BP 6161.2

Instruction

 

Damaged or Lost Instructional Materials

 

The Governing Board recognizes that instructional materials are an expensive resource and that each student is entitled to sufficient instructional materials in accordance with law.  Instructional materials provided for use by students remain the property of the district.  Students are responsible for returning borrowed materials in good condition, with no more wear and tear than usually results from normal use.  When property of the District is lent to students, the Governing Board expects that it shall be returned in a timely manner, with no more than usual wear and tear.  If the property has been willfully cut, defaced or otherwise damaged, or if the student refuses to return it at the request of a District employee, the District shall afford the student his/her due process rights and subsequently may withhold the student’s grades, diploma, certificate and/or transcripts until the student or parent/guardian has paid all damages.  As provided by law, the parent/guardian of a minor shall be liable for all damages caused by the minor’s misconduct.  (Education Code 48904)

 

The District will notify the student’s parent/guardian of the alleged misconduct before withholding grades, diploma, certificate and/or transcripts.  If the parent/guardian or student is unable to pay for the damages or return the property, the District shall provide a program of voluntary work for the student to do instead.  When the work is done, the student’s grades, transcripts, certificate and/or diploma shall be released.

 

Legal Reference:                      

            EDUCATION CODE

            48904             Willful misconduct; limit of liability of parent or guardian

            48904.3          Withholding grades, diplomas or transcripts of students causing property damage or injury

            60119             Public hearing on sufficiency of materials

            60411             Purchase and use; property of district

            CIVIL CODE

            1714.1            Liability of parent or guardian for act of willful misconduct by a minor

            CODE OF REGULATIONS, TITLE 5

            305                 Student responsible for care of property

 

 

Adopted:  4/13/88

Revised:  10/13/99; 6/14/06