Section 48904 Of Article 1. Suspension Or Expulsion From California Education Code >> Division 4. >> Title 2. >> Part 27. >> Chapter 6. >> Article 1.
48904
. (a) (1) Notwithstanding Section 1714.1 of the Civil Code,
the parent or guardian of any minor whose willful misconduct results
in injury or death to any pupil or any person employed by, or
performing volunteer services for, a school district or private
school or who willfully cuts, defaces, or otherwise injures in any
way any property, real or personal, belonging to a school district or
private school, or personal property of any school employee, shall
be liable for all damages so caused by the minor. The liability of
the parent or guardian shall not exceed ten thousand dollars
($10,000), adjusted annually for inflation. The parent or guardian
shall be liable also for the amount of any reward not exceeding ten
thousand dollars ($10,000), adjusted annually for inflation, paid
pursuant to Section 53069.5 of the Government Code. The parent or
guardian of a minor shall be liable to a school district or private
school for all property belonging to the school district or private
school loaned to the minor and not returned upon demand of an
employee of the school district or private school authorized to make
the demand.
(2) The Superintendent annually shall compute an adjustment of the
liability limits prescribed by this subdivision to reflect the
percentage change in the average annual value of the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services for the United States, as published by the United States
Department of Commerce for the 12-month period ending in the prior
fiscal year. The annual adjustment shall be rounded to the nearest
one hundred dollars ($100).
(b) (1) Any school district or private school whose real or
personal property has been willfully cut, defaced, or otherwise
injured, or whose property is loaned to a pupil and willfully not
returned upon demand of an employee of the school district or private
school authorized to make the demand may, after affording the pupil
his or her due process rights, withhold the grades, diploma, and
transcripts of the pupil responsible for the damage until the pupil
or the pupil's parent or guardian has paid for the damages thereto,
as provided in subdivision (a).
(2) The school district or private school shall notify the parent
or guardian of the pupil in writing of the pupil's alleged misconduct
before withholding the pupil's grades, diploma, or transcripts
pursuant to this subdivision. When the minor and parent are unable to
pay for the damages, or to return the property, the school district
or private school shall provide a program of voluntary work for the
minor in lieu of the payment of monetary damages. Upon completion of
the voluntary work, the grades, diploma, and transcripts of the pupil
shall be released.
(3) The governing board of each school district or governing body
of each private school shall establish rules and regulations
governing procedures for the implementation of this subdivision. The
procedures shall conform to, but are not necessarily limited to,
those procedures established in this code for the expulsion of
pupils.