[CALIBK12] Library Fines in Ed Code?

[Spielman, Kathy]

            Here is what I have found. 

We do not charge fines, because our school board has never adopted anything that would allow it.    Also, take a look at the link below. It may be useful for your class.    

Kathy                      

 

   Fines

1.      1.      The California Code of Regulations Title 5, Section 16042 states in relevant part, "A school district shall make no charge for the late return of library materials unless authorized to do so by the governing board of such district."

 

2.      2.      Although it does not specifically authorize fines, there is an Object Code 8699 (from the School Accounting codes). This is the Object Code for "All Other Local Income". "...Examples of revenue recorded in this account are library fines, contributions, gifts, and reimbursement for practice teaching." (bold added for emphasis)

 

 "Willfulness" may be difficult to prove but if a

student is notified numerous times in person and by

mail and teleparent, and he does not return the

material, I would say he needs to adhere to the ED

Code, otherwise why have an ED Code?

 

According to the ED Code (19910-19911) anyone failing

to return a library book or material "is guilty of a

misdemeanor." According to the California Education

Code (48904, 48904.3), the school "may withhold a

pupils' grades, diploma, or transcripts for failure to

reimburse the school district. "
 
 
http://www.cde.ca.gov/ci/cr/lb/lpinfo2003.asp#LibPlanInfo1
 
Kathy Spielman
Library Media Technician
Yorba Linda Middle School
4777 Casa Loma Ave.
Yorba Linda, CA 92886
kspielman at pylusd.org
 

 

-----Original Message-----
From: calibk12-bounces at lists.sjsu.edu [mailto:calibk12-bounces at lists.sjsu.edu]On Behalf Of Adamich, Susan
Sent: Tuesday, May 05, 2009 9:47 AM
To: Calib
Subject: [CALIBK12] Library Fines in Ed Code?



Several school librarians have mentioned that the law regarding collecting school library overdue fines is in the California Education Code. I have been doing some research and have not found anything about library overdue fines. (I'm taking a class in School Law this semester and this captured my interest.) There are specifics in the Ed Code about students/parents being responsible for the replacement of lost or damaged school materials - either by paying or performing community service at school to compensate for the loss of school materials; but fines for overdue library books that have been returned are not specifically mentioned. (see attachment)

 

Is there a really a code/law that addresses the legality of charging students for books returned past the due date? Or, is this just common practice that has become a "tradition" in our society? We all know of public libraries that charge overdue fines. 

 

If someone knows the code number, or where to find the legal document; please share. Thanks!

 

Susan Adamich

Teacher Librarian

De Anza Middle School

2060 Cameron Street

Ventura, CA 93001

805-641-5165 ext.2057

 <mailto:susan.adamich at venturausd.org> susan.adamich at venturausd.org

 

"Libraries will get you through times of no money better than money will get you through times of no libraries." 

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