Appendix A
Prototype Brochure
How Does Marriage Affect Your Legal Rights and Obligations?

TABLE OF CONTENTS

How Getting Married Can Affect Your Property Rights
Issues covered: community property and separate property defined; classification of property as community or separate property; premarital and marital agreements; what happens to property on death or dissolution of marriage.

Rights And Obligations Of Married Persons
Issues covered: management and control of property; payment of individual and community debts; child and/or spousal support obligations from a prior marriage.

Domestic Violence
Issues covered: definition of domestic violence; protective orders; criminal prosecution for domestic violence; spousal rape.

Marriage and Children
Issues covered: parents' rights and obligations for their children; duty to pay child support if parents get divorced; liability of parents for injuries caused by their children.

Conclusion

Glossary

Introduction
Getting married is an exciting time for both you and your spouse-to-be. Marriage changes your life in many ways. The decision to get married, however, should not be taken lightly. The State of California wants you and your spouse-to-be to make an informed decision about marriage, which is why you have been given this brochure.

The law often treats married people and single people differently for different purposes. The purpose of this brochure is to inform you of the rights and obligations that arise when two people decide to get married.¹ Marriage creates a contractual relationship and economic partnership between you and your-spouse-to-be. Hopefully, this brochure will provide you with some of the basic information you need to understand the contractual relationship and economic partnership that marriage is. The information in this brochure is intentionally presented in a generalized format even though important exceptions or limitations may exist. If you have any questions about any of the following material, please contact a lawyer.

How Getting Married Can Affect Your Property Rights
When a couple gets married, a "community" estate is created. When the community estate is created, two different ownership interests arise. Those ownership interests are called "community property" and "separate property"; the ownership interests affect who owns what, who can control what, and which property is subject to which debts. Each spouse owns an undivided one-half interest in community property. Separate property, however, is not part of the community; it is owned only by the individual spouse who has the ownership interest.

What do you mean by community property and separate property?
Generally speaking, community property is all property acquired through the earnings of either spouse while the couple is married.²

Depending on when and how property is received, it can be classified as "separate property."³ Separate property is:

All property acquired before marriage or while the spouses are living "separate and apart;"⁴ and

It is important to understand that the classification of property as community property (or separate property) depends on when and how the property was acquired. It does not matter who holds legal "title" to the property (i.e., the person in whose name the property is held). For example, suppose you and your spouse were to purchase a car during your marriage with money from either (or both) spouse's earnings. Even if title to the car was taken in your name alone, the car is still considered community property.

What if my spouse and I decide to take title to a piece of property in joint form?
Any asset acquired during marriage and held by the spouses in joint form (joint tenancy, for example) is presumed to be community property unless there is an agreement to the contrary in writing or there is a clear statement to the contrary in the deed.⁵ Later sections further discuss property agreements between the spouses.

Must all property acquired during marriage be classified as community property?
No. You and your spouse can agree that community property is separate property or that separate property is community property.⁶ The agreement may be made prior to or during marriage. It can apply to only one particular piece of property or to all of the property acquired during marriage.

If the spouses intend to make such an agreement, the agreement must be clear. There is a strict writing requirement, which means that there must be an express written declaration by the party whose interests are adversely affected by agreeing to the arrangement.⁷

If the agreement is made before the parties are married, it is considered a premarital agreement. Such agreements are governed by the Uniform Premarital Agreement Act.⁸ A premarital agreement must be in writing and signed by both parties, but no consideration is required.⁹ This means that the parties must have their agreement on paper, but that they do not need to exchange money or any other legal "consideration" to make the agreement valid and enforceable. The agreement becomes effective on the date the couple is married. A premarital agreement can be amended and/or revoked.¹⁰ The amendment or revocation, however, must also be in a written agreement signed by both parties.¹¹

Because of the technicalities and legal formalities and requirements involved in premarital and marital agreements, you are well advised to consult an attorney if you are interested in entering into an agreement which affects your property rights.

Are there any rules governing an agreement between spouses?
Yes. Husbands and wives are subject to the rules governing fiduciary relationships.¹² This means that the spouses have a duty of good faith and fair dealing and that the spouses cannot take unfair advantage of each other.

