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General Guidance in Reading California’s Education Code

The Code establishes the law of this state respecting the subjects to which it relates

By Chris Micheli, June 14, 2022 6:44 am

California’s statutes are contained in 29 separate codes. The sixth alphabetically is the Education Code. All 29 Codes have general provisions applicable to reading and interpreting that Code’s sections. The following are selected general provisions of the Education Code:

Section 1 – This Code is known as the Education Code.

Section 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 construed, with a view to effect its objects and to promote justice.

Section 3 – The provisions of this Code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, are to be construed as restatements and continuations, and not as new enactments.

Section 4 – Whenever reference is made to any portion of this Code or of any other law of this state, the reference applies to all amendments and additions made.

Section 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.

Section 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 the provision to other persons or circumstances, is not to be affected.

Section 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 or by a person authorized, pursuant to law, by the officer, unless this Code expressly provides otherwise.

Section 8 – Words giving a joint authority to three or more public officers or other persons are construed as giving the authority to a majority of them, unless it is otherwise expressed in the provisions of the Code giving the authority.

Section 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, and then it is also excluded.

Section 10 – Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions govern the construction of this Code.

Section 70 – Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

Section 71 – The term “section” means a section of this Code unless some other statute is specifically mentioned.

Section 72 – The present tense includes the past and future tenses, and the future tense includes the present.

Section 73 – The masculine gender includes the feminine.

Section 73.2 – The term “spouse” includes “registered domestic partner.”

Section 74 – The singular number includes the plural, and the plural, the singular.

Section 75 – The term “shall” is mandatory and “may” is permissive.

Section 76 – The term “oath” includes affirmation.

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