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El Dorado Union HSD |  BP  6161.2  Instruction

Damaged Or Lost Instructional Materials   

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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.

(cf. 1312.2 - Complaints Concerning Instructional Materials)

(cf. 1312.4 - Williams Uniform Complaint Procedure)

(cf. 3260 - Fees and Charges)

(cf. 6161.1 - Selection and Evaluation of Instructional Materials)

When materials are lost or so damaged that they are no longer usable, the student shall be immediately issued a replacement material. However, students or parents/guardians shall be responsible for reparation equal to the current replacement cost of the materials. When materials are damaged but still usable, the Superintendent or designee shall determine an appropriate charge.

If it can be demonstrated to the Superintendent or designee's satisfaction that the student has taken all reasonable precautions to safeguard instructional materials issued to him/her, the Superintendent or designee may excuse the student or parent/guardian from payment of reparation.

If reparation is not excused and not paid by the student or parent/guardian, the district may withhold the student's grades, diploma and transcripts in accordance with law, Board policy, and administrative regulation.

(cf. 3515.4 - Recovery for Property Loss or Damage)

(cf. 5125.2 - Withholding Grades, Diploma, or Transcripts)

(cf. 5131.5 - Vandalism, Theft, and Graffiti)

(cf. 5144.1 - Suspension and Expulsion/Due Process)

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 and 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)

(cf. 5125.2 - Withholding Grades, Diploma or Transcripts)

(cf. 5131.5 - Vandalism)

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 and 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

Management Resources:

WEB SITES

California Department of Education: http://www.cde.ca.gov

Policy EL DORADO UNION HIGH SCHOOL DISTRICT

adopted: May 19, 1992 Placerville, California

revised: August 8, 2006