Legal Question in Education Law in California

Classroom Textbook Bill From Public School

My son's elementary school requires parents to sign a form agreeing to be responsible for books checked out to him. But it doesn't just apply to library books. It applies to classroom textbooks required to participate in the educational process. The classroom textbooks are not to come home and stay in the classroom all year. I had no use of it, ever. Now, the book has disappeared from my son's desk. They sent me a bill for $60 to replace the used textbook that I had no control over and no use of. Anyone could have taken the book out of his desk, he was absent 10 days, the regular teacher dislikes him, and there has also been a substitute in the class atleast 20 days during the year.

Do I have to pay for this book that I had no control over? I feel the school did not exercise reasonable care in protecting it, or other property belonging to my son.

What can I do about this bill?

I can't afford to pay it regardless.

Thank you


Asked on 5/22/09, 7:26 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Classroom Textbook Bill From Public School

Since the boook was "in the possession" of the school at a time when you son was absent, the school was a baillee, with obligations to safe guard your son's property. Under the law, you don't need to pay. Good luck.

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Answered on 5/23/09, 10:48 am


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