REPORT TITLE:
Loss or Damaged Textbooks


DESCRIPTION:
Prohibits a pupil, parent, or guardian from claiming as an
affirmative defense to having to make restitution to a school for
the negligent breakage, damage, loss, or destruction of a
textbook, the right of the pupil to a free appropriate public
education, except as provided by federal law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1673        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO TEXTBOOKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 302A-1130, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�302A-1130[]]  Public schools special fees and charges;
 
 4 standards; grouping of students.(a)  No equipment, material, or
 
 5 other fees shall be assessed against any pupil in any school,
 
 6 except that the department may assess and collect special fees
 
 7 and charges from pupils for co-curricular activities and from
 
 8 pupils who negligently break, damage, lose, or destroy school
 
 9 books, equipment, or supplies.  Any pupil found to be responsible
 
10 for the loss, destruction, breakage, or damage of school books,
 
11 which shall include library and textbooks, of equipment, or of
 
12 supplies, shall make restitution to the school in any manner,
 
13 including the payment by the pupil or the pupil's parents of the
 
14 actual replacement costs.
 
15      (b)  No pupil shall be required to make restitution in any
 
16 manner unless the pupil and the pupil's parents or guardians have
 
17 been notified and have been given an opportunity to be heard
 
18 before the principal of the school on the charges that the pupil
 
19 was responsible for the loss, destruction, breakage, or damage of
 

 
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 1 school books, equipment, or supplies.
 
 2      (c)  If the principal, upon a hearing on the charges, has
 
 3 reasonable cause to believe that the pupil is responsible for the
 
 4 loss, destruction, breakage, or damage of school books,
 
 5 equipment, or supplies, the principal shall design a restitution
 
 6 program that shall be submitted to the pupil and the pupil's
 
 7 parents or guardian for agreement in writing.
 
 8      If restitution is made in this fashion, then no information
 
 9 about the charges, the hearing, and the actions taken shall be
 
10 communicated to any person not directly involved in the
 
11 proceedings.
 
12      If the pupil and parent or guardian do not agree with the
 
13 determination made by the principal, the principal shall report
 
14 to the district superintendent the determination and the findings
 
15 made by the principal, including all the records and documents
 
16 regarding the investigation, for any further action.
 
17      (d)  Notwithstanding any other provisions in this section to
 
18 the contrary, the State may elect to bring any appropriate action
 
19 for the recovery of all damages to school properties.  Nothing in
 
20 this section shall limit the right of the State to bring any
 
21 action against any person to recover the damages.
 
22      (e)  Special fees and charges collected from pupils for co-
 
23 curricular activities shall be deposited into insured checking or
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 savings accounts and expended by each individual school under
 
 2 rules adopted by the department pursuant to chapter 91.
 
 3      (f)  Special fees and charges collected from pupils who
 
 4 negligently break, damage, lose, or destroy school books,
 
 5 equipment, or supplies shall be deposited in a fund and expended
 
 6 by the department under rules adopted pursuant to chapter 91.
 
 7      (g)  The department may continue to group pupils within any
 
 8 public school in accordance with their abilities and educational
 
 9 needs.
 
10      (h)  Except as provided by federal law, no pupil, parent, or
 
11 guardian may claim as an affirmative defense to having to make
 
12 restitution to a school for the negligent breakage, damage, loss,
 
13 or destruction of a textbook, the right of the pupil to a free
 
14 appropriate public education or a free public education.  In the
 
15 event of a conflict between this subsection and any other law,
 
16 this subsection shall control."
 
17      SECTION 2.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date.
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 

 
 
 
 
 
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 1      SECTION 4.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________