means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. See California Education Code 52550
  • child nutrition entity: means any school district, county superintendent of schools, child development program operated pursuant to Chapter 2 (commencing with Section 8200) or Chapter 2. See California Education Code 49530.5
  • City: includes city and county. See California Education Code 17322
  • Civil action: includes civil proceedings. See California Education Code 17527
  • claim for relief: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See California Education Code 42289.6
  • Classification: means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. See California Education Code 45101
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Close relative: means ancestor, lineal descendant, brother or sister and lineal descendants of either, spouse, father-in-law, mother-in-law, son-in-law, brother-in-law, daughter-in-law, or sister-in-law. See California Education Code 44929
  • Clothing: means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. See California Civil Code 1791
  • Cogeneration equipment: means equipment used for cogeneration, as defined in Section 216. See California Government Code 14710
  • Combination foods: means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. See California Education Code 49430
  • Commercial real property: includes any part, portion, or unit thereof, and any related facilities, space, or services, except the following:

    California Education Code 37692

  • Commercial rental control: includes any action of a public entity taken by statute, charter, ordinance, resolution, administrative regulation, or any other governmental enactment to establish, continue, implement, or enforce any control or system of controls, on the price at which, or the term for which, commercial real property may be offered for rent, or control or system of controls which would select, mandate, dictate, or otherwise designate a specific tenant or specific person or entity with whom the owner must negotiate on the formation, extension, or renewal of a tenancy. See California Education Code 37692
  • Commission: means the California Transportation Commission. See California Government Code 14556.41
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commission: means the Student Aid Commission. See California Education Code 69432.7
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community-based punishment: means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. See California Education Code 1046
  • Comparable units: means rental units that have approximately the same living space, have the same number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services. See California Education Code 38083
  • Competitive foods: means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. See California Education Code 49430
  • Complaint: includes a cross-complaint. See California Government Code 14880
  • compliance audit: means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation or both and includes the verification of each of the following:

