7 Miss. Code. R. 11-Two-6

Current through October 18, 2024
Section 7-11-Two-6 - ACCOUNTING AND CONDITION OF TEXTBOOKS
A. OWNERSHIP

Textbooks are the property of the local public school districts. Each district must make available for transfer all textbooks that have been declared surplus by the district.

B. FUNDING SOURCES

There is no need to differentiate between funding sources such as State, Local, Educational Enhancement, etc., in the maintenance of an inventory. Regardless of the funding, all sources are to be treated the same regarding the inventory process.

C. STORAGE OF TEXTBOOKS

The school should provide adequate storage or shelving space for safe and accessible textbook storage.

D. ISSUANCE OF TEXTBOOKS

The label on the inside cover of each textbook shall be completed before the textbook is issued to the pupil.

The school district shall maintain adequate records regarding the issuance of textbooks to students. It is suggested that the method of issuing textbooks to students reflect the condition of the book. The parent or guardian should sign that the child has received books. A statement similar to the following should be part of the signature process.

"I hereby accept the responsibility of the books listed and for any other books issued to my child during the current school year. If any book is lost, damaged, or destroyed, I agree to pay such loss before my child will be entitled to any further books." (See MS AG. op., Johnson (Jan. 10, 1997).)

E. DEFECTIVE TEXTBOOKS

Textbooks that are on the state-adopted list are built by very rigid construction specifications. The contract between the publisher and the MDE requires that the adopted textbooks continue to measure up to these construction standards. Therefore, any school district that fails to receive defective textbook replacement assistance from the publisher should contact the MDE Office of Instructional Materials and Library Media.

1. When the school receives defective textbooks, the regional depository or publisher from which the textbooks were purchased should be contacted with a request to replace the textbooks. Contact the regional depository or publisher before returning defective textbooks for instructions on the method of return.
2. Textbooks may become defective after they have been in use for a while. Usually, defects will take the form of pages falling out of the textbooks or covers coming loose from the textbook block. Normally if there is a defect of this type in workmanship, it will usually become noticeable within the first two or three years of use. The school or school district should contact the regional depository or publisher and discuss the problem and seek replacement of the defective textbooks.
F. LOCAL POLICY ON TEXTBOOK REPLACEMENT OR DAMAGES

Each local district should have a board policy that deals with the issuance of textbooks plus fines or damages. This policy needs to be a part of the student handbook. This plan should be sufficient to comply with Miss. Code Ann. § 37-7-301(ff), which states:

"As part of their duties, tine local district school board may require that parents/legal guardians be responsible for the textbooks and for the compensation to the school district for any textbooks that are not returned to the proper schools upon the withdrawal of their dependent child. If a textbook is lost or not returned by any student who drops out of the public-school district, the parent or legal guardian shall also compensate the school district for the fair market value of the textbooks."

The following is an example of the type of policy that could be used:

"____________ School District provides textbooks free of charge to students. It is the duty of each student to care for the textbooks to the best of his/her ability. Students who lose or damage textbooks are required to pay for them. Students should take pride in the upkeep of their textbooks. Teachers are instructed to assess fines for amounts up to the current value of a book when it is obvious that the student has damaged or defaced the book."

The following is an example of one district's fines and damage replacement schedule. The example is given to aid in the development of a district policy.

DAMAGE

FINE

Writing/drawing/scribbling in book

$1.00 per page

Excess wear/damage but still usable

10% of cost of the book

Cover of book damaged

25% of cost of the book

Spine damaged

25% of cost of the book

Water damaged but still usable

25% of cost of the book

Water damaged, not usable

Cost of the book

Pages missing, not usable

Cost of the book

Obscene writing or drawing on or in the book

Cost of the book

Non-returned book

Cost of the book

G. REBINDING OF TEXTBOOKS

Contact information for rebinding companies is available at MDE Textbook Website. School districts are not required to use such company recommended by MDE. Each district has the discretion and authority to secure its own rebinding company. The cost for rebinding may be paid from funds used for the purchase of textbooks.

NOTE: The MDE will attempt to assist local districts in the location of a book rebinding company. School districts are not required to use such company recommended by the MDE. Each district has the discretion and authority to secure its own rebinding company.

CONTACT: Norris Bookbinding Company | 107 N Stone Ave. Greenwood, MS 38930 | 662-453-7424

H. INVENTORY

An annual inventory of active, surplus and disposable textbooks, including kits and consumables, must be conducted and submitted by way of the TIMS program to the MDE by the first Friday in August each year. The MDE Office of Instructional Materials and Library Media will send a TIMS INVENTORY FORM to the school's TIMS contact to be signed verifying that the inventory report in the TIMS system is correct.

I. SALES

Mississippi Code Ann. § 37-43-33 provides that parents, persons, or school boards may purchase textbooks directly from the regional depository. The price of textbooks shall be at contract price plus whatever postage or delivery charges might accrue.

J. NON-PREVENTABLE LOSSES

Since the textbooks now are the property of each local school district, no emergency fund is maintained at the state level. Consequently, districts are encouraged to maintain a contingency fund or plan to utilize in the replacement of textbooks in the event of a disaster. Further, districts are reminded to delete textbooks that may have been destroyed from their current inventory. Each school district shall maintain and file current inventory with the MDE Office of Instructional Materials and Library Media.

7 Miss. Code. R. 11-Two-6

Amended 9/25/2023