§ 4910. General Definitions.
5 CA ADC § 4910BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 5. Education
Division 1. California Department of Education
Chapter 5.3. Nondiscrimination and Educational Equity
Subchapter 1. Nondiscrimination in Elementary and Secondary Educational Programs Receiving State or Federal Financial Assistance
Article 2. Definitions
5 CCR § 4910
§ 4910. General Definitions.
The terms used in this Chapter shall be construed with reference to the laws and regulations existing on the date of the enactment of this section. As used in this Chapter, the term:
(a) “‘Activity’ or ‘program and activity”’ means the same as the definition set out below for the word “program.”
(b) “Ancestry” means the national or cultural origin of a line of descent.
(c) “Board” means the California State Board of Education.
(d) “Club” means a group of students which meets on school property and which is student initiated, student operated and not sponsored by the educational institution.
(e) “Color” includes the concept “race” as it is used in Title IV and Title VI of the Federal Civil Rights Act of 1964, respectively commencing at 42 USC 2000c and 20 USC 2000d.
(f) “Department” means the California Department of Education.
(g) “Educational institution” means any public or private preschool, elementary, or secondary school or institution operated by the local agency, or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools, consistent with the definition found in Education Code section 210.1.
(h) “Ethnic group identification” includes the concept of “national origin” as it is used in Title IV and Title VI of the Federal Civil Rights Act of 1964, respectively commencing at 42 USC 2000c and 20 USC 2000d.
(i) “Equal opportunity” and “equivalent opportunity” are used synonymously and mean equal or equal in effect.
(j) “Extracurricular activity” means an activity that is sponsored by the local agency or an organization sanctioned by the local agency. The term “extracurricular activity” shall not include any program that is part of the regular curriculum or that is covered by Article 3 (commencing with Section 4920).
(k) “Gender” means sex, and includes a person's gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth.
(l) “Harassment” means conduct based upon protected status that is severe or pervasive, which unreasonably disrupts an individual's educational or work environment or that creates a hostile educational or work environment.
(m) “Individual with a disability” means a person who has a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment.
(n) “Local Agency (LA)” means a school district governing board or county office of education or a local public or private agency which receives direct or indirect funding or any other financial assistance from the state or federal government to provide any school program or activity.
(o) “Mental disability” means any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(p) “National origin” means the country of a person's birth.
(q) “Person” includes but is not limited to employees, temporary employees, contract employees, applicants for employment, agents and representatives of the local agency, students, applicants for admission and volunteers.
(r) “Physical disability” means any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lympathic, skin, and endocrine.
(s) “‘Program’ or ‘program activity”’ is defined to include the definition of “program and activity” as set forth at Health and Welfare regulation 22 CCR 98010 and to include extra curricular, research, occupational programs, honors, students services and other activities as well as include the operations of an “educational institution” as defined at Education Code section 210.1. All specified institutions are meant to entail the operations of:
(1)(A) a department, agency, special purpose district, or other instrumentality or any educational institution; or
(B) the entity of such local agency that distributes such assistance and each such department or agency to which the assistance is extended; or
(2)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship--
(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or
(ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or
(B) the entire plant or other comparable, geographically separate facility to which state or federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship; or
(3) any other entity which is established by two or more educational institutions or the entities described in paragraph (1) or (2); any part of which is extended state or federal financial assistance, except that such term does not include any operation of an entity which is controlled by a religious organization if the application of this Chapter to such operation would not be consistent with the religious tenets of such organization.
(4) Small providers are not required by this subsection to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility to the physically disabled, if alternative means of providing the services are available.
(t) “Race” means one of the anthropological/racial ethnic groups, including but not limited to: Asian, Black, American Indian, Hispanic, Pacific Islander, White, or Filipino.
(u) “Religion” means one's spiritual beliefs.
(v) “Sex” means the biological condition or quality of being a female or male human being.
(w) “Sexual orientation” means actual or perceived heterosexuality, homosexuality, or bisexuality.
(x) “Superintendent” means the Superintendent of Public Instruction or his or her designee.
(y) “Title IX Coordinator” means the person(s) designated by the local agency to comply with and carry out the local agency's responsibilities under Title IX of the Education Amendments of 1972.
Note: Authority cited: Sections 221.1 and 33031, Education Code; and Section 11138, Government Code. Reference: Section 51.7(b), Civil Code; Sections 200, 201(g), 210, 210.1, 212.5, 220, 233(e) and 260, Education Code; Sections 11135 and 11138, Government Code; Section 422.55 and 422.56, Penal Code; Section 1681, Title 20, ,U.S. Code; Section 2000d, Title 42, U.S. Code; Section 106, Title 34 Code of Federal Regulations; and Sections 98210, 98220, 98230, 98250 and 98343, Title 22, California Code of Regulations.
1. New section filed 12-16-92; operative 1-15-93 (Register 92, No. 51).
2. Amendment of section and Note filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
3. Amendment of subsection (k) and amendment of Note filed 12-29-2005; operative 12-29-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 52).
This database is current through 10/16/20 Register 2020, No. 42
5 CCR § 4910, 5 CA ADC § 4910
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