    California Education Code 51224

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Consortium: means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605. See California Education Code 60603
  • Consumables: means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. See California Civil Code 1791
  • Consumer: means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. See California Education Code 52950
  • Consumer goods: means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. See California Civil Code 1791
  • Content standards: means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. See California Education Code 60603
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contractor: means the department, division, or other unit of a person or organization responsible for the performance under the contract. See California Government Code 14856
  • Controlled substance: means a controlled substance in schedules I through V of Section 202 of the Controlled Substances Act (21 U. See California Government Code 14856
  • Core area: means that area of the City of Sacramento within the area bounded by "G" Street on the north, "R" Street on the south, 5th Street on the west, and 17th Street on the east. See California Government Code 14679.5
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • County: includes city and county. See California Education Code 17321
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 17491
  • County: includes city and county. See California Education Code 19958
  • County: includes "city and county. See California Education Code 25018.5
  • County placing agency: means the county social service department or county probation department. See California Education Code 49061
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Creditor: means a person that has a claim, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493. See California Education Code 42289.6
  • creditor: means a person who has a claim, as defined in Section 3439. See California Education Code 42623
  • Creditor: means "creditor" as defined in Section 3439. See California Education Code 42637
  • Crime: means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony. See California Government Code 14907
  • Criminal action: includes criminal proceedings. See California Education Code 17529
  • Day: means a calendar day unless otherwise specifically provided. See California Education Code 48925
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Debt: means liability on a claim. See California Education Code 42289.6
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Debtor: means a person that is liable on a claim. See California Education Code 42289.6
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deep fried: means a food item that is cooked by total submersion in oil or fat. See California Education Code 49430
  • Defendant: includes a cross-defendant. See California Government Code 14880
  • Defense attorney: Represent defendants in criminal matters.
  • Deliver: means to deliver by personal service or by placing a copy of the notice in the mail, postage prepaid, by certified mail, return receipt requested, addressed to the party at the address for the receipt of notices under the lease. See California Education Code 37692
  • Demotion: means assignment to an inferior position or status, without the employee's written voluntary consent. See California Education Code 45101
  • department: whenever used in this code , unless the context otherwise requires, means the State Department of Education. See California Education Code 89
  • Department: means the Department of Consumer Affairs. See California Education Code 52950
  • Department: means the Department of General Services. See California Government Code 14837
  • Department: means the Department of Transportation. See California Government Code 14556.41
  • department: refers to the State Department of Health Services. See California Education Code 51760.5
  • Department: means the Department of General Services. See California Government Code 14679.5
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Developer: means any person who enters into an agreement with a redevelopment agency for the purpose of developing specific commercial real property within a redevelopment project area with the intention of acquiring ownership of that property, even if that person does not own that property when the agreement is executed. See California Education Code 37692
  • Devise: To gift property by will.
  • Director: means the Director of the Department of Consumer Affairs. See California Education Code 52950
  • Director: means the Director of General Services. See California Government Code 14837
  • Director: means the Director of General Services. See California Government Code 14679.5
  • director: refer to the Department of General Services and the Director of General Services, respectively, unless the context otherwise requires. See California Government Code 20963
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Government Code 31831.2
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • Directory information: means one or more of the following items: pupil's name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil. See California Education Code 49061
  • Disabled veteran business enterprise: means an enterprise that has been certified as meeting the qualifications established by paragraph (7) of subdivision (b) of Section 999 of the Military and Veterans Code. See California Government Code 14837
  • Disciplinary action: includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. See California Education Code 45101
  • disclose: means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity. See California Civil Code 1798.3
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispute resolution: includes , but is not limited to, mediation, conciliation, and arbitration. See California Education Code 51203
  • Distributor: means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. See California Civil Code 1791
  • Districts: means school districts of every kind or class. See California Education Code 35514
  • Divided district: means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. See California Education Code 35514
  • Division: means the Division of Consumer Services. See California Education Code 52950
  • Division of Licensing: shall be deemed to refer to the board. See California Education Code 68071
  • Drug-free workplace: means a site for the performance of work done in connection with a specific grant or contract described in Article 2 (commencing with Section 8355) of an entity at which employees of the entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in accordance with the requirements of this chapter. See California Government Code 14856
  • Early primary program: means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. See California Education Code 52550
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic transmission to the corporation: means a communication (a) delivered by (1) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the corporation has provided from time to time to shareholders or members and directors for sending communications to the corporation, (2) posting on an electronic message board or network which the corporation has designated for those communications, and which transmission shall be validly delivered upon the posting, or (3) other means of electronic communication, (b) as to which the corporation has placed in effect reasonable measures to verify that the sender is the shareholder or member (in person or by proxy) or director purporting to send the transmission, and (c) that creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form. See California Education Code 17499
  • Elementary school: means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. See California Education Code 49430
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means the employee of a grantee or contractor directly engaged in the performance of work pursuant to the grant or contract described in Article 2 (commencing with Section 8355) . See California Government Code 14856
  • Enforcement action: means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:

    California Education Code 41036

  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Education Code 17531
  • Evidence of debt: means a note or negotiable instrument. See California Education Code 35256.1
  • Evidence-based practices: refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision. See California Education Code 1046
  • Ex officio: Literally, by virtue of one's office.
  • executed: when used with respect to the documents filed pursuant to this code or pursuant to regulations adopted under this code, and presented to the Secretary of State, include a document bearing a signature under subdivision (a). See California Education Code 17495
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Expulsion: means removal of a pupil from (1) the immediate supervision and control, or (2) the general supervision, of school personnel, as those terms are used in Section 46300. See California Education Code 48925
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Feasible: means capable of being accomplished in a successful manner within a reasonable period of time, taking into account life-cycle costing analyses, and environmental, social, and technological factors, however, renewable technologies shall not be exempt based solely on cost considerations. See California Government Code 14710
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • firearm: has the meaning provided in subdivision (a) of Section 16520. See California Government Code 15050
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Fishery products: includes fish, crustaceans, mollusks, and marine products for human consumption. See California Education Code 44832
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Flash fried: means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. See California Education Code 49430
  • flash incarceration: is a period of detention in a city or county jail due to a violation of an offender's conditions of postrelease supervision. See California Government Code 38636
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
  • franchise: means a franchise granted by a public entity and all the rights and privileges thereof, other than the franchise of being a corporation. See California Code of Civil Procedure 708.910
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • general assignment for the benefit of creditors: means an assignment which satisfies all of the following requirements:

