I am writing this memo to address the growing concern from the opposing counsel that the use of the word ‘education’ is limited to the Education Code of the CA Code Section. An assessment of the code section reveals that while opposers contest that the word ‘education’ is only used in the Education Code, the word is used directly and indirectly outside the CA Education Code.
The first use is in California Constitution (CONS) in article IX Education [Section 1-16]. Section 1 of the article was adopted in 1879 with an understanding that dissemination and diffusion of knowledge were paramount in upholding the rights and autonomy of the public. The word education is used repeatedly in this part of the California Code. For instance, Section 2.1 states, “The State Board of Education, on the nomination of the…” (Leginfo, 2020) The word education in CONS is used as the constitution guides different schools on the ideal make-up of the school boards. Therefore, CONS is a perfect explanation that opposes the affirmation that the use of the word education is restricted to the Education Code Section.
The second use of the word education is in the Government Code, under the division of Office of the Child Development and Education (section 96100- 96114). The primary purpose of the section of the code is to provide a conducive environment that will help every child in California to excel academically and achieve professional ambitions. In the general declarations, section 96100 part e, the code states, “programs such as the 100 black men have resulted in significant increases in graduation rates at the secondary level and in much-improved enrollment rates in postsecondary education” (FindLaw, 2020) Therefore, the word ‘education is apparent in the GOV Code.
Finally, the word education is used in Financial Code (FIN), under Division 12.5, Student Loan Servicing Act, section 28100-28182. The law focusses on preempting the state serving stipulations through oversight. The aim of the code is to help the student borrowers to benefit immensely. In particular, the financial code section provides oversight on student financial products and consumer protection. In section 28102-part b (4), the law states, “A public postsecondary educational institution or a private non-secondary educational institution…” (Findlaw, 2020). In the Finacial Code of the CA code, the word education is not used, but the word educational is rampant throughout the text. Therefore, the word education in this section appears to be used indirectly as the code provides oversight for lenders to provide funds to the students in learning institutions.
In summation, the word ‘education’ is rampant in different sections of the California Code as apparent in the afore-assessed sections of the CA Code. It is noteworthy that the CA Education Code contains vital guidelines, such as the behavior that might result in the expulsion of a student. However, there are a lot of areas that affect education, educational institutions, and students in general; for this reason, different sections of the CA code, like the Financial Code, provide regulations that guide and provide lending institutions with the needed oversight. Also, other codes like the Constitutional Code highlights an individual’s rights to education as well as the autonomy of educational institutions. Therefore, as apparent, the word education is used outside the jurisdiction of the CA Education Code.