Adoption Date: 6/10/1976, Revised: 3/13/1980, 1/21/2021
5000 - Students
Damage or Destruction of School District Property
The Superintendent is authorized, in accordance with law, in instances of willful damage or destruction of School District property (real and personal), to bill the responsible party or parties and, if necessary, to initiate civil action to recover damages (restitution) from the parent/guardian of a minor student over the age of 10 and under 18. In instances of emancipated students or students over the age of 18, the restitution will be sought directly from the student. The Superintendent is further authorized, where appropriate under the law, in those instances of willful damage or destruction of School District property where a student’s actions bring him or her under the jurisdiction of the Family Court or the provisions of the Penal Law, to cooperate with the court in bringing charges and seeking restitution in an amount and manner of performance as determined by the court.
Records will be maintained according to School District building and shall include information on the date, time and nature of the incident, the estimated amount of the loss, the individual or individuals responsible and action(s) taken.
The Superintendent will notify the Board Of Education of incidents of vandalism as soon as practicable.
False Reporting of an incident and/or Placing a False Bomb
The Superintendent is also authorized to seek restitution from a parent/guardian of a minor student over the age of 10 and under 18, an emancipated student or a student over the age of 18, where the student has falsely reported an incident or has placed a false bomb as defined in New York State Penal Law. Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the District in responding to the false report of an incident or false bomb, less the amount of any funds which have been or will be recovered from any other source as set forth in law.
The Superintendent shall establish procedures for notification of law enforcement and the maintenance of accurate records of acts of vandalism (including false reporting of an incident or placing a false bomb) on or to School District property.
Cