5125.2
AR
Administrative Regulation
Withholding Grades, Diploma Or Transcripts
When school property has been willfully damaged or not returned upon demand, the principal or designee shall inform the parent/guardian in writing of the responsible student's alleged misconduct and the reparation that may be due.
This notice shall include a statement that the district may withhold grades, diploma or transcripts from the student and parent/guardian until reparation is made.
If reparation is not made, the district shall afford the student his/her due process rights in conformance with Education Code expulsion procedures and may withhold the student's grades, diploma or transcripts.
If the student and parent/guardian are unable to pay for the damages or return the property, the principal or designee shall provide a program of voluntary work for the student to do. When this voluntary work is completed, the student's grades, diploma or transcripts shall be released. (Education Code 48904)
When a student from whom the district is withholding grades, diploma or transcripts transfers to another district, this information shall be sent to the new district with the student's records and a request that these items continue to be withheld until the new district receives notification that the debt has been cleared.
The Superintendent or designee shall notify the parent/guardian in writing that this district's decision to withhold grades, diploma or transcript will be enforced by the new district. (Education Code 48904.3)
The district shall withhold grades, diploma or transcripts from any student transferring into the district whose misconduct caused a previous district to withhold them. When informed by the previous district that its decision has been rescinded, the district shall release these documents. (Education Code 48904.3)
Legal & Management References
State
Ed. Code 48904 - Liability of parent/guardian
Ed. Code 48904.3 - Withholding grades, diplomas or transcripts causing prop. damage or injury; transfer to new school districts; notice to rescind decision to withhold
Ed. Code 48911 - Suspension by principal, designee or superintendent
Ed. Code 49014 - Public School Fair Debt Collection Act
Ed. Code 49069.7 - Absolute right to access
Management Resources
Website - CSBA District and County Office of Education Legal Services
Cross References
3515.4 AR Recovery For Property Loss Or Damage
4158 AR Employee Security
4258 AR Employee Security
4358 AR Employee Security
5125 AR Student Records
5144.1 AR Suspension And Expulsion/Due Process
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
6161.2 BP Damaged Or Lost Instructional Materials
6163.1 BP Library Media Centers
6163.4 AR Student Use Of Technology
6163.4-E PDF(1) AR Student Use Of Technology
6173 AR Education For Homeless Children
6173-E PDF(1) AR Education For Homeless Children
6173.1 AR Education For Foster Youth
6175 AR Migrant Education Program