Will all agreements between a husband and wife be enforced by the courts?
No. Certain agreements will not be enforced by the courts:¹³

In addition, the right of a child from a former marriage to receive child support cannot be adversely affected by a premarital agreement.¹⁴

What happens to community property if the marriage fails?
Generally speaking, each spouse is entitled to equal division of the marital property.¹⁵ This means that the community property will be split 50-50 between the couple. Each spouse retains his or her separate property.

The classification of property as community property, however, can be challenged. A spouse can challenge the classification either with evidence of an agreement to the contrary between the spouses or with evidence that there were no community funds available at the time the property was acquired.

But remember that the classification of community property is determined by when and how the property was acquired. The fact that title to the property is in one spouse's name is not necessarily the determining factor.

What happens to community property when one spouse dies?
If the spouse who dies has a will, that spouse's one-half interest in the community property and all of his or her separate property will be distributed in accordance with the terms of the will. The surviving spouse will retain his or her one-half interest in the community property as well as his or her separate property.

If the decedent spouse does not have a will, his or her one-half interest in the community property will automatically pass to the surviving spouse. The decedent spouse's separate property will be distributed between the surviving spouse, children and other surviving relatives in proportions determined by the Probate Code.

These rules only apply to personal property and real estate in the state of California. Real property located in another state will pass according to the law of the state where the property is located.

Rights And Obligations Of Married Persons

What property can each spouse control?
Each spouse has management and control rights over all of the community property.¹⁶ This means that either spouse can have access to the property, for example, or can maintain the property. Each spouse also has exclusive management and control over his or her own separate property.

If the community property is real property, however, both spouses must join in the execution of any instruments conveying any interest in the property.¹⁷ This means that both spouses must sign the deed when selling the property, or when encumbering it in some other manner, such as signing a deed of trust for a second mortgage. In addition, one spouse cannot sell or encumber community personal property without the written consent of the other spouse.¹⁸

Do I have any financial obligations to my new spouse?
Yes. Husbands and wives have a mutual duty to support each other financially. In addition, they have other legal duties regarding financial obligations which are addressed below.

What is a "community debt" as opposed to an "individual debt"?
Debt, in the eyes of the law, is like "negative" property.¹⁹ Therefore, the rules discussed above about community and separate property apply equally to debt. What this means is that there are community, or joint, debts and separate, or individual, debts. Community debts are those debts incurred by either spouse during marriage.²⁰ Separate debts are those debts incurred (1) before marriage, (2) after separation, or (3) debts where the creditor relied solely on the debtor-spouse's income and separate property as collateral for the obligation.²¹

What are my obligations regarding community debts and the individual debts of my spouse?
If a spouse has control over a particular piece of property, a creditor can reach that property.²² In other words, a creditor can reach all of the community property and the debtor-spouse's separate property to satisfy a debt incurred by that spouse before or during marriage. This means that the separate property of one spouse cannot be used to pay the individual debts of the other. But, the separate property of one spouse can be used to pay a joint debt (for example, a house payment). In addition, the separate property of one spouse is liable for "necessaries of life" purchased by the other spouse during marriage.²³

All of the community property, however, can be taken by a creditor to pay for all debts incurred by either spouse before or during the marriage.²⁴ Thus, the liability of the community estate is not limited to debts incurred for the benefit of the community. The community estate may be liable for debts incurred by one spouse exclusively for his or her personal benefit.

Does that mean that I am liable for the debts my spouse incurred before our marriage?
Not necessarily. The separate property of the spouse who incurred the debt before or during marriage is liable for that debt.²⁵ The non-debtor-spouse's separate property is generally not liable for the premarital debts of the other spouse. But, all of the community property can be used to satisfy premarital debts of either spouse. This means that a creditor may be able to reach the debtor-spouse's separate property and all of the community property to satisfy a premarital debt.

There is, however, a way to exempt the non-debtor-spouse's community property earnings from this general rule of total community property liability. The following two conditions must be met:²⁶

If these conditions are not met, the non-debtor-spouse's community property earnings may be liable for a premarital debt incurred by the debtor-spouse.