    California Government Code 14672.85

  • General public benefit: means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation. See California Education Code 44435
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grain: includes barley, corn, flax, hay, grain sorghums, oats, rice, rye, and wheat. See California Education Code 35106
  • Grantee: means the department, division, or other unit of a person or organization responsible for the performance under the grant. See California Government Code 14856
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • High school: means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. See California Education Code 49430
  • high school grade point average: includes senior year coursework. See California Education Code 69432.7
  • Home appliance: means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • Home electronic product: means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. See California Civil Code 1791
  • home-to-school transportation: includes all of the following:

    California Education Code 41850

  • Impasse notice: means a written notice which states either of the following:

    California Education Code 37692

  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Implied warranty of fitness: means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer. See California Civil Code 1791.1
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • independent service dealer: means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. See California Civil Code 1791
  • individual: means a natural person. See California Civil Code 1798.3
  • injurious object: shall mean those objects specified in the following sections:

    California Education Code 49330

  • instructional aide: means a person employed to assist classroom teachers and other certificated personnel in the performance of their duties and in the supervision of pupils and in instructional tasks which, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. See California Education Code 45343
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Judge: means the administrative law judge presiding over the dismissal or suspension hearing. See California Education Code 44990
  • Judicial office: means the office filled by any judicial officer. See California Education Code 88105
  • Justice reinvestment: is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. See California Education Code 1046
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Education Code 38118
  • Landlord: means any operator, keeper, lessor, or sublessor of any furnished or unfurnished premises for hire, or his or her agent or successor in interest. See California Education Code 39800
  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods' depreciation. See California Civil Code 1791
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 16367.71
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lessee: means an individual who leases consumer goods under a lease. See California Civil Code 1791
  • Lessor: means a person who regularly leases consumer goods under a lease. See California Civil Code 1791
  • license: shall include a permit or a certificate issued by a state agency. See California Education Code 1097
  • Licensee: means the holder of a license issued under Chapter 2 (commencing with Section 1250) or Chapter 8. See California Government Code 54423
  • licensing agency: means a panel of the Division of Medical Quality. See California Education Code 51741
  • Licensing board: means any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate. See California Education Code 17351
  • Licentiate: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Education Code 17331
  • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See California Education Code 42289.6
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • local educational agency: means a school district as defined in Section 41302. See California Education Code 47640
  • Local educational agency: means a county office of education, school district, state special school, or direct-funded charter school as described in Section 47651. See California Education Code 60603
  • Long-term health care facility: means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the following:

    California Government Code 54423

  • magistrate: signifies any one of the officers mentioned in Section 808. See California Education Code 1012
  • maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Education Code 1012
  • Manufacturer: means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. See California Civil Code 1791
  • Matrix sampling: means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. See California Education Code 60603
  • mayor: includes president of the legislative body. See California Government Code 16368
  • Member: includes members of associations without capital stock and holders of common stock in associations organized with shares of stock. See California Education Code 44832
  • Member: as used in this chapter , means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21. See California Education Code 48053
  • Metropolitan area: means the greater metropolitan Sacramento area, including the City of Sacramento, the County of Sacramento, and the eastern part of Yolo County. See California Government Code 14679.5
  • Microbusiness: is a small business which, together with affiliates, has average annual gross receipts of two million five hundred thousand dollars ($2,500,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 25 or fewer employees. See California Government Code 14837
  • Middle school: means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. See California Education Code 49430
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
  • Minimum status vote: means that:

    California Education Code 44435

  • Minor: means any person under 18 years of age. See California Education Code 44990
  • missing person: includes , but is not limited to, any of the following:

    California Government Code 14669.17

  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • month: means a calendar month, unless otherwise expressed. See California Education Code 1012
  • Month: means a calendar month, unless otherwise expressed. See California Education Code 17389
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • municipally owned transit system: means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. See California Education Code 39800
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Negotiation notice: means a written notice by a tenant in privity of estate, and in privity of contract with the owner, stating either of the following:

