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

(b)  No student shall be required to makerestitution unless the student and the student's parents or guardians have beennotified and have been given an opportunity to be heard before the principal ofthe 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 thecharge, has reasonable cause to believe that the student is responsible for theloss, destruction, breakage, or damage of school textbooks, instructionalmaterials, library books, equipment, or supplies, the principal shall design arestitution program that shall be submitted to the student and the student'sparents or guardians for agreement in writing.

If restitution is made in this fashion, then noinformation about the charge, the hearing, and the actions taken shall becommunicated to any person not directly involved in the proceedings.

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

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

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