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San Bruno Park ESD |  BP  6161.2  Instruction

Damaged Or Lost Instructional Materials   

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Note: Education Code 60119 requires the Governing Board to hold a public hearing on the sufficiency of instructional materials. As part of the Williams settlement, SB 550 (Ch. 900, Statutes of 2004) amended Education Code 60119 to define "sufficient textbooks or instructional materials" to mean that each student, including each English learner, has a textbook and/or instructional material to use in class and to take home to complete homework assignments in the following subjects: mathematics, science, history/social science, and English/language arts. The law does not require two sets of textbooks or materials for each student. In addition, photocopied sheets from only a portion of a text or material copied to address a shortage are not considered "sufficient" for these purposes. See BP/AR 6161.1 - Selection and Evaluation of Instructional Materials for details regarding the sufficiency hearing.

In order to ensure "sufficiency," districts should ensure that a replacement instructional material is provided when a student's instructional materials are lost or damaged so as to be no longer usable. However, as specified below, Education Code 48904 still authorizes districts to charge for the replacement of damaged instructional materials and to withhold the student's grades or transcripts until reparation is provided.

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 Procedures)

(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)

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 SAN BRUNO PARK SCHOOL DISTRICT

adopted: February 8, 2006 San Bruno, California