CHAPTER 1. General Provisions [1. - 97.]

Chapter 1 enacted by Stats. 1976, Ch. 1010.

§§ 1–97 · 51 sections

1. ARTICLE 1. Construction of Provisions §§ 1–11 · 11 sections

   • § 1 This code shall be known as the Education Code.
   • § 2 The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally…
   • § 3 The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be…
   • § 4 Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or…
   • § 5 Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
   • § 6 If any provision of this code, or the application thereof to any person or circumstances is held invalid, the remainder of the code, and the application of…
   • § 7 Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer…
   • § 8 Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is…
   • § 9 The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday,…
   • § 10 Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this…
   • § 11 (a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for…
2. ARTICLE 2. Continuation of Rights and Duties §§ 20–23 · 4 sections

   • § 20 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code…
   • § 21 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter…
   • § 22 No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights…
   • § 23 All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled…
3. ARTICLE 3. Language of Instruction §§ 30–30.5 · 2 sections

   • § 30 (a) English shall be the basic language of instruction in all schools. (b) The governing board of a school district, or community college district, and any…
   • § 30.5 (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a…
4. ARTICLE 5. General Provisions, Public Schools §§ 50–54 · 4 sections

   • § 50 The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools.
   • § 52 The secondary schools of the state are designated as high schools, technical schools, and adult schools.
   • § 53 The high schools of the state are designated as four-year high schools, junior high schools, senior high schools, continuation high schools, and evening high…
   • § 54 Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any…
5. ARTICLE 6. Administration and Certification of Oaths § 60 · 1 section

   • § 60 The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction,…
6. ARTICLE 7. Definitions §§ 70–97 · 29 sections

   • § 70 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required…
   • § 71 “Section” means a section of this code unless some other statute is specifically mentioned.
   • § 72 The present tense includes the past and future tenses, and the future, the present.
   • § 73 The masculine gender includes the feminine.
   • § 73.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
   • § 74 The singular number includes the plural, and the plural, the singular.
   • § 75 “Shall” is mandatory and “may” is permissive.
   • § 76 “Oath” includes affirmation.
   • § 77 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and…
   • § 78 “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education.
   • § 79 “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county.
   • § 80 “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district.
   • § 81 “Union school district” means a district composed of two or more school districts situated in the same county.
   • § 82 “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties.
   • § 83 A unified school district means a district maintaining grades kindergarten or 1 through 12. A unified district may comprise territory in more than one county.
   • § 84 “City school district” includes a school district lying wholly or partly within a city and county.
   • § 85 Whenever “high school district” is used in this code, unless a contrary intent appears, it includes union high school districts, joint union high school…
   • § 86 A high school district, other than a city high school district, comprising two or more elementary school districts lying wholly in the same county is a union…
   • § 87 A school district lying in more than one county is a joint school district.
   • § 88 “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise.
   • § 89 The word “department” whenever used in this code, unless the context otherwise requires, means the State Department of Education.
   • § 90 With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning.
   • § 91 “World language” means any language other than English, including American Sign Language, and is synonymous with “foreign language.”
   • § 92 “County” or “counties” as used in Sections 2300, 12300 to 12307, inclusive, 41000 to 41964, inclusive, 42100 to 42128, inclusive, 46000 to 46392, inclusive,…
   • § 93 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such…
   • § 94 “Frontier school district” means a school district that meets either of the following conditions: (a) The total number of pupils in average daily attendance at…
   • § 95 “Superintendent” or “superintendent” whenever used in this code means the Superintendent of Public Instruction, unless the context requires otherwise.
   • § 96 “At-promise” has the same meaning as “at-risk,” as that term is generally understood, and consistent with federal law.
   • § 97 The term “emotional disturbance,” as defined in Section 300.8(c)(4) of Title 34 of the Code of Federal Regulations, and used throughout this code and the…