[CALIBK12] Ed Code regarding Debts on Textbooks and Library book and District Property

[Glenda Webb]

Some have asked that I share, so here it is

Special Thanks to ----

Jane Brooks
Library Media Teacher
Cabrillo High School
2001 Santa Fe Avenue
Long Beach, CA 90810
562/951-7736

California Education Code:

48904.  (a) (1) Notwithstanding Section 1714.1 of the Civil Code,
the parent or guardian of any minor whose willful misconduct results
in injury or death to any pupil or any person employed by, or
performing volunteer services for, a school district or private
school or who willfully cuts, defaces, or otherwise injures in any
way any property, real or personal, belonging to a school district or
private school, or personal property of any school employee, shall
be liable for all damages so caused by the minor.  The liability of
the parent or guardian shall not exceed ten thousand dollars
($10,000).  The parent or guardian shall also be liable for the
amount of any reward not exceeding ten thousand dollars ($10,000)
paid pursuant to Section 53069.5 of the Government Code.  The parent
or guardian of a minor shall be liable to a school district or
private school for all property belonging to the school district or
private school loaned to the minor and not returned upon demand of an
employee of the district or private school authorized to make the
demand.
   (2) The Superintendent of Public Instruction shall compute an
adjustment of the liability limits prescribed by this subdivision at
a rate equivalent to the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services for the United States, as published by the United States
Department of Commerce for the 12-month period ending in the third
quarter of the prior fiscal year.
   (b) (1) Any school district or private school whose real or
personal property has been willfully cut, defaced, or otherwise
injured, or whose property is loaned to a pupil and willfully not
returned upon demand of an employee of the district or private school
authorized to make the demand may, after affording the pupil his or
her due process rights, withhold the grades, diploma, and transcripts
of the pupil responsible for the damage until the pupil or the pupil'
s parent or guardian has paid for the damages thereto, as provided in
subdivision (a).
   (2) The school district or private school shall notify the parent
or guardian of the pupil in writing of the pupil's alleged misconduct
before withholding the pupil's grades, diploma, or transcripts
pursuant to this subdivision.  When the minor and parent are unable
to pay for the damages, or to return the property, the school
district or private school shall provide a program of voluntary work
for the minor in lieu of the payment of monetary damages.  Upon
completion of the voluntary work, the grades, diploma, and
transcripts of the pupil shall be released.
   (3) The governing board of each school district or governing body
of each private school shall establish rules and regulations
governing procedures for the implementation of this subdivision.  The
procedures shall conform to, but are not necessarily limited to,
those procedures established in this code for the expulsion of
pupils.



48904.3.  (a) Upon receiving notice that a school district has
withheld the grades, diploma, or transcripts of any pupil pursuant to
Section 48904, any school district to which the pupil has
transferred shall likewise withhold the grades, diploma, or
transcripts of the pupil as authorized by that section, until the
time that it receives notice, from the district that initiated the
decision to withhold, that the decision has been rescinded under the
terms of that section.
   (b) Any school district that has decided to withhold a pupil's
grades, diploma, or transcripts pursuant to Section 48904 shall, upon
receiving notice that the pupil has transferred to any school
district in this state, notify the parent or guardian of the pupil in
writing that the decision to withhold will be enforced as specified
in subdivision (a).
   (c) For purposes of this section and Section 48904, "school
district" is defined to include any county superintendent of schools.

   (d) This section and Section 48904 shall also apply to the state
special schools, as described in subdivision (a) of Section 48927.


Glenda Webb
LCMS Library