7 Miss. Code. R. 11-One-5

Current through December 10, 2024

Section 7-11-One-5 - ACCOUNTING AND CONDITION OF TEXTBOOKS

A. OWNERSHIP

In non-public schools, all textbooks are the property of the State of Mississippi and are on loan to the non-public school from the MDE. Each school must make available for transfer all textbooks that have been declared surplus by the non-public school.

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.

Duplicate textbook cards shall be made for all pupils receiving textbooks. These cards shall be completed so that the identity and condition of the textbooks are clearly shown. After the parent's signature has been obtained on the card, the pupil shall be issued the textbook. At the end of the session, upon the student transferring to another non-public school or at any time ordered by the teacher or the administrative head, all books shall be returned by the pupil. The textbook card shall be signed by the teacher and given as a receipt. The pupil shall present the card upon re-enrollment at the non-public school next attended before any textbooks are issued to him/her.

E. RETURNING TEXTBOOKS FROM INELIGIBLE NON-PUBLIC SCHOOLS

If any non-public school fails to maintain accreditation approval by the SBE, it will be necessary for all state-owned textbooks to be returned. Procedures for the return of state-owned textbooks from ineligible non-public schools are outlined below.

1. All non-public schools that are ineligible for participation in the state-owned textbook program shall return all state-owned textbooks to the MDE or its designee.

2. Non-public schools whose eligibility expires by the December meeting of the SBE of any year shall have until the following June 30^th to complete the return of its state-owned inventory to the MDE.

3. Each ineligible non-public school will be supplied no later than May 1^st with a listing of its current textbook inventory as reflected by the most recently submitted inventory plus an inventory of all textbooks procured since the last inventory was filed. Any discrepancies between the inventory of the school and that of the MDE must be justified in writing.

4. During the month of July after the loss of eligibility of the non-public school, MDE staff will be available to assist each non-public school in inventorying and packaging textbooks for return to the MDE. As the textbooks are packed, a detailed accounting will be made jointly by the school and the MDE staff.

NOTE: The non-public school shall not pack and return textbooks without the involvement and assistance of MDE staff.

5. Once the textbooks are packed and reconciled with the MDE inventory for each respective school, the cartons will be sealed and numbered. Once this action is completed, a tentative receipt will be provided the non-public school by the MDE staff. The MDE will notify a truck line to pick up the textbooks for return to the MDE or its designee. All shipping costs incurred in the return of the textbooks will be paid by the MDE. Once the textbooks are returned, a formal official receipt will be given to the non-public school.

F. SURPLUS TEXTBOOKS FROM CLOSING NON-PUBLIC SCHOOLS

Closing non-public schools that are not part of a larger group, will follow the steps outlined in the Section E: Returning Textbooks from Ineligible Non-Public Schools.

However, non-public schools that are a part of a larger group (e.g., catholic dioceses) may follow the steps outlined in the Surplus Textbooks section.

G. 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 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 should contact the regional depository or publisher and discuss the problem and seek replacement of the defective textbooks.

H. LOCAL POLICY ON TEXTBOOK REPLACEMENT OR DAMAGES

Each school should have 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 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

All fine and damage collections shall be reported on the proper FINES AND DAMAGES FORM and the money sent to the MDE Office of Instructional Materials and Library Media. If a student pays a fine based on the total cost of the textbook, the book then belongs to the student. All fines and damages received in the MDE will be credited back to the respective non- public school in which they were collected for expenditure in the collecting school.

I. REBINDING OF TEXTBOOKS

Contact information for rebinding companies is available at MDE Textbook Website. Schools are not required to use such company recommended by MDE. Each school 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 schools in the location of a book rebinding company. Schools are not required to use such company recommended by the MDE. Each school 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

J. 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 of August each year. The MDE Office of Instructional Materials and Library Media will send an TIMS INVENTORY FORM to the school's Textbook Coordinator to be signed verifying that the inventory report in the TIMS system is correct.

K. SALES

The Miss. 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.

L. NON-PREVENTABLE LOSSES

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

7 Miss. Code. R. 11-One-5

Amended 9/25/2023