Education Rights Center

at Howard University School of Law





A Research Center Promoting Educational Equity for All Students
MS - Property Damage
Missing or Damaged Textbooks

A school may also withhold a report card or transcript from a student who owes outstanding fines for missing or damaged textbooks.  However, this only applies to the release of information to colleges.  If another public K-12 school seeks this information for purposes of enrolling the student, the original school must release it.  Moreover, outstanding fines are not a basis for preventing a student from walking in a graduation ceremony.  The most the school can do is withhold the physical diploma.  Similarly, a school cannot prevent a student from progressing to the next grade level, or deny a student enrollment, because of failure to pay outstanding textbook fines.  However, a school may require the student to pay the fines before issuing him or her additional textbooks.
As with other punishments and infractions, the school here must also provide the student with notice of the alleged damage and an opportunity to respond before taking any action against the student.[192]

Damage to School Property

If a student loses, destroys, or damages school property, a school board may withhold other school property (including a diploma certificate) from that student until the school is reimbursed.[189]  If a student's damage to or destruction of school property is "willful," the student may be suspended or expelled.[190]  Moreover, the school can require the parent or guardian to reimburse the school for up to $20,000.00 in damages, plus court costs.[191]

References:
[189] Miss. Code Ann. § 37-7-301; Op.Atty.Gen. No. 99-0723, Chaney, January 18, 2000.
[190] Miss. Code Ann. § 37-11-19; 7 MS Prac. Encyclopedia MS Law § 65:209. See, e.g., Byrd, supra note 6 (school board rule mandating suspension for remainder of semester for student who vandalizes or defaces school property was within statutory authority vested in school district by Code 1972, §§ 37-7-301, 37-9-71, 37-11-19).
[191] Miss. Code Ann. § 37-11-53.
[192] Op.Atty.Gen. No. 2003-0553, Adams, January 23, 2004; Miss. Code Ann. § 37-7-301.