What happens if we get divorced before the debt is paid? Who is liable?
If the debt was incurred by your spouse during marriage and you and your spouse divorce before the debt was paid, only the separate property of the debtor-spouse is liable for payment of that debt unless the debt was assigned to the non-debtor spouse as part of a property division agreement.²⁷ This means that the former community property received by the non-debtor-spouse is only liable if the debt was assigned to the non-debtor-spouse in the property settlement agreement.²⁸

What are my rights concerning child and/or spousal support obligations from my spouse's prior marriage?
Child or spousal support obligations from a prior marriage will be treated as a debt incurred before marriage.²⁹ This means that the debtor-spouse's separate property is liable for these prior support obligations. If the support obligations are paid from community funds, then the community estate is entitled to reimbursement from the debtor-spouse's separate property. If, however, the debtor's separate property is insufficient or unavailable to cover the prior support obligation, the community will not be reimbursed for the support paid.

Are there any special rules about tax debts?
Because tax is such a specialized area of law, you are encouraged to see an attorney with experience in tax law if you have questions or concerns about tax debt.

Generally, if your spouse incurred the tax debt before your marriage, then all of the debtor-spouse's separate property and all of the community property, including the non-debtor-spouse's earnings, can be used to satisfy the tax debt.³⁰ Again, in order to protect the non-debtor's community property earnings, a separate account should be set up as discussed in the section about liability for premarital debts, above.

If you and your spouse owe back taxes for a year during which you were married and filed jointly, both spouses are liable for the debt. A spouse may, however, be able to reduce the tax liability if that spouse qualifies under the Ainnocent spouse" rule, as follows:

Domestic Violence
Most couples do not enter marriage with visions of abuse or violence in their relationship. Unfortunately, however, there are times when violence may erupt; should you be faced with that situation, the law does protect you.

Why should I be concerned?
Domestic violence is a cycle: the incidents at first may be minor and very infrequent, but with time, the violence may become more frequent and severe.

Domestic violence accounted for injuries of more than 37% of women who sought treatment for violence-related incidents in emergency rooms in 1994.³¹ Domestic violence is hard to measure because it usually occurs behind closed doors; many victims are afraid or ashamed to seek help or press charges.³² Although there are no definitive estimates of how many incidents go unreported, FBI statistics suggest that wife beating occurs three times as often as rape and is perhaps the single "most unreported" crime in the country.³³

What is domestic violence?
The law defines domestic violence as "abuse" perpetrated against a spouse or child.³⁴ "Abuse" means intentionally or recklessly causing or attempting to cause bodily injury or sexual assault to someone or to make someone apprehensive of imminent and serious bodily injury to that person or to another person.³⁵

Domestic violence, however, is not confined solely to instances of physical abuse. Psychological and verbal abuse is also abusive behavior which may be a precursor to an eruption of violence.

What can I do if I am the victim of domestic violence?
If you are being abused or threatened with abuse, the most important thing to do is find out what your options are. Seeking help early may help resolve the problem before it escalates into a incident of violence. A number of groups provide counseling, shelters, and legal help; look in the phone book under "crisis intervention services" or "women's organizations;" or contact the National Domestic Violence Hotline (800-799-7233) which will refer you to a service provider in your area.

To protect your legal rights, you may petition the court for a temporary restraining order or a protective order. This is a court order which may direct the abuser to cease the abuse, to stay away from the victim, to get counseling, or to do other things. The abused spouse can petition the court for a protective order when there is an immediate and present danger of domestic violence to one spouse or danger of child abuse or child abduction based on recent abuse or threat of abuse.³⁶

Additionally, the State may file a criminal action against a person for physically abusing or raping his or her spouse.³⁷

What is a protective order?
There are three types of protective orders: emergency protective orders, criminal stay-away orders, and restraining orders.

What if my spouse violates the protective order?
A spouse who knowingly and intentionally violates a protective order can be charged with a misdemeanor. The punishment for this kind of violation is a fine up to $1,000, imprisonment in a county jail for up to one year, or both.³⁸

If the violation, however, results in physical injury, the spouse can be fined up to $2,000, imprisoned in a county jail for at least 30 days, but not more than one year, or both. In addition, the spouse may be ordered to go to counseling or to a batterer's treatment program.³⁹

What happens to a spouse who physically abuses his or her partner?
Any person who willfully inflicts corporal injury upon his or her spouse which results in a "traumatic condition" is guilty of a felony. The law defines a "traumatic condition" as a condition of the body, such as a wound or external or internal injury caused by physical force. It does not matter whether the injury is of a minor or serious nature.⁴⁰

The punishment for physically abusing your spouse is:

In addition, a battering spouse may be ordered to pay restitution to the injured spouse. This restitution, however, cannot be satisfied with community property.⁴²

