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Students |
5131.5-AR |
VANDALISM
A.
Purpose
and Scope
To outline
procedures relating to (1) vandalism/and or loss of school property by minor
pupils, (2) the financial responsibility of their parents and, (3) vandalism by
pupils age 18 or older and their financial responsibility
B.
General
1.
Vandalism
is defined as willful or malicious destruction or defacement of property
belonging to the school district.
2.
Liability
is defined as an obligation or debt related to a responsibility and refers to
the following statements enumerated in Education Code Section 48904.
a.
The parent
or guardian of any minor pupil whose willful misconduct results in the injury
or death of any pupil or person employed by or performing volunteer services
for a school district shall be liable for all damages as caused by the student.
This applies to all pupils including those 18 years of age or older.
b.
The
parent or guardian of any minor pupil who willfully cuts, defaces, or otherwise
injures in any way any property, real or personal,
belonging to a school district or personal property of any school employee
shall be liable for all such damages so caused by the minor. This applies to
all pupils including those 18 years of age or older.
c.
The
liability of the parent or guardian shall not exceed ten thousand dollars
($10,000). This applies to all pupils including those 18 years of age or older.
d.
The
parent or guardian of a minor pupil shall be liable to a school district for
all property belonging to the school district loaned to the minor and not
returned upon demand of an employee of the district authorized to make the
demand. This applies to all pupils including those 18 years of age or older.
e.
When
real or personal property of the school district has been willfully cut,
defaced, or otherwise injured the district may, after affording the pupil his
or her due process rights, withhold the grades, diploma, and transcripts of the
pupil responsible for the damage until the pupil or the pupil's parent or
guardian has paid for the damages.
f.
When
the minor pupil and parent are unable to pay for the damages, the school
district shall provide a program of voluntary work for the minor pupil in lieu
of the payment of monetary damages. This applies to all pupils including those
18 years of age or older.
g.
Upon completion
of such voluntary work, the grades, diploma and transcripts of the pupil shall
be released.
3.
Authorized
employees of the school district may assess fees to pupils who receive school
district property on a loan basis and fail to return same or who wilfully cut, deface or otherwise injure in any way, any
property, real or personal belonging to the school district or personal
property of any school employee. Those students incurring a debt will be issued
an indebtedness note by the principal or designee.
C.
Forms
Used and Additional References
Indebtedness Note -
The indebtedness note will be on file at the school of initiation with
documentation regarding its distribution.
D.
Procedure
1.
School
procedures for processing student indebtedness must be established and
communicated in writing to staff, students and parents.
2.
For
secondary students, an indebtedness note shall be completed by the school
district employee initiating the assessment and a copy given to the pupil who
must affix his/her signature. If the pupil is not present to receive the
indebtedness note, parents will be notified by mail, whereupon they will have
fourteen (14) days to contact the school to make arrangements for repayment of
the debt. Should arrangements not be made within the fourteen-day period, the
debt becomes due in full immediately.
3.
For
elementary students, an indebtedness note shall be completed by the school
district employee initiating the assessment and parents will be notified by
mail, whereupon they will have fourteen (14) days to contact the school to make
arrangements for repayment of the debt. Should arrangements not be made within
the fourteen-day period, the debt becomes due in full immediately.
4.
Each
school is to notify the district records clerk when records are withheld and
when they are released.
5.
For
elementary and secondary students, if the indebtedness resulted from a willful
act of "vandalism" as defined in B (1) (a) and (b) above, and is not
resolved, then all diplomas, grades and transcripts of the student shall be
withheld, except that:
a.
When a
student cannot return school property due to the student's accidental
destruction or loss of that property, that student's diplomas, grades and
transcripts will not be withheld, although the provisions in these regulations
regarding liability shall continue to apply
b.
For
elementary students committing an act for which diplomas, grades and
transcripts have been properly withheld, if the principal determines that such
withholding is detrimental to a student's welfare, the principal may order such
records released.
6.
When
the minor pupil and parent are unable to pay for the damages, a program of
voluntary work at a rate per hour equivalent to the classified student pay rate, will be assigned until the debt is cleared. This
applies to all pupils including those 18 years of age or older.
7.
Appeals
will be made to the school principal.
8.
Any
further appeals will be made to the office of the Assistant Superintendent,
Educational Services, who will convene a review panel within five (5) days of a
request.
9.
Representatives
of the school and the parents and pupil may appear before the review panel.
10. The review panel shall render a decision
within two (2) school days and a written report sent to the Assistant
Superintendent, Educational Services.
11. Any further appeals will be made to the
Superintendent of Schools within five (5) days of the Assistant
Superintendent's decision. The decision of the superintendent shall be final.
12. All monies collected at the site are to be
recorded and sent to the district business office for processing.
E.
Reports
Required
1.
Indebtedness
note
2.
Written
report to the Assistant Superintendent, Educational Services, and parents of
student
F.
Record
Retention
Records in
accordance with regular district procedures
G.
Responsible
Administrative Unit
Educational
Services
H.
Approved
by:
|
Sharon McHolland |
|
James O.
Fleming |
|
|
Responsible Division Head |
Date |
Superintendent |
Date |
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Legal Reference: |
Education
Code |
Section
48904I |
|