Chapter 1 General Provisions
Chapter 2 Fiscal Treasury
Chapter 3 Special Colleges
Chapter 4 Child Development Centers
Chapter 5 The University of California Revenue Bond Act of 1947
Chapter 6 Miscellaneous Provisions
Chapter 7 The Center for Cooperatives
Chapter 9 Community-Based Health Professions Education Partnership Program
Chapter 10 Substance Abuse Research
Chapter 10.5 University of California-Mexico Research Programs
Chapter 11 Governor’s Teacher Scholars Program
Chapter 12 Governor’s Principal Leadership Institute
Chapter 13 California Institutes for Science and Innovation
Chapter 14 The Richard McKee Transparency Act of 2011
Chapter 14.5 Innovation and Entrepreneurship Expansion
Chapter 15 The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014

Terms Used In California Codes > Education Code > Title 3 > Division 9 > Part 57

  • 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
  • Action: includes a civil action and a criminal action. See California Education Code 17524
  • Administrative fund: means the funds used to administer this article. See California Education Code 69980
  • Administrator: means the senior executive appointed to operate a home. See California Government Code 13995.102
  • 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 body: means the advisory body for each individual agriculture program. See California Education Code 69767
  • 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.
  • Age: refers to the chronological age of any individual who has reached a 40th birthday. See California Government Code 19878.5
  • Agency: means the Labor and Workforce Development Agency. See California Education Code 32290
  • Agriculture programs: means the programs specified in Section 221, Chapter 5 (commencing with Section 5301) of Division 4, Sections 6037, 6038, and 9641. See California Education Code 69767
  • 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.
  • Angling: means the taking of, or attempting to take, fish by hook and line with the line held in the hand, or by hook and line with the line attached to a pole or rod which is closely attended or held in the hand in such a manner that the fish voluntarily takes the bait or lure in its mouth. See California Government Code 51915
  • 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.
  • Appraisal: A determination of property value.
  • Aquaculture: means that form of agriculture devoted to the propagation, cultivation, maintenance, and harvesting of aquatic plants and animals in marine, brackish, and fresh water. See California Government Code 51917
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessment level: means the estimated gross dollar amount received by assessment from all assessed businesses on an annual basis, and "assessment formula" means the allocation method used within each industry segment (for example, percentage of gross revenue or percentage of transaction charges). See California Government Code 13995.60
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: includes any lodge, order, beneficial association, fraternal or beneficial society or association, historical, military, or veterans organization, labor union, foundation, or federation, or any other society, organization, or association, or degree, branch, subordinate lodge, or auxiliary thereof. See California Government Code 16726
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • 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.
  • bait net: means a lampara or round haul type net, the mesh of which is constructed of twine not exceeding Standard No. See California Government Code 13995.63
  • 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.
  • 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
  • Benefits: means the payment of higher education expenses on behalf of a beneficiary by the Scholarshare trust during the beneficiary's attendance at an institution of higher education. See California Education Code 69980
  • 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
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the California Victim Compensation Board. See California Government Code 13951
  • Board: means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. See California Education Code 69980
  • Board: means the state board, department, or agency authorized by that act to request the committee to cause bonds to be issued for the purpose of creating a fund that is to be expended by the board for the purposes specified in that act. See California Government Code 16722
  • Board: means the Osteopathic Medical Board of California. See California Education Code 69516
  • Board: means the governing board of the San Joaquin River Conservancy. See California Government Code 31516
  • Board: as used in this article , means the Board of Administration of the Public Employees' Retirement System. See California Government Code 31882
  • Bond: means a state general obligation bond issued pursuant to an act adopting the provisions of this chapter. See California Government Code 16722
  • Bond act: means the act authorizing the issuance of state general obligation bonds and adopting this chapter by reference. See California Government Code 16722
  • Burden of producing evidence: means the obligation of a party to introduce evidence sufficient to avoid a ruling against him on the issue. See California Education Code 17525
  • Burden of proof: means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court. See California Education Code 17526
  • Buy: includes an offer to buy, purchase, barter, exchange, or trade. See California Government Code 51921
  • Bycatch: includes discards. See California Government Code 52004
  • Cardcheck agreement: means a written agreement between an employer and a labor organization providing a procedure for determining employee preference on the subject of whether to be represented by a labor organization for collective bargaining, and if so, by which labor organization to be represented, that provides, at a minimum, the following:

    California Education Code 92625.1

  • 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
  • Change in ownership: means any change in the persons who are owners. See California Education Code 59001
  • City: includes city and county. See California Education Code 17322
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 19429
  • Civil action: includes civil proceedings. See California Education Code 17527
  • clear legible type: means type which meets all the following qualifications:

    California Education Code 60648.5

  • Clerk: means the county elections official, registrar of voters, city clerk, or other officer or board charged with the duty of conducting any election. See California Education Code 88087
  • 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
  • Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Government Code 51923
  • Collective bargaining agreement: means an agreement between an employer and a labor organization regarding wages, hours, and other terms and conditions of employment of the employer's employees. See California Education Code 92625.1
  • 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
  • commission: means the California Transportation Commission. See California Government Code 14002.5
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means any county agricultural commissioner. See California Education Code 19957.5
  • Committee: means the finance committee or other body created by that act and authorized to cause bonds to be issued by the adoption of a resolution or resolutions. See California Government Code 16722
  • Committee: means a diversion evaluation committee created by this article. See California Education Code 69516
  • committee: means a committee of either the Senate or Assembly, a joint committee of both houses, or, when any of the foregoing committees is authorized to create subcommittees, a subcommittee. See California Government Code 31873.1
  • 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.
  • Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Education Code 17528
  • Conservancy: means the San Joaquin River Conservancy. See California Government Code 31516
  • 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
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • Council: means the Fair Employment and Housing Council and "council member" means a member of the council. See California Government Code 19878
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County: includes "city and county. See California Education Code 32284
  • County: includes city and county. See California Education Code 32381
  • 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 1915
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 19958
  • County: includes city and county. See California Education Code 19428
  • 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
  • creed: include all aspects of religious belief, observance, and practice, including religious dress and grooming practices. See California Government Code 19878.5
  • Crime: includes an act of terrorism, as defined in Section 2331 of Title 18 of the United States Code, committed against a resident of the state, whether or not the act occurs within the state. See California Government Code 13951
  • Day: means calendar day, and "week" means calendar week. See California Government Code 51927
  • Decedent: A deceased person.
  • Declarant: is a person who makes a statement. See California Education Code 17530
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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: 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 Veterans Affairs. See California Government Code 13995.102
  • department: means the State Department of Public Health. See California Education Code 56836.25
  • department: refer to the Director and Department of Finance, respectively, unless the context otherwise requires. See California Government Code 13001
  • Department: means the Department of Transportation. See California Government Code 14002.5
  • department: means the Department of Transportation. See California Government Code 16724
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means the Department of Veterans Affairs. See California Government Code 13332.14
  • Department: means the Department of Fair Employment and Housing. See California Government Code 19878
  • 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.
  • Derivative victim: means an individual who sustains pecuniary loss as a result of injury or death to a victim. See California Government Code 13951
  • Devise: To gift property by will.
  • direct evidence: means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. See California Education Code 92601
  • Director: means the Director of Transportation. See California Government Code 14002.5
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Disability: means a medical condition, mental disability, or physical disability, as those terms are defined in subdivisions (i), (j), and (l) of Section 12926 of the Government Code. See California Education Code 88166
  • 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
  • Discrimination: includes refusal to sell, rent, or lease housing accommodations. See California Government Code 19880.1
  • District: means fish and game district. See California Government Code 51929.5
  • Diversion program: means a treatment program created by this article for osteopathic physicians and surgeons whose competency may be threatened or diminished due to abuse of drugs or alcohol. See California Education Code 69516
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Election board: means the board of supervisors of each county, the city council or other governing body of a city, or any board or officer to whom similar powers and duties are given by any charter. See California Education Code 88098
  • 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
  • Electrolysis: as used in this chapter includes electrolysis or thermolysis. See California Education Code 92510
  • 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
  • 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
  • Employer: includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:

    California Government Code 19878.5

  • Employment agency: includes any person undertaking for compensation to procure employees or opportunities to work. See California Government Code 19878.5
  • 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
  • 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 director: means the administrator of the Scholarshare trust appointed by the board to administer and manage the Scholarshare trust. See California Education Code 69980
  • Executor: A male person named in a will to carry out the decedent
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Education Code 17580
  • Facility: means any campus, school, cafeteria, store, hospital, clinic, institute, laboratory, or office owned or operated by the university, or at which the normal educational or administrative functions of the university are conducted. See California Education Code 92625.1
  • 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: includes , but is not limited to, any application fee, license fee, permit fee, inspection fee, certification fee, registration fee, identification fee, analysis fee, or certificate fee. See California Education Code 69813
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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
  • Financial services: as used in this chapter means financial services or products that are considered to be financial in nature as described in Section 1843(k) of Title 12 of the United States Code. See California Education Code 60204
  • fiscal agent: means any state fiscal agent selected and acting pursuant to Chapter 2 (commencing with Section 16670). See California Government Code 16650
  • 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: means both of the following:

    California Government Code 52008

  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Health and Safety Code 4730.9
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • 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
  • Fund: means the fund created by that act, and into which the proceeds from the sale of the bonds are paid. See California Government Code 16722
  • 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
  • Gender: means sex, and includes a person's gender identity and gender expression. See California Government Code 19878.5
  • Gender expression: means a person's gender-related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth. See California Government Code 19878.5
  • General election: means either of the following:

    California Education Code 88104

  • Genetic information: includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. See California Government Code 19878.5
  • Governing body: means the board of supervisors in the case of a county, or the city council or board of trustees or other governing board in the case of a city, district, or other local governmental agency. See California Government Code 13995.83
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Greenhouse: means a structure covered with transparent or translucent materials for the purpose of admitting natural light and controlling the atmosphere for growing plants, including floricultural, ornamental, or other nursery and agricultural products. See California Education Code 19960
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • 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
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Education Code 17532
  • 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.
  • Home: means any facility operated by the department for the provision of long-term care, assisted living, adult day health, independent living, or other health care services to eligible veterans. See California Government Code 13995.102
  • 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
  • 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.
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Education Code 59030
  • 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
  • individual: includes every natural person, domestic or foreign private corporation, nonprofit corporation, unincorporated association, company, partnership of whatever kind, syndicate, joint stock company, trustee, protective committee, depositors' league, and other similar organization however described. See California Government Code 31876
  • Insignia: includes badge, motto, button, decoration, charm, emblem, or rosette. See California Government Code 16726
  • Inter vivos: Transfer of property from one living person to another living person.
  • 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
  • Intestate: Dying without leaving a will.
  • Investment management: means the functions performed by a manager contracted to perform functions delegated by the board. See California Education Code 69980
  • Investment manager: means a manager contracted to perform functions delegated by the board. See California Education Code 69980
  • 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.
  • Juror: A person who is on the jury.
  • Jury instructions: A judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Source: U.S. Courts
  • Kelp: means kelp or other marine aquatic plants and the seeds thereof. See California Government Code 51933
  • Labor organization: means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions or work. See California Education Code 92625.1
  • Labor organization: includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection. See California Government Code 19878.5
  • laboratory director: means any person who is any of the following:

    California Education Code 56842

  • Law: includes constitutional, statutory, and decisional law. See California Education Code 17534
  • Law enforcement: means every district attorney, municipal police department, sheriff's department, district attorney's office, county probation department, and social services agency, the Department of Justice, the Department of Corrections, the Department of the Youth Authority, the Department of the California Highway Patrol, the police department of any campus of the University of California, California State University, or community college, and every agency of the State of California expressly authorized by statute to investigate or prosecute law violators. See California Government Code 13951
  • 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
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Lender: as used in this chapter means a bank, savings and loan association, savings bank, credit union, industrial bank, or other lender licensed to make loans in California or a subsidiary or an affiliate of one of those entities. See California Education Code 60204
  • Lender: means any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state. See California Education Code 60222
  • license: includes certificate or permit. See California Education Code 92032
  • license: includes certificate or permit. See California Education Code 92032
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Manufacturer: means (i) . See California Education Code 60222
  • 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
  • Measure: means any constitutional amendment or other proposition submitted to a popular vote at any election. See California Education Code 88108
  • 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
  • Medical condition: means either of the following:

    California Government Code 19878.5

  • Member: means a veteran or nonveteran spouse or domestic partner who has been admitted to residency at a veterans' home. See California Government Code 13995.102
  • Mental disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • 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
  • Military or overseas voter: means an elector absent from the county in which he or she is otherwise eligible to vote who is any of the following:

    California Education Code 88076

  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • 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 17389
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • 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
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • New citizen: means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election. See California Education Code 88110
  • New resident: means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election. See California Education Code 88111
  • 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
  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Education Code 88114
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Oath: includes affirmation. See California Education Code 88115
  • Oath: includes an affirmation or declaration. See California Education Code 17389
  • Oath: includes affirmation or declaration under penalty of perjury. See California Education Code 17535
  • Oath: includes affirmation. See California Education Code 19423
  • Open season: means that period of time during which the taking of birds, mammals, fish, reptiles, or amphibians is allowed as prescribed in this code and regulations adopted by the commission. See California Government Code 51939.2
  • 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
  • oral and maxillofacial pathologist: means any person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to his or her area of specialization or to direct a clinical laboratory, or portion thereof, limited to his or her area of specialization. See California Education Code 56840
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Original: means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. See California Education Code 17582
  • Out-of-state emergency worker: means a voter who is officially engaged in responding to the proclamation of an out-of-state emergency and whose vocation has been identified in an executive order relating to the state of emergency. See California Education Code 88120
  • Overfishing: means a rate or level of taking that the best available scientific information, and other relevant information that the commission or department possesses or receives, indicates is not sustainable or that jeopardizes the capacity of a marine fishery to produce the maximum sustainable yield on a continuing basis. See California Government Code 52030
  • Oversight: Committee review of the activities of a Federal agency or program.
  • owner: means any person with an ownership or control interest in a clinical laboratory. See California Education Code 59001
  • Parkway: means the San Joaquin River Parkway, as described in Section 32510. See California Government Code 31516
  • Participant: means an individual, trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4 of the Probate Code) or similar provisions adopted by another state, a state or local government agency, or a legal representative of a participant who has entered into a participation agreement pursuant to this article. See California Education Code 69980
  • Participant: means a California-licensed osteopathic physician and surgeon. See California Education Code 69516
  • Participation agreement: means an agreement between a participant and the Scholarshare trust, pursuant to this article. See California Education Code 69980
  • Pecuniary loss: means an economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. See California Government Code 13951
  • Peer counseling: means counseling offered by a provider of mental health counseling services who has completed a specialized course in rape crisis counseling skills development, participates in continuing education in rape crisis counseling skills development, and provides rape crisis counseling within the State of California. See California Government Code 13951
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 32289
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Education Code 56836.24
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • Person: includes a corporation as well as a natural person. See California Education Code 17496
  • Person: means any individual, firm, corporation, partnership, limited liability company, association, trustee, receiver or assignee for the benefit of creditors. See California Education Code 60222
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Education Code 17566
  • Person: includes one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, and receivers or other fiduciaries. See California Government Code 19878
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See California Education Code 17389
  • Personal property: All property that is not real property.
  • Petition: includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form. See California Government Code 31727.7
  • Petitioner: includes a petitioner, plaintiff, cross-complainant, or intervenor who files an action of any kind pursuant to Section 65751. See California Government Code 31727.7
  • Physical disability: includes , but is not limited to, all of the following:

    California Government Code 19878.5

  • 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.
  • podiatric medicine: means the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. See California Education Code 69624
  • Political subdivision: means any city, county, district, or other local governmental agency. See California Government Code 13995.83
  • 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
  • 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
  • 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
  • precinct board: means the board appointed by the elections official to serve at a vote center. See California Education Code 88125
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • 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.
  • Primary election: includes all primary nominating elections provided for by this code. See California Education Code 88127
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
  • Process: includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. See California Education Code 19431
  • Program fund: means the program fund established by this article, which shall be held as a separate fund within the Scholarshare trust. See California Education Code 69980
  • Program manager: means the staff manager of the diversion program, as designated by the executive officer of the board. See California Education Code 69516
  • Property: includes both personal and real property. See California Education Code 17389
  • Property: includes both real and personal property. See California Education Code 17569
  • Proprietary interest: means any nonregulatory arrangement or circumstances in which the financial or other nonregulatory interests of the university in a service contract could be adversely affected by labor-management conflict or consumer boycotts potentially resulting from a union organizing campaign. See California Education Code 92625.1
  • Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Education Code 17572
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • purchase: include exchange, barter, gift, and offer of contract to sell or buy. See California Education Code 60222
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Qualified higher education expenses: means the expenses of attendance at an institution of higher education as provided in paragraph (3) of subsection (e) of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article, and as determined and certified by the institution of higher education in the same manner as prescribed in Title IV of the Higher Education Act of 1965 (20 U. See California Education Code 69980
  • 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.
  • Real property: includes lands, tenements, and hereditaments. See California Education Code 17573
  • Recess: A temporary interruption of the legislative business.
  • 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
  • Regents of the University of California: means any of the following:

    California Education Code 92020

  • Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Education Code 88136
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Remote accessible vote by mail system: means a mechanical, electromechanical, or electronic system and its software that is used for the sole purpose of marking an electronic vote by mail ballot for a voter with disabilities or a military or overseas voter who shall print the paper cast vote record to be submitted to the elections official. See California Education Code 88081
  • 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 any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means any person who is engaged or who intends to engage in the business of selling motor vehicles at retail in this state. See California Education Code 60222
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Health and Safety Code 4730.9
  • Scholarshare trust: means the trust created pursuant to this article. See California Education Code 69980
  • 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
  • School measure: means any proposition, including but not limited to, a proposal for the issuance of bonds by a school district or community college district, an increase in the maximum tax rate of a school district or community college district, or the acceptance, expenditure, and repayment of state funds by a school district or community college district to enable the district to construct buildings and other facilities, submitted to the voters of the district at any election held in the district. See California Education Code 88139
  • season: means "open season. See California Government Code 51939.2
  • Secretary: means the Secretary of Veterans Affairs. See California Government Code 13995.102
  • Secretary: means the Secretary of Transportation. See California Government Code 14002.5
  • Secretary: means the Secretary of Food and Agriculture. See California Education Code 19961
  • security: includes all of the things enumerated in Section 25019 and also includes shares, stock, and investment certificates as defined in the Savings Association Law. See California Government Code 31875
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • Service contract: means a lease, management agreement, service agreement, loan bond, guarantee, or other similar agreement to which the university is a party and in which the university has a proprietary interest. See California Education Code 92625.1
  • Service contractor: means an individual, corporation, unincorporated association, partnership, or other entity, other than a collection agency retained by the university to enforce a financial obligation owed to the university, that, pursuant to a service contract, provides goods or services to the university. See California Education Code 92625.1
  • Sex: includes , but is not limited to, the following:

    California Government Code 19878.5

  • Sexual orientation: means heterosexuality, homosexuality, and bisexuality. See California Government Code 19878.5
  • Sheriff: includes marshal. See California Education Code 17389
  • Signature: includes either of the following:

    California Education Code 88166

  • 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
  • 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
  • Specialty: means an area of dental practice approved by the American Dental Association and recognized by the board. See California Education Code 66900
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17317
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 1001
  • 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 17489
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 17575
  • 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 77
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 17576
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
  • state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
  • Statement: means (a) oral or written verbal expression or (b) nonverbal conduct of a person intended by him as a substitute for oral or written verbal expression. See California Education Code 17577
  • Statewide election: is a n election held throughout the state. See California Education Code 88180
  • Statute: includes a treaty and a constitutional provision. See California Education Code 17578
  • 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
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 19970
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
  • 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.
  • Take: means hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill. See California Government Code 51951
  • tax rate: as used in this chapter means tax rate per one hundred dollars ($100) of assessed valuation on all property to be taxed to fund a bond issue described in Section 9400. See California Education Code 92485
  • 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.
  • Tender: means a term of a bond that gives the holder the right to have the bond purchased from the holder at a predetermined price prior to maturity. See California Government Code 16722
  • Testify: includes any mode of oral statement made under oath or affirmation. See California Education Code 17389
  • Testify: Answer questions in court.
  • trainee: means any person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, or other equivalent licensee in the science or specialty or subspecialty for which he or she is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Education Code 56836.40
  • Transport: includes offer or receive for transportation. See California Government Code 51952
  • 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
  • Trust fund: means the Agriculture Trust Fund created pursuant to Section 232. See California Education Code 69767
  • 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
  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Health and Safety Code 4730.9
  • University: as used in this article , means the University of California. See California Education Code 69511.5
  • University: means the University of California and its governing body, the Regents of the University of California. See California Education Code 92625.1
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means a person who is eligible for benefits under this chapter. See California Government Code 13995.102
  • veterans service organization: means any association or organization which is composed solely of persons who served honorably in time of war or in time of peace in a campaign or expedition for service in which a medal has been authorized by the government of the United States, as members of the Armed Forces of the United States, or who as citizens of the United States served honorably in time of war as members of the armed forces of any nation whose government was allied with the United States during that war, and which is organized for patriotic, fraternal, and benevolent objects. See California Government Code 13995.83
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Victim: means an individual who sustains injury or death as a direct result of a crime as specified in subdivision (e) of Section 13955. See California Government Code 13951
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Victim center: means a victim and witness assistance center that receives funds pursuant to Section 13835. See California Government Code 13951
  • Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
  • 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."
  • Vote by mail voter: means any voter casting a ballot in any way other than at the polling place. See California Education Code 88076
  • Vote center: means a location established for holding elections that offers the services described in Sections 2170, 4005, and 4007. See California Education Code 88181
  • Voter: means any elector who is registered under this code. See California Education Code 88183
  • Voter list: means the list of registered voters in a single or consolidated precinct or in an entire county. See California Education Code 88184
  • 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
  • Voting system: means a mechanical, electromechanical, or electronic system and its software, or any combination of these used for casting a ballot, tabulating votes, or both. See California Education Code 88191
  • war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Education Code 1000
  • Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 59030
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Writing: means 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 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 17581