California Code of Regulations › 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 › Section 4910 - General Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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