REPORT TITLE:
Textbooks; Deposit


DESCRIPTION:
Establishes the textbook deposit revolving fund into which shall
be deposited a flat fee of not more than $         per student
per school year to guarantee the timely return of any assigned
textbooks, and to compensate the DOE for the negligent loss,
destruction, breakage, or damage of any assigned textbooks.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            309         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



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

 1      SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is
 
 2 amended by adding a new section to be appropriately designated
 
 3 and to read as follows:
 
 4      "§302A-     Textbook deposit revolving fund.  (a)  There is
 
 5 established in the department a textbook deposit revolving fund
 
 6 into which shall be deposited a flat fee collected from each
 
 7 student of not more than $         per student per school year to
 
 8 guarantee the timely return of any assigned textbooks, and to
 
 9 compensate the department for the negligent loss, destruction,
 
10 breakage, or damage of any assigned textbooks.  Textbook deposits
 
11 may be refunded at the end of the school year or upon the
 
12 official release of the student to attend another school.
 
13      (b)  In determining the amount of a deposit that may be
 
14 returned to a student to whom textbooks were assigned, the
 
15 department may consider such factors as the reduction in the
 
16 usable life span of the textbook due to negligent breakage or
 
17 damage.  The department may not consider breakage or damage that
 
18 is due to normal wear and tear.  The department may not consider
 
19 loss, destruction, breakage, or damage that is not due to the
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 negligence of the student to whom the textbooks were assigned.
 
 2      (c)  Disbursements from the revolving fund shall be made on
 
 3 warrants issued by the superintendent or the superintendent's
 
 4 authorized representatives.  All interest earned on account of
 
 5 the investment of moneys in the revolving fund shall accrue to
 
 6 the benefit of the revolving fund.  Excess moneys in the
 
 7 revolving fund shall be used:  first, to pay for the cost of
 
 8 replacing lost or destroyed textbooks or repairing broken or
 
 9 damaged textbooks; and second, to pay for the cost of
 
10 administering this section.
 
11      (d)  The superintendent shall adopt rules and uniform
 
12 statewide policies to carry out the purposes of this section.
 
13 The rules shall include specific fees for each school or grade
 
14 level, and procedures to completely or partially waive a textbook
 
15 deposit based on a student's inability to pay.  The rules shall
 
16 be adopted in accordance with chapter 91."
 
17      SECTION 2.  Section 302A-1130, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§302A-1130[]]  Public schools special fees and charges;
 
20 standards; grouping of students.(a)  No equipment, material, or
 
21 other fees shall be assessed against any pupil in any school,
 
22 except that the department may assess and collect special fees
 
23 and charges from pupils for co-curricular activities and from
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 pupils who negligently break, damage, lose, or destroy school
 
 2 books, equipment, or supplies.  Any pupil found to be responsible
 
 3 for the loss, destruction, breakage, or damage of school books,
 
 4 which shall include library and textbooks, of equipment, or of
 
 5 supplies, shall make restitution to the school in any manner,
 
 6 including the payment by the pupil or the pupil's parents of the
 
 7 actual replacement costs.
 
 8      (b)  No pupil shall be required to make restitution in any
 
 9 manner unless the pupil and the pupil's parents or guardians have
 
10 been notified and have been given an opportunity to be heard
 
11 before the principal of the school on the charges that the pupil
 
12 was responsible for the loss, destruction, breakage, or damage of
 
13 school books, equipment, or supplies.
 
14      (c)  If the principal, upon a hearing on the charges, has
 
15 reasonable cause to believe that the pupil is responsible for the
 
16 loss, destruction, breakage, or damage of school books,
 
17 equipment, or supplies, the principal shall design a restitution
 
18 program that shall be submitted to the pupil and the pupil's
 
19 parents or guardian for agreement in writing.
 
20      If restitution is made in this fashion, then no information
 
21 about the charges, the hearing, and the actions taken shall be
 
22 communicated to any person not directly involved in the
 
23 proceedings.
 

 
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 1      If the pupil and parent or guardian do not agree with the
 
 2 determination made by the principal, the principal shall report
 
 3 to the district superintendent the determination and the findings
 
 4 made by the principal, including all the records and documents
 
 5 regarding the investigation, for any further action.
 
 6      (d)  Notwithstanding any other provisions in this section to
 
 7 the contrary, the State may elect to bring any appropriate action
 
 8 for the recovery of all damages to school properties.  Nothing in
 
 9 this section shall limit the right of the State to bring any
 
10 action against any person to recover the damages.
 
11      (e)  Special fees and charges collected from pupils for co-
 
12 curricular activities shall be deposited into insured checking or
 
13 savings accounts and expended by each individual school under
 
14 rules adopted by the department pursuant to chapter 91.
 
15      (f)  Special fees and charges collected from pupils who
 
16 negligently break, damage, lose, or destroy school books,
 
17 equipment, or supplies shall be deposited in a fund and expended
 
18 by the department under rules adopted pursuant to chapter 91.
 
19      (g)  The department may continue to group pupils within any
 
20 public school in accordance with their abilities and educational
 
21 needs.
 
22      (h)  This section shall apply to the negligent loss,
 
23 destruction, breakage, or damage of textbooks only to the extent
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 that the cost of the loss, destruction, breakage, or damage is
 
 2 not compensated by a textbook deposit made pursuant to section
 
 3 302A-   ."
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval and
 
 7 shall apply to public school students beginning with the 1999-
 
 8 2000 school year.
 
 9 
 
10                           INTRODUCED BY:_________________________