topleft CSBA.org >  Services >  Governance Technology > 

Escondido Union ESD |  AR  5125.2  Students

Withholding Grades Or Transcripts   

arrow Previous bar Next arrow

Education Code 48904 mandates the Board of Education to establish regulations governing its procedures for seeking reparation when school property is willfully damaged or not returned, and for withholding a student's grades or transcripts until reparation is made. In such cases, the district must afford the student his/her due process rights, and the district's procedures must parallel Education Code procedures for student expulsion. (Education Code 48904) The district may not withhold records for nonpayment of meal tickets or library overdue fines.

When school property has been willfully damaged or not returned upon demand, the principal or designee shall inform the parent/guardian in writing of the responsible student's alleged misconduct and the reparation that may be due.

This notice shall include a statement that the district may withhold grades or transcripts from the student and parent/guardian until reparation is made.

(cf. 5131.5 - Vandalism, Theft and Graffiti)

(cf. 6161.2 - Damaged or Lost Instructional Materials)

If reparation is not made, the district shall afford the student his/her due process rights in conformance with Education Code expulsion procedures and may withhold the student's grades or transcripts.

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

If the student and parent/guardian are unable to pay for the damages or return the property, the principal or designee shall provide a program of voluntary work for the student to do. When this voluntary work is completed, the student's grades or transcripts shall be released. (Education Code 48904)

The district cannot refuse to transfer student records to another district. Upon receiving notice that the district is withholding a student's grades or transcripts, however, any district to which the student transfers must also withhold them until it receives notice that the first district's decision has been rescinded.

When a student from whom the district is withholding grades or transcripts transfers to another district, this information shall be sent to the new district with the student's records and a request that these items continue to be withheld until the new district receives notification that the debt has been cleared.

The superintendent or designee shall notify the parent/guardian in writing that this district's decision to withhold grades or transcript will be enforced by the new district. (Education Code 48904.3)

The district shall withhold grades or transcripts from any student transferring into the district whose misconduct caused a previous district to withhold them. When informed by the previous district that its decision has been rescinded, the district shall release these documents. (Education Code 48904.3)

(cf. 5125 - Student Records)

Legal Reference:

EDUCATION CODE

48904 Liability of parent

48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury; transfer of pupils to new school districts; notice to rescind decision to withhold

48911 Suspension by principal, designee or superintendent

49069 Absolute right to access

ESCONDIDO UNION SCHOOL DISTRICT

December 13, 2007 Escondido, California