§302A-1130.5  Textbook replacement fees,
restitution; textbook list.  (a)  The department may assess and collect
special fees and charges from students who negligently break, damage, lose, or
destroy school textbooks, instructional materials, library books, equipment, or
supplies as determined by the principal.  Any student found to be responsible
for the loss, destruction, breakage, or damage of school textbooks,
instructional materials, library books, equipment, or supplies, shall make
restitution to the school, including the payment by the student or the
student's parents or guardians, of the actual replacement costs.  Any fees
collected pursuant to this subsection shall be deposited into the textbook and
instructional materials fee special account established in [section]
302A-1130.6.



(b)  No student shall be required to make
restitution unless the student and the student's parents or guardians have been
notified and have been given an opportunity to be heard before the principal of
the school on the charge that the student was responsible for the loss,
destruction, breakage, or damage of school textbooks, instructional materials,
library books, equipment, or supplies.



(c)  If the principal, upon a hearing on the
charge, has reasonable cause to believe that the student is responsible for the
loss, destruction, breakage, or damage of school textbooks, instructional
materials, library books, equipment, or supplies, the principal shall design a
restitution program that shall be submitted to the student and the student's
parents or guardians for agreement in writing.



If restitution is made in this fashion, then no
information about the charge, the hearing, and the actions taken shall be
communicated to any person not directly involved in the proceedings.



If the student and student's parents or
guardians do not agree with the determination made by the principal, the
principal shall report the determination and the findings made by the principal
and transfer all records and documents regarding the investigation to the
complex area superintendent for any further action.



(d)  Each school shall make available a copy of
the current list of textbooks and instructional materials upon the request of a
student or a parent or guardian of a student attending the school.  The list
shall be available not later than the tenth day of class in each school year.



(e)  Notwithstanding any other provisions in
this section to the contrary, the State may elect to bring any appropriate
action for the recovery of all damages to school properties.  Nothing in this
section shall limit the right of the State to bring any action against any
person to recover the damages. [L 2001, c 239, §2; am L 2004, c 220, §5]