Report Title:

Education; Textbooks; Cost Recovery

Description:

Holds public school students accountable financially for loss or damage to textbooks.

THE SENATE

S.B. NO.

2063

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to education.

 

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

SECTION 1. Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Textbooks and instructional materials" includes any book or other printed materials used as a standard work for a particular course of study, except library books."

SECTION 2. Section 302A-442.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-442.5[]] Instructional materials[.]; exceptional children. (a) Whenever used in this section, unless a different meaning clearly appears from the context:

"Braille" means the system of reading and writing through touch commonly known as standard English braille.

["Textbooks and other instructional materials" means any literary or nonliterary works obtained for use in a course of study.]

(b) All publishers of textbooks [or other] and instructional materials sold to the State or any [local education agency] public school shall furnish computer diskettes for literary subjects in the American Standard Code for Information Interchange from which braille versions can be produced. Publishers shall also furnish computer diskettes in American Standard Code for Information Interchange for nonliterary subjects including natural sciences, computer science, mathematics, and music when braille specialty code translation software is available.

(c) This section shall not apply to publishers of textbooks and [other] instructional materials written in the Hawaiian language."

SECTION 3. Section 302A-1130, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1130[]] Public schools [special] restitution fees and charges; [standards;] grouping of students. (a) [No equipment, material, or other fees shall be assessed against any pupil in any school, except that the] The department may assess and collect special fees and charges from [pupils] students for co-curricular activities and from [pupils] students who negligently break, damage, lose, or destroy school [books,] equipment[,] or supplies. Any [pupil] student found to be responsible for the loss, destruction, breakage, or damage of school [books, which shall include library and textbooks, of] equipment[,] or [of] supplies, shall make restitution to the school [in any manner], including the payment by the [pupil] student, or the [pupil's] student's parents or guardians, of the actual replacement costs.

(b) No [pupil] student shall be required to make restitution [in any manner] unless the [pupil] student and the [pupil's] 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 charges that the [pupil] student was responsible for the loss, destruction, breakage, or damage of school [books,] equipment[,] or supplies.

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

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

If the [pupil] student and the student's parent or guardian do not agree with the determination made by the principal, the principal shall report to the district superintendent the determination and the findings made by the principal, including all the records and documents regarding the investigation, for any further action.

(d) 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.

(e) Special fees and charges collected from [pupils] students for co-curricular activities shall be deposited into insured checking or savings accounts and expended by each individual school under rules adopted by the department pursuant to chapter 91.

(f) Special fees and charges collected from [pupils] students who negligently break, damage, lose, or destroy school [books,] equipment[,] or supplies shall be deposited in a fund and expended by the department under rules adopted pursuant to chapter 91.

(g) For the purposes of this section, "school equipment or supplies" includes library books.

[(g)] (h) The department may continue to group [pupils] students within any public school in accordance with their abilities and educational needs."

SECTION 4. Section 302A-1146, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1146[]] Schools [not to sell]; merchandise[, etc]. It shall be unlawful for any public school, without the written permission of the department, to operate stores or to sell merchandise, with the following exceptions: school lunches, milk, ice cream, candy, [things] and products made or grown at the school as part of the educational program[, and in cases where classroom efficiency, uniformity, or standardization of particular supplies is essential, textbooks, equipment, and necessary school supplies and equipment, may be sold by any school]. The department, with the advice of the comptroller, shall adopt rules in conformance with chapter 91 necessary for the purposes of this section."

SECTION 5. There is established a special account within the department of education to receive and appropriate fees and charges collected from students, or the student's parents or guardians, for the purchase or repair of school equipment, supplies, textbooks, and instructional materials. These fees and charges may be collected and retained as restitution for the loss, destruction, breakage, or damage of school equipment, supplies, textbooks, and instructional materials. The sums appropriated from this special account shall be expended by the department of education for the purposes of purchasing, replacing or repairing school equipment, supplies, textbooks, and instructional materials.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2004.

INTRODUCED BY:

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