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.
\n\nThis notice shall include a statement that the district may withhold grades, diploma or transcripts from the student and parent/guardian until reparation is made.
\n\nIf 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, diploma or transcripts.
\n\nIf 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, diploma or transcripts shall be released. (Education Code 48904)
\n\nWhen a student from whom the district is withholding grades, diploma 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.
\n\nThe Superintendent or designee shall notify the parent/guardian in writing that this district's decision to withhold grades, diploma or transcript will be enforced by the new district. (Education Code 48904.3)
\n\nThe district shall withhold grades, diploma 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 When informed by the previous district that its decision has been rescinded, the district shall release these documents.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)
\n\n\n", "contentText": "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.\n\nThis notice shall include a statement that the district may withhold grades, diploma or transcripts from the student and parent/guardian until reparation is made.\n\nIf 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, diploma or transcripts.\n\nIf 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, diploma or transcripts shall be released. (Education Code 48904)\n\nWhen a student from whom the district is withholding grades, diploma 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.\n\nThe Superintendent or designee shall notify the parent/guardian in writing that this district's decision to withhold grades, diploma or transcript will be enforced by the new district. (Education Code 48904.3)\n\nThe district shall withhold grades, diploma 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)", "footnotes": [ { "type": "State", "references": [ { "code": "Ed. Code 48904", "description": "Liability of parent/guardian", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48904." }, { "code": "Ed. Code 48904.3", "description": "Withholding grades, diplomas or transcripts causing prop. damage or injury; transfer to new school districts; notice to rescind decision to withhold", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48904.3." }, { "code": "Ed. Code 48911", "description": "Suspension by principal, designee or superintendent", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=48911." }, { "code": "Ed. Code 49014", "description": "Public School Fair Debt Collection Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49014." }, { "code": "Ed. Code 49069.7", "description": "Absolute right to access", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=49069.7." } ] }, { "type": "Management Resources", "references": [ { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "3515.4", "title": "Recovery For Property Loss Or Damage", "type": "AR" }, { "code": "3515.4", "title": "Recovery For Property Loss Or Damage", "type": "AR" }, { "code": "4158", "title": "Employee Security", "type": "AR" }, { "code": "4158", "title": "Employee Security", "type": "AR" }, { "code": "4258", "title": "Employee Security", "type": "AR" }, { "code": "4258", "title": "Employee Security", "type": "AR" }, { "code": "4358", "title": "Employee Security", "type": "AR" }, { "code": "4358", "title": "Employee Security", "type": "AR" }, { "code": "5121", "title": "Grades/Evaluation Of Student Achievement", "type": "AR" }, { "code": "5121", "title": "Grades/Evaluation Of Student Achievement", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5125", "title": "Student Records", "type": "AR" }, { "code": "5144.1", "title": "Suspension And Expulsion/Due Process", "type": "AR" }, { "code": "5144.1", "title": "Suspension And Expulsion/Due Process", "type": "AR" }, { "code": "5145.6", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "5145.6-E PDF(1)", "title": "Parent/Guardian Notifications", "type": "AR" }, { "code": "6161.2", "title": "Damaged Or Lost Instructional Materials", "type": "AR" }, { "code": "6163.1", "title": "Library Media Centers", "type": "AR" }, { "code": "6163.4", "title": "Student Use Of Technology", "type": "AR" }, { "code": "6163.4", "title": "Student Use Of Technology", "type": "AR" }, { "code": "6163.4-E PDF(1)", "title": "Student Use Of Technology", "type": "AR" }, { "code": "6173", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173-E PDF(1)", "title": "Education For Homeless Children", "type": "AR" }, { "code": "6173.1", "title": "Education For Foster Youth", "type": "AR" }, { "code": "6173.1", "title": "Education For Foster Youth", "type": "AR" }, { "code": "6175", "title": "Migrant Education Program", "type": "AR" }, { "code": "6175", "title": "Migrant Education Program", "type": "AR" } ], "attachments": [] }