    California Education Code 37692

  • New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nomination documents: means declaration of candidacy and nomination papers. See California Education Code 88113
  • Oath: includes affirmation. See California Education Code 17324
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation. See California Education Code 19423
  • online dating service: means any person or organization engaged in the business of offering dating, matrimonial, or social referral services online, where the services are offered primarily online, such as by means of an Internet Web site or a mobile application. See California Education Code 35563
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Organization: means a person other than an individual. See California Education Code 42289.6
  • Original district: means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780. See California Education Code 35514
  • Owner: includes any person, acting as principal or through an agent, having the right to offer commercial real property for rent, and includes any predecessor in interest to the owner. See California Education Code 37692
  • Owner: includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent. See California Education Code 38083
  • Owner: means any person other than the landlord who has any right, title, or interest in personal property. See California Education Code 38118
  • Owner: means any person other than the landlord who has any right, title, or interest in property. See California Education Code 39800
  • Ownership or management: means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park. See California Civil Code 799
  • Ownership or management: means the ownership or management of a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Par fried: means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. See California Education Code 49430
  • parent: means the natural, adoptive, or foster parent of a pupil, a surrogate parent, a family member acting on behalf of the parent, or any person having legal authority to make educational decisions on behalf of a pupil. See California Education Code 51131
  • Parent: means a natural parent, an adopted parent, or legal guardian. See California Education Code 49061
  • Participating party: means :

    California Education Code 45029

  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • permanent employee: includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. See California Education Code 45101
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: means an individual, partnership, corporation, limited liability company, association, or other group, however organized. See California Education Code 52950
  • person: as used in this article includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative association. See California Education Code 51796.2
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • person: means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. See California Civil Code 1791
  • Person: means an individual, partnership, corporation, limited liability company, association, government or governmental subdivision, instrumentality or agency, business trust, estate, trust, business or nonprofit entity, or other legal entity. See California Education Code 42289.6
  • person: means any natural person, corporation, partnership, limited liability company, firm, or association. See California Civil Code 1798.3
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • personal information: means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. See California Civil Code 1798.3
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 1012
  • Personal property: All property that is not real property.
  • Place of business: means , for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods. See California Civil Code 1791
  • Plaintiff: includes a cross-complainant. See California Government Code 14880
  • Polling place: means a location where a voter casts a ballot and includes the following terms, as applicable: poll, polling location, and vote center. See California Education Code 88123
  • Population sampling: means administering assessments to a representative sample of pupils instead of the entire pupil population. See California Education Code 60603
  • Portfolio material: means a selection of representative samples of the child's performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child's progress over time. See California Education Code 52550
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Premises: includes any common areas associated therewith. See California Education Code 38118
  • Premises: includes any common areas associated therewith. See California Education Code 39800
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.
  • Prevailing market rent: means the rental rate that would be authorized pursuant to 42 U. See California Education Code 38083
  • Price: includes any charge or fee, however denominated, for the hiring of commercial real property and includes any security or deposit subject to Section 1950. See California Education Code 37692
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Private admonition: as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credential holder that states in ordinary and concise language the act or omission of the applicant or credential holder and further states that repetition of such act or omission may result in denial, suspension, or revocation of the credential. See California Education Code 44438
  • Private bulk storage: means the storage of grain in storage facilities after sale of such grain by a seller. See California Education Code 35106
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probate: Proving a will
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Program: means an entity that provides dispute resolution. See California Education Code 51203
  • program: means the Cal Grant B Service Incentive Grant Program established by this section. See California Education Code 69438
  • project: includes equipment purchase, construction, right-of-way acquisition, and project delivery costs. See California Government Code 14556.41
  • Project: as used in this chapter , means the California Science Project. See California Education Code 52955
  • Project: means the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational facility to be financed or refinanced pursuant to this chapter. See California Education Code 45029
  • project: means any major, localized, undertaking by or under the jurisdiction of the State Department of Water Resources, or by or under the jurisdiction of the State Department of Water Resources and the federal government, jointly, which has a duration, estimated by the Director of the Department of Water Resources, of more than three years. See California Education Code 41930
  • Project area: includes both of the following:

