Article 1 Definitions
Article 2 Comprehensive Mission Statement
Article 2.5 State Goals For California’s Postsecondary Education System
Article 2.6 Awards for Innovation in Higher Education Program
Article 2.7 Chancellor’s Higher Education Innovation Awards Program
Article 3 General Provisions
Article 3.7 Working Families Student Fee Transparency and Accountability Act
Article 4 Educational Equity for Students
Article 4.5 Doctoral Programs in Education
Article 4.6 Doctoral Programs in Audiology
Article 4.7 Doctoral Programs in Physical Therapy
Article 5 Quality Undergraduate Education
Article 5.5 Nursing Programs
Article 5.7 Year-Round Academic Programs
Article 6 Campus Child Care and Development Programs
Article 7 Higher Education Assessment Act of 1990
Article 8 English Proficiency in Higher Education
Article 9 Standards and Guidelines for a Curriculum in Gerontology and Geriatrics in Higher Education
Article 10 University Energy Efficiency Partnership
Article 11 Access to Higher Education for Every Student

Terms Used In California Codes > Education Code > Title 3 > Division 5 > Part 40 > Chapter 2

  • Additional place of practice: as used in this article , means any place of practice that increases the number of places of practice of the applicant, and includes an additional office that the applicant proposes to originally establish, either individually or in association with another, as well as an established place of practice that the applicant acquires or proposes to acquire, in whole or in part, by purchase, repossession, reassignment, gift, devise, bequest, or operation of law, except as otherwise provided in this article. See California Education Code 66011
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • 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.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • ballot: means any of the following:

    California Education Code 88078

  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bequest: Property gifted by will.
  • Board: means the Dental Board of California. See California Education Code 66021
  • Board: means the Dental Board of California. See California Education Code 66042.1
  • candidate: includes any officeholder who is subject to a recall election. See California Education Code 88085
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • City: includes city and county. See California Education Code 17322
  • 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
  • commission: means the Student Aid Commission created by this article. See California Education Code 69515
  • Committee: means a diversion evaluation committee created by this article. See California Education Code 66021
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • County: includes city and county. See California Education Code 17321
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Currency: means any coined money, banknotes, or other paper money as are authorized by law which circulates from hand to hand as the medium of exchange. See California Education Code 66018
  • Customer: means a natural person who deals with a depositary. See California Civil Code 1858
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • department: means the State Department of Public Health. See California Education Code 56836.25
  • Department: means the Department of Consumer Affairs. See California Education Code 66025.91
  • Dependent: A person dependent for support upon another.
  • Depositary: means a person who in the ordinary course of business regularly receives property from customers for the purpose of repair or alteration. See California Civil Code 1858
  • Devise: To gift property by will.
  • Direct supervision: means supervision of dental procedures based on instructions given by a licensed dentist, who must be physically present in the treatment facility during the performance of those procedures. See California Education Code 66042.1
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Executrix: The female counterpart of an executor. See also
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • General election: means either of the following:

    California Education Code 88104

  • General supervision: means supervision of dental procedures based on instructions given by a licensed dentist but not requiring the physical presence of the supervising dentist during the performance of those procedures. See California Education Code 66042.1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing boards: means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. See California Education Code 66011
  • Green Party: means the Green Party of California. See California Education Code 66013
  • 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.
  • hosting platform: means a marketplace that is created for the primary purpose of facilitating the rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. See California Education Code 66025
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Education Code 59030
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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: A claim against real or personal property in satisfaction of a debt.
  • Lineal descendant: Direct descendant of the same ancestors.
  • 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
  • minimal sedation: means a drug-induced state during which patients respond normally to verbal commands. See California Education Code 66010
  • Money exchange house: means any individual or business engaged in the business of exchanging or dealing in the currency of the United States, Mexico, or any other country. See California Education Code 66018
  • month: means a calendar month, unless otherwise expressed. See California Education Code 17413
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • Nominate: means the selection, at a state-conducted primary election, of candidates who are entitled by law to participate in the general election for that office, but does not mean any other lawful mechanism that a political party may adopt for the purposes of choosing the candidate who is preferred by the party for a nonpartisan or voter-nominated office. See California Education Code 88112
  • Oath: includes affirmation. See California Education Code 88115
  • Oath: A promise to tell the truth.
  • 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.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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: include money, goods, chattels, things in action, and evidences of debt. See California Education Code 17413
  • Personal property: All property that is not real property.
  • Phototherapy device: means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. See California Education Code 66025.91
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Precinct: means a geographical area within a county that is made up of voters and is formed pursuant to Chapter 3 (commencing with Section 12200) of Division 12. See California Education Code 88124
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Education Code 66021
  • property: includes property real and personal. See California Education Code 17413
  • Property: means personal property used for or intended for personal, family, or household purposes, but does not include any motor vehicle within the meaning of Section 415 of the Vehicle Code. See California Civil Code 1858
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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.
  • 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).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: includes either of the following:

    California Education Code 88166

  • social media: means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. See California Education Code 51251
  • Special election: is a n election, the specific time for the holding of which is not prescribed by law. See California Education Code 88167.5
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17325
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tanning device: means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails. See California Education Code 66025.91
  • Tanning facility: means any location, place, area, structure, or business that provides persons access to any tanning device. See California Education Code 66025.91
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Ultraviolet tanning device: means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. See California Education Code 66025.91
  • Verdict: The decision of a petit jury or a judge.
  • 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.