[CALIBK12] Fines and Ed Code - what's willful?

Wed May 6 20:22:36 PDT 2009

Great response to the student and his issue. With the situation being beyond his control it was the right thing to do.  Thanks for being a library lady with a heart!

Joy Millam 
District Library Coordinator / Teacher Librarian
 YALSA's Quick Picks for Reluctant Readers Committee
 Valencia High School Placentia, CA 
714-996-4970 x3250 
jmillam at pylusd.org 

http://bookdiva1.blogspot.com/ 
http://booktalksandmore.pbwiki.com 

http://www.vhstigers.org/library/mrs_millam.jsp?rn=3833 

"Libraries are not made; they grow." - Augustine Birrell

-----Original Message-----
From: calibk12-bounces at lists.sjsu.edu on behalf of ladewig
Sent: Wed 5/6/2009 2:54 PM
To: CALIB POST
Subject: Re: [CALIBK12] Fines and Ed Code - what's willful?

I had a student involved in a car accident. In the process of that, the car
door opened and his backpack flew out and was ruined (library books inside).
When he explained to me what happened, I told him that was beyond his
control and I wouldn't charge him for the books (thank God he was okay!). He
said he needed a bill anyway because the insurance agent said they would
cover the cost of replacing the books, which they did.  Good responsibility
all around!

I don't charge an "average" price for my books, but I do for magazines. I
charge a standard $5 because (though ours are usually less) we barcode and
laminate the covers for easy and maximum circulation (ours at the elementary
are mostly used for pleasure reading). That increase in materials and
employee time justifies the cost if lost.

I don't do it now, but at a previous site (when we had all brand new books)
I did charge the cost of the book plus $5 to cover the processing charges.
Of course, this still doesn't cover the expense of (employee time)
re-ordering the book, etc.

I also charged $5 if the book came back without a barcode or spine label -
that put an immediate end to the minor vandalism we had. We made sure that
every spine label and barcode were in good condition when books checked out
(they were all very new, why shouldn't they be?!).

Joanne Ladewig  (A.K.A. "Library Lady")

Library Media Tech

Lawrence Elementary, GGUSD

Garden Grove, California

shatz at verizon.net

Never be afraid to try something new. Remember, amateurs built the ark.
Professionals built the Titanic.

Comments are my own and may not represent the views of GGUSD

  _____  

From: calibk12-bounces at lists.sjsu.edu
[mailto:calibk12-bounces at lists.sjsu.edu] On Behalf Of Susan Pennell
Sent: Wednesday, May 06, 2009 1:18 PM
To: Glen Warren; calibk12 at lists.sjsu.edu
Subject: Re: [CALIBK12] Fines and Ed Code

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. 

  _____  

ORANGE COUNTY DEPARTMENT OF EDUCATION
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