    California Government Code 14706

  • property: includes property real and personal. See California Education Code 17413
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: means anything that may be the subject of ownership. See California Education Code 42289.6
  • psychiatric technician: means any person who, for compensation or personal profit, implements procedures and techniques that involve understanding of cause and effect and that are used in the care, treatment, and rehabilitation of mentally ill or emotionally disturbed persons, or persons with intellectual disabilities, and who has one or more of the following:

    California Education Code 52055.700

  • Public building: means a public building, as defined in Section 15802. See California Government Code 14710
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public entity: means the state, a county, city, district, public authority, public agency, and any other political subdivision in the state. See California Code of Civil Procedure 708.710
  • Public record plant: means the plant, or any part thereof, or any record therein, of any person engaged in the business of searching or publishing public records or insuring or guaranteeing titles to real property, including copies of public records or abstracts and memoranda taken from public records that are owned by or in possession of that person or that are used by that person in his or her business. See California Government Code 12271
  • Pupil: includes a pupil's parent or guardian or legal counsel. See California Education Code 48925
  • Pupil record: means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. See California Education Code 49061
  • Qualifying institution: means an institution that complies with paragraphs (2) and (3) and is any of the following:

    California Education Code 69432.7

  • Reclassification: means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. See California Education Code 45101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Education Code 42289.6
  • record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3
  • records: means all papers, maps, exhibits, magnetic or paper tapes, photographic films and prints, punched cards, and other documents produced, received, owned or used by an agency, regardless of physical form or characteristics. See California Government Code 14741
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Education Code 38118
  • Records: means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. See California Education Code 39800
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redevelopment plan: means the Capitol Area Plan approved by the Director of General Services on March 15, 1977, and referred to in Section 8160, and the plan prepared pursuant to Section 8182. See California Government Code 14706
  • regulatory agency: means the Department of Business Oversight, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions. See California Civil Code 1798.3
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rent: means to hire real property and includes a lease or sublease. See California Education Code 37692
  • Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative of the respondent: means either counsel for, or an exclusive labor representative of, the respondent. See California Education Code 44990
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Resident: means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park. See California Civil Code 799
  • Resident: means a person who maintains a residence in a cooperative or condominium for floating homes. See California Civil Code 800.300
  • Resident-owned mobilehome park: means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which the residents have an ownership interest in the mobilehome park. See California Civil Code 799
  • Residential real property: includes any dwelling or unit that is intended for human habitation. See California Education Code 38083
  • Respondent: means the party against whom a petition has been filed. See California Education Code 44990
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • retail buyer: means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. See California Civil Code 1791
  • retailer: means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers. See California Civil Code 1791
  • revenue bonds: means bonds, notes, lease obligations, certificates of participation, commercial paper, and any other evidences of indebtedness. See California Education Code 45029
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Sale: means either of the following:

    California Civil Code 1791

  • School campus: means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. See California Education Code 49430
  • School district: means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. See California Education Code 49061
  • School district: includes county offices of education. See California Education Code 52550
  • school district with an anticipated increase in enrollment: means a school district in which the level of enrollment is projected by the district to be higher during any of the five years, including the year in which the projection is made, than the year preceding the year in which the projection is made. See California Education Code 45105
  • school meals: includes breakfasts, lunches, or the serving of foods or beverages, or both, during other nutrition periods, or any combination thereof. See California Education Code 49500
  • Schoolday: means a day upon which the schools of the district are in session or weekdays during the summer recess. See California Education Code 48925
  • Schoolday: means the period from the midnight before to 30 minutes after the end of the official schoolday. See California Education Code 49430
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Education Code 1012
  • Secretary: means the Secretary of the Business, Consumer Services, and Housing. See California Education Code 35256.1
  • Security document: means a mortgage contract, deed of trust, real estate sales contract, or any note or negotiable instrument issued in connection therewith, when its purpose is to finance the purchase or construction of real property occupied or intended to be occupied by the borrower, containing four or fewer residential units or on which four or fewer residential units are to be constructed. See California Education Code 35256.1
  • Sell: includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. See California Education Code 19966
  • Seller: means a producer of grain who continues to store grain after sale thereof by him in storage facilities owned, operated, or controlled by him. See California Education Code 35106
  • Service contract: means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in Section 116 of the Insurance Code. See California Civil Code 1791
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sheriff: includes marshal. See California Education Code 17389
  • Signature: includes mark when the signer cannot write, such signer's name being written near the mark by a witness who writes his own name near the signer's name. See California Education Code 17494
  • Small business: means an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees. See California Government Code 14837
  • Snack: means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. See California Education Code 49430
  • Sold: means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. See California Education Code 49430
  • special education transportation: means either of the following:

    California Education Code 41850

  • Specific public benefit: includes all of the following:

    California Education Code 44435

  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • spouse: includes a registered domestic partner, as required by Section 297. See California Education Code 17413
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17389
  • spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1012
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17489
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 19407
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 77
  • State: means the State of California. See California Code of Civil Procedure 708.710
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Education Code 1097
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • State agency: means a state office, officer, department, division, bureau, board, commission or agency claims against which are paid by warrants drawn by the Controller. See California Code of Civil Procedure 708.710
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Statutes at large: A chronological listing of the laws enacted each Congress. They are published in volumes numbered by Congress.
  • Storage facilities: means any bin, building, elevator, protected enclosure, or other structure owned, operated, or controlled by the seller of the grain stored therein. See California Education Code 35106
  • Subdivision: means a subdivision of the section in which the term appears unless some other section is expressly mentioned. See California Education Code 17486
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Summative assessment: means an assessment designed to be given near the end of the school year to evaluate a pupil's knowledge and skills relative to a specific set of academic standards. See California Education Code 60603
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
  • Support person: means an adult attendant, victim advocate, or other witness who is able, because of education, experience, or familiarity with the minor, to ensure that the minor's mental health, welfare, and well-being are protected. See California Education Code 44990
  • Suspension: means removal of a pupil from ongoing instruction for adjustment purposes. See California Education Code 48925
  • system of records: means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual. See California Civil Code 1798.3
  • taker-up: means any person that takes up an estray animal pursuant to Section 17041. See California Government Code 54409
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy: includes the lawful occupation of property and includes a lease or sublease. See California Education Code 38083
  • Tenant: includes a lessee, subtenant, and sublessee. See California Education Code 37692
  • Tenant: includes any paying guest, lessee, or sublessee of any premises for hire. See California Education Code 38118
  • Tenant: includes any lessee or sublessee of any commercial real property and its premises for hire. See California Education Code 39800
  • Term: means the period of time for which real property is rented or offered for rent, and includes any provision for a termination or extension of such a period or renewal thereof, except that nothing in this chapter supersedes the specific provisions of this code or of the Code of Civil Procedure which of themselves establish, prescribe, limit, or define the term for which real property may be rented. See California Education Code 37692
  • Testate: To die leaving a will.
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Testify: Answer questions in court.
  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance to which all of the following apply:

    California Education Code 44435

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or other encumbrance. See California Education Code 42289.6
  • Transfer: means "transfer" as defined in Section 3439. See California Education Code 42637
  • Transferee: means the person to whom property was transferred or an obligation was incurred, or the successors or assigns of the person. See California Education Code 42637
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Trier of fact: includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence. See California Education Code 17579
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • unidentified person: means a person, living or deceased, whose identity the local investigative agency is unable to determine. See California Government Code 14669.17
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • vessel: means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. See California Education Code 1012
  • Veteran: as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. See California Education Code 45294
  • Victim: means a person against whom a crime has been committed. See California Government Code 14907
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Education Code 88185
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012
  • Witness: means any person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not any action or proceeding has yet been commenced. See California Government Code 14907
  • Working capital: means funds to be used by, or on behalf of, a participating party to pay maintenance or operating expenses, or any other costs that would be treated as an expense item under generally accepted accounting principles in connection with the ownership or operation of an educational facility, including, but not limited to, all of the following:

    California Education Code 45029

  • Writ: means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. See California Education Code 17389