This law section states that the definitions provided in this particular article will be used to interpret the terms mentioned throughout the chapter.
The definitions in this article shall govern the use of the terms defined for purposes of this chapter.
definitions terms interpretation article chapter usage govern specific terms meanings criteria language clarification
(Added by Stats. 1998, Ch. 914, Sec. 8. Effective January 1, 1999.)
The term "disability" in this law covers both mental and physical disabilities, and it's defined according to another part of California's laws, specifically Section 12926 of the Government Code.
“Disability” includes mental and physical disability as defined in Section 12926 of the Government Code.
disability definition mental disability physical disability Section 12926 Government Code reference inclusive definition California disability law disability inclusion mental health physical health
(Added by Stats. 2007, Ch. 569, Sec. 3. Effective January 1, 2008.)
This part of the law expands the definition of certain characteristics protected under the hate crimes legislation. It includes characteristics like disability, gender, and race, among others. It also protects people based on perceived characteristics, whether or not they truly have them. Additionally, it covers people associated with someone perceived to have these traits.
“Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code” includes any of the following:
(a)CA Education Code § 210.2(a) Any combination of those characteristics.
(b)CA Education Code § 210.2(b) A perception that the person has any of those characteristics or any combination of those characteristics.
(c)CA Education Code § 210.2(c) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those
characteristics.
protected characteristics perceived characteristics hate crimes gender identity sexual orientation nationality race or ethnicity disability religion gender expression association Penal Code Section 422.55 hate crime definition
(Amended by Stats. 2024, Ch. 779, Sec. 4. (SB 1137) Effective January 1, 2025.)
This law defines what an 'educational institution' is. It includes public or private preschools, elementary, and secondary schools, the school district's governing board, or a group of school districts or counties that manage public schools.
“Educational institution” means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools.
educational institution public school private school preschool elementary school secondary school school district governing board school administration public elementary schools public secondary schools administrative agency school system management combination of school districts combination of counties
(Added by renumbering Section 210.1 by Stats. 2007, Ch. 569, Sec. 2. Effective January 1, 2008.)
This law defines the term "gender" as not just a person's sex, but also includes their gender identity and how they express their gender. Gender identity is about how someone sees themselves, and gender expression is about how they show their gender to the world through their looks and actions, regardless of the sex they were assigned at birth.
“Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
gender identity gender expression assigned sex at birth gender-related appearance behavior stereotypes birth sex personal identity expression of gender sex vs. gender gender-related behavior
(Amended by Stats. 2011, Ch. 719, Sec. 4. (AB 887) Effective January 1, 2012.)
This section defines the term “governing board” specifically as the group of people responsible for making decisions in a school district.
“Governing board” means the governing board of a school district.
school district governing board education management decision making school administration district governance public schools educational oversight board members district policies
(Amended by Stats. 1998, Ch. 914, Sec. 10. Effective January 1, 1999.)
When the law refers to someone's 'nationality', it is talking about their citizenship, where they were born, and their ethnic origins tied to a nation.
“Nationality” includes citizenship, country of origin, and national origin.
nationality citizenship country of origin national origin ethnic origins birthplace legal identity immigration status cultural heritage citizen status ethnicity background legal definition origin of birth identity factors
(Repealed and added by Stats. 2007, Ch. 569, Sec. 6. Effective January 1, 2008.)
This section of the law defines what is meant by 'race or ethnicity' within its scope, including various factors like ancestry and color. It also clarifies that 'race' itself includes characteristics linked to race, such as hair texture and styles. Moreover, it explains that 'protective hairstyles' are specific hairstyles like braids, locs, and twists.
(a)CA Education Code § 212.1(a) “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background.
(b)CA Education Code § 212.1(b) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.
(c)CA Education Code § 212.1(c) “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists.
race or ethnicity definition ancestry color ethnic group identification ethnic background traits associated with race hair texture protective hairstyles braids locs twists
(Amended by Stats. 2024, Ch. 619, Sec. 2. (AB 1815) Effective January 1, 2025.)
This law clarifies that when they refer to "religion," it includes all types of religious beliefs and practices, as well as agnosticism and atheism. So, it's not just traditional religions, but also includes the lack of belief in a deity or any belief system.
“Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
religious belief religious observance religious practice agnosticism atheism inclusion belief systems non-theistic beliefs faith practices religious identity diverse religions belief inclusion religion definition faith diversity non-religious beliefs
(Added by Stats. 2007, Ch. 569, Sec. 8. Effective January 1, 2008.)
Sexual harassment refers to unwanted sexual actions or requests in work or educational settings. It counts as harassment if: (a) you have to accept it to get or keep a job or to do well in school; (b) saying yes or no affects your job or school record; (c) it harms your ability to work or study, or makes the place feel threatening or uncomfortable; (d) it's used to decide your access to benefits, services, or opportunities at school.
“Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:
(a)CA Education Code § 212.5(a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
(b)CA Education Code § 212.5(b) Submission to, or rejection of, the
conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
(c)CA Education Code § 212.5(c) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
(d)CA Education Code § 212.5(d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.
sexual harassment unwelcome advances employment decisions academic impact hostile environment intimidating setting educational setting work environment sexual favors negative impact conduct conditions academic status submission requirement rejection consequences benefits decision
(Amended by Stats. 1998, Ch. 914, Sec. 12. Effective January 1, 1999.)
This section defines what is meant by the term "sexual orientation" and includes being heterosexual, homosexual, or bisexual.
“Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
sexual orientation heterosexuality homosexuality bisexuality sexual identity LGBTQ+ orientation definition identity categories heterosexual definition homosexual definition bisexual definition
(Added by Stats. 2007, Ch. 569, Sec. 9. Effective January 1, 2008.)
This section defines what "state financial assistance" means when it comes to helping educational institutions in California. It includes any kind of financial support provided under state or federal law, managed by a state agency, to support schools or students. The assistance can be in the form of grants of state property, services from state personnel, or funds provided through various means like contracts or tax rebates.
(a)CA Education Code § 213(a) “State financial assistance” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance to any educational institution for its own benefit or for the benefit of any pupils admitted to the educational institution.
(b)CA Education Code § 213(b) State financial assistance shall include, but not be limited to, all of the following:
(1)CA Education Code § 213(b)(1) Grants of state property, or any interest therein.
(2)CA Education Code § 213(b)(2) Provision of the services of state personnel.
(3)CA Education Code § 213(b)(3) Funds provided by contract, tax rebate, appropriation, allocation, or formula.
state financial assistance educational institutions financial aid state agency grants state property services of state personnel tax rebate federal law state law funds allocation educational funding school support pupil benefit financial support
(Amended by Stats. 1998, Ch. 914, Sec. 14. Effective January 1, 1999.)
This part of the law defines what is considered 'state student financial aid.' It includes any money or financial help given to students by state or federal law, as long as a state agency manages or approves it. Examples of this aid are scholarships, loans, grants, or even wages that help students pay for education.
“State student financial aid” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance directly to any student admitted to an educational institution. State student financial aid shall include, but not be limited to, scholarships, loans, grants, or wages.
student financial aid state fund appropriations scholarships student loans grants student wages educational assistance state-administered aid federal aid educational institution financial assistance
(Amended by Stats. 1998, Ch. 914, Sec. 15. Effective January 1, 1999.)