[CALIBK12] Fines and Ed Code

[Susan Pennell]

When I read through the ed. code, the word that stands out to me is "willful". I believe one has to take such things case by case. I had a student once who had to move out of her house and go live with the grandmother. Most of their possessions when into storage, along with her library books. Were we going to charge her for those missing books or prevent her from borrowing more books? Absolutely not. 

 

Back when kids were stealing mouse balls...now that's another story.

 

Susan

 

Susan Pennell

Manager, Library Media Services

Madera COE

559/673.6051 x263

www.madERS.org  

 

From: calibk12-bounces at lists.sjsu.edu [mailto:calibk12-bounces at lists.sjsu.edu] On Behalf Of Glen Warren
Sent: Tuesday, May 05, 2009 2:43 PM
To: calibk12 at lists.sjsu.edu
Subject: [CALIBK12] Fines and Ed Code

 

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. 

 

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