School Board Policy

Damaged Or Lost Instructional Materials

BP 6161.2

Instruction

***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.***

***Note: 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 following optional policy may be modified to reflect district practice. ***

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.

***Note: Prior to withholding a student's grades, diploma or transcript, Education Code

48904 requires the district to provide the student due process rights, including

parent/guardian notification of the misconduct. See AR 5125.2 - Withholding of Grades,

Diplomas or Transcripts for sample due process procedures.***

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

(3/87 12/91) 7/05

Thousand Oaks High School

2323 N Moorpark Road
Thousand Oaks, CA 91360

Phone: 805-495-7491
Fax: 805-374-1165
Email: tohs_web@conejousd.org