[CALIBK12] Fines and Ed Code

[Glen Warren]

Ed Code 48904 states that if a student does not return school property,
the parents are responsible for the cost.  If the parents fail to pay,
the school may, after affording due process, withhold the grades,
diploma, and transcripts of the student.  Here's the entire section
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. 

 



ORANGE COUNTY DEPARTMENT OF EDUCATION
E-MAIL CONFIDENTIALITY NOTICE

This e-mail communication and any attachments, including documents, files, or previous e-mail messages, constitute electronic communications within the scope of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.  This e-mail communication may contain non-public, confidential or legally privileged information intended for the sole use of the designated recipient(s).  The unauthorized and intentional interception, use, copy or disclosure of such information, or attempt to do so, is strictly prohibited and may be unlawful under applicable laws.  18 U.S.C. § 2511.  If you have received this e-mail communication in error, please immediately notify the sender by return e-mail and delete the original e-mail from your system.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.sjsu.edu/pipermail/calibk12/attachments/20090505/cfeb2eb9/attachment.html