A court may also impose other additional punishments, such as participation in a batterer's treatment program, or payments to a battered women's shelter of up to $5,000.⁴³

The State of California has a strict policy to prosecute spousal abusers to the fullest extent of the law.⁴⁴
Can my spouse force me to have sex with him?
No. A husband who forces his wife to have sex with him can be prosecuted for spousal rape.⁴⁵ It is considered spousal rape if:

If you believe your spouse has committed spousal rape, it must be reported within 90 days, or else the State of California will not prosecute your claim.⁴⁷

Marriage and Children
Having children is another joyous occasion. But again, it is a decision which requires information and a lot of consideration. The law does, however, impose certain duties on parents for the care and maintenance of their children. One of the most important duties parents have for their children, besides caring for and loving them, is to support them financially.⁴⁸

You should also know that studies show that divorce has a significant negative impact on children. Many children of divorced parents experience depression, underachievement, or difficulty in forming long-term, intimate relationships of their own.⁴⁹ Children who grow up in single-parent families are far more likely to live in poverty, commit crimes, fail in school, and engage in "aggressive-acting out behavior."⁵⁰ These are things to consider before you and your spouse decide to have children.

What are my rights regarding my children?
The four most important parental rights are:

What are my financial obligations to my children?
Parents are legally responsible for the financial support of their children until the children turn 18. If the child is attending high-school full-time, the parents' obligation to support that child may continue until the child turns 19. In addition, the parents may have to support a child over the age of 19 if the child is disabled and cannot support him or herself.

What happens to my financial obligations to my children if my spouse and I divorce?
If you and your spouse decide to get a divorce, you are both still legally responsible for the financial support of your children until the age of 18. The issue of child support is generally decided in the divorce proceedings. The actual amount of child support is usually set by court order according to a formula which takes into account things like net income, amount of time spent with the child (or children), and the number of children that parent must support. Judges, however, may deviate from the formula if the parents agree on something else.

Some times, parents share joint custody of a child but one former spouse may still be obligated to pay child support to the other former spouse. Generally speaking, the non-custodial, or "absent," parent is required to contribute his or her share of child support directly to the custodial parent, who will then in turn use the money for the benefit of the children.

What happens if my former spouse does not pay the child support as ordered by the court?
First, it is important to remember that if a parent does not pay his or her child support obligation, the obligation does not go away; and, the obligation will accumulate interest. Child support orders are enforceable until they are paid in full; the fact that a child has turned 18 does not extinguish a parent's past-due child support obligation.⁵² Child support orders may be enforced even if the parent moves to another state⁵³ or if the parent moves out of the country.⁵⁴ Child support which remains unpaid for more than 30 days can be subject to a penalty enhancement: penalties start at 6% of the past-due child support and can be as large as 72%.⁵⁵ These penalties are in addition to the past-due child support. Additionally, if the custodial parent receives Aid to Families With Dependent Children, the non-paying spouse can be prosecuted for reimbursement to the county where the child lives.⁵⁶ The non-payment of child support can also be reported to credit reporting agencies.⁵⁷ Finally, child support obligations can never be canceled by court order or bankruptcy.⁵⁸ As you can see, the State of California regards a parent's financial obligation to support his or her child as extremely important; and you should too.

When a court orders child support, a "wage assignment" is now mandatory.⁵⁹ This means that the child support payment is automatically deducted from the non-custodial parent's paycheck and sent directly to the custodial parent to satisfy the obligation.

Wage assignments, however, are not the only method of enforcement. A court may order enforcement of the child support obligation by a variety of other means,⁶⁰ a few of which are as follows:

What are my other obligations to my children?
As parent, you have an obligation to support and care for your children. This obligation applies regardless of whether the child is natural or adopted and regardless of whether the child's parents are married. You also have the responsibility to supervise and control your child.

There are special situations where parents will be liable for the harm caused by their children:

Conclusion
This brochure was given to you to inform and educate you about your rights and obligations arising from marriage. If you have learned one new piece of information, or if this material has sparked communication about your decision to get married, then our goal has been satisfied.

GLOSSARY
Abuse Intentionally or recklessly causing or attempting to cause bodily injury, or sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

Community Property Any property acquired during marriage with the earnings of either spouse.

Consideration Something of value received for promises exchanged in a contract or agreement.

Corporal Injury Injury to the body.

Custodial Parent Parent who has physical custody of a child for the majority of the time.

Fiduciary Duty Duty to deal with someone in good faith, trust, confidence and candor.

Necessary of Life Food, shelter, clothing and other things necessary to live. This is usually determined by a couple's standard of living.

Non-Custodial Parent Parent who does not have physical custody of a child for the majority of the time. Non-custodial parents are some times ordered to pay child support to the custodial parent. Non-custodial parents are also usually awarded visitation rights.

Premarital Agreement An agreement between two people before they are married which sets forth their property rights as to one particular piece of property or all of the property acquired during marriage. Premarital agreements must be in writing and signed by both parties; no consideration, however, is required.

Protective Order An order that includes any of the following restraining orders: an order enjoining abuse, excluding a person from a dwelling, or enjoining other specified behavior.

Separate and Apart Spouses are living separate and apart when at least one partner views their separation as permanent and either (1) communicates this belief to the other or (2) the circumstances are such that the other spouse should have recognized that the other spouse viewed their relationship as being permanently terminated.

Separate Property Any property obtained (1) before marriage, (2) after death or dissolution of marriage, or (3) by gift or inheritance.

Spousal Rape An act of sexual intercourse when the wife resists, but her resistance is overcome by force or violence, or an act of sexual intercourse when the wife is afraid to resist because of her husband's threat of great and immediate bodily harm. Spousal rape claims must be reported within 90 days, or else the State will not prosecute the claim.

Traumatic Condition A condition of the body, such as a wound or external or internal injury caused by physical force. It does not matter whether the injury is of a minor or serious nature.

Footnotes
^1. This brochure is intended to cover basic issues relating to marriage and marital rights and obligations; it is not intended to be an exhaustive resource of the law relating to married persons. The information is intentionally presented in generalized format. There may be specific and important exceptions which are found in the statutes or case law. The State of California accepts no liability for incomplete, incorrect or insufficient statutory references. (return to text)

^2. See Fam. Code § 760. (return to text)

^3. See Fam. Code §§ 770-772. (return to text)

^4. The statute does not define "separate and apart." Generally speaking, spouses are living "separate and apart" if the couple has parted ways and neither partner has a present intent to resume marital relations. Physical separation, however, is not the determining factor. (return to text)

^5. See Fam. Code § 2581. (return to text)

^6. See Fam. Code §§ 850; 1611. (return to text)

^7. See Fam. Code § 852. (return to text)

^8. See Fam. Code § 1600 et. seq. (return to text)

^9. See Fam. Code § 1611. (return to text)

^10. See Fam. Code § 1614. (return to text)

^11. See Fam. § 1614. (return to text)

^12. See Fam. Code § 721. (return to text)

^13. See Fam. Code § 1615. (return to text)

^14. See Fam. Code § 1612(b). (return to text)

^15. See Fam. Code § 2550. (return to text)

^16. See Fam. Code § 1100. (return to text)

^17. See Fam. Code §§ 1100; 1102. (return to text)

^18. See Fam. Code § 1102. (return to text)

^19. See Ed Sherman & Susan Cameron, California Marriage Law 42-43 (Nolo Press 1997).  (return to text)

^20. See William P. Hogoboom & Donald B. King, California Practice Guide: Family Law 8-178 (The Rutter Group 1997).  (return to text)

^21. If the creditor relies on both spouse’s income and property, the debt is considered a community debt.   (return to text)

^22. See Fam. Code § 910.  (return to text)

^23. See Fam. Code § 914. "Necessaries of life" includes food, shelter and clothing; it is usually defined by the couple’s standard of living. If the parties are living separate and apart, then the non-debtor’s separate property is only liable for "common necessaries of life," which are usually more related to the minimum necessities of food, clothing and shelter.  (return to text)

^24. See Fam. Code § 910. Please note that "during marriage" does not include any time where the spouses are living separate and apart.  (return to text)

^25. See Fam. Code § 913.  (return to text)

^26. See Fam. Code § 913. (return to text)

^27. See Fam. Code § 916.  (return to text)

^28. See In Re Marriage of Braendle, 46 Cal. App. 4^th 1037 (1996). (return to text)

^29. See Fam. Code § 915. Please also refer to the discussion above about debts incurred before or during marriage. (return to text)

^30. See Sherman, California Marriage Law, supra note 19, at 44. (return to text)

^31. See Kate Sproul, California’s Response To Domestic Violence (Senate Publications 1997) located at http://www.sen.ca.gov/sor/families/9711dmv.txt (quoting study done by U.S. Department of Justice). (return to text)

^32. See Sproul, supra note 31. (return to text)

^33. See Discussion guide, Battered Women: Violence Behind Closed Doors. (return to text)

^34. See Fam. Code § 6211. Other people are also covered, such as non-marital cohabitants and dating partners. (return to text)

^35. See Fam. Code § 6203. (return to text)

^36. See Fam. Code § 6200 et. seq. (return to text)

^37. See Penal Code § 273.5. (return to text)

^38. See Penal Code § 273.6. (return to text)

^39. See Penal Code § 273.6. (return to text)

^40. See Penal Code § 273.5. (return to text)

^41. See Penal Code § 273.5. (return to text)

^42. See Penal Code § 273.5. (return to text)

^43. See Penal Code § 273.5. (return to text)

^44. See Penal Code § 273.8 et. seq. (return to text)

^45. See Penal Code § 262. (return to text)

^46. See Penal Code § 262. (return to text)

^47. See Penal Code § 262. (return to text)

^48. For a more in-depth discussion of a parent’s legal rights and responsibilities regarding children, please refer to "Kids and the Law: an A-to-Z Guide for Parents" published by the State Bar of California. (return to text)

^49. See Ruth Sidel, Keeping Women and Children Last: America’s War on the Poor 36-37 (Penguin Books 1996) (citing to study by Judith Wallerstein Second Chances: Men, Women, and Children a Decade After Divorce) (return to text)

^50.  See id. (citing to studies quoted by Barbara Dafoe Whitehead, Dan Quayle Was Right, The Atlantic Monthly). (return to text)

^51. A parent is not entitled to his or her child’s earnings when: (1) the parents have exploited, neglected or abandoned the child; (2) the child’s income is the result of his or her special talent or athletic ability; or (3) the child’s income is the right of a gift or inheritance. (return to text)

^52. See Fam. Code §§ 4503, 4503; Civ. Proc. Code § 683.130(c)(1); Welf. & Inst. Code § 11475.1(d). (return to text)

^53. See Fam. Code § 4800 et seq. (return to text)

^54. See 42 U.S.C. § 659a. (return to text)

^55. See Fam. Code § 4720 et seq. (return to text)

^56. See Welf. & Inst. Code §§ 11350, 11350.1. (return to text)

^57. See Fam. Code § 4701(a). (return to text)

^58. See 42 U.S.C. § 656(b). (return to text)

^59. See Fam. Code §5230(a). (return to text)

^60. See Fam. Code § 4500. (return to text)

^61. See Fam. Code § 290; Civ. Proc. Code §§ 714.010; 715.010. (return to text)

^62. See Civ. Proc. Code § 704.120(d), (e); Unemp. Ins. Code §§ 1255.7; 1342; 2630; Welf. Inst. Code § 11350.5. (return to text)

^63. See 42 U.S.C. § 659. (return to text)

^64. See Fam. Code § 4560.  (return to text)

^65. See 42 U.S.C. § 664; I.R.C. § 6402(c). (return to text)

^66.  See Civ. Proc. Code §§708.710; 708.730; 708.740; 709.770; Gov’t Code §§ 12419.3; 12419.5; Welf. & Inst. § 11475.2. (return to text)

^67. See Fam. Code §§ 4610, 4614. (return to text)

^68. See Welf. & Inst. § 11350.6. (return to text)

^69. See Civ. Proc. Code §§ 1209.5; 1218; 1219; Fam. Code § 290. (return to text)

^70. See Civ. Code § 1714.3. (return to text)

^71. See Civ. Code § 1714.1(a). (return to text)

^72. See Penal Code § 594. (return to text)

^73. See Penal Code § 594. (return to text)

^74. See Civ. Code § 1714.1. (return to text)

^75. See Penal Code § 12403.8. (return to text)

^76. See Educ. Code § 48264.5(d)(2). (return to text)

^77. See Educ. Code § 48904(a)(1). (return to text)

^78. See Gov’t Code § 53069.5. (return to text)

^79. See Penal Code § 490.5. (return to text)