Article 1 General Provisions
Article 2 Program Provisions
Article 3 Program Evaluation and Analysis
Article 4 California Assessment of Student Performance and Progress

Terms Used In California Codes > Education Code > Title 2 > Division 4 > Part 33 > Chapter 5

  • Achievement level descriptors: means a narrative description of the knowledge, skills, and processes expected of pupils at different grade levels and at different performance levels on achievement tests. See California Education Code 60603
  • 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
  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • ballot: means any of the following:

    California Education Code 88078

  • bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Education Code 56836.31
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • 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
  • City: includes city and county. See California Education Code 17322
  • clear legible type: means type which meets all the following qualifications:

    California Education Code 60648.5

  • clinical laboratory scientist: means any person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Education Code 56836.39
  • Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Education Code 59030
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Education Code 59030
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes city and county. See California Education Code 17321
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dental college approved by the board: means a dental school or college that is approved by the Commission on Dental Accreditation of the American Dental Association, that is accredited by a body that has a reciprocal accreditation agreement with that commission, or that has been approved by the Dental Board of California through its own approval process. See California Education Code 66900
  • department: means the State Department of Public Health. See California Education Code 56836.25
  • Discipline: means an advanced dental educational program in an area of dental practice not approved as a specialty by the American Dental Association. See California Education Code 66900
  • Donor: The person who makes a gift.
  • Election: means any election including a primary that is provided for under this code. See California Education Code 88097
  • Elections official: means any of the following:

    California Education Code 88100

  • Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Education Code 88101
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Field test: means an assessment or assessment items administered to a representative sample of a population to ensure that the test or item produces results that are valid, reliable, and fair. See California Education Code 60603
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Formative assessment tools: means assessment tools and processes that are embedded in instruction and used by teachers and pupils to provide timely feedback for purposes of adjusting instruction to improve learning. See California Education Code 60603
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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.
  • health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Education Code 59002.5
  • Identifiable writing: means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. See California Education Code 59041
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Education Code 59030
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • laboratory director: means any person who is any of the following:

    California Education Code 56842

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • 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
  • Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 59030
  • Oath: includes affirmation. See California Education Code 17324
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Education Code 88122
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Education Code 56836.24
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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.
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Education Code 59002
  • Signature: includes either of the following:

    California Education Code 88166

  • Specialty: means an area of dental practice approved by the American Dental Association and recognized by the board. See California Education Code 66900
  • Statute: A law passed by a legislature.
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • UC campus foundation: means the following corporations organized under the laws of the State of California: University of California, Berkeley Foundation, UC Davis Foundation, the University of California, Irvine Foundation, the UCLA Foundation, University of California, Merced Foundation, UC Riverside Foundation, U. See California Education Code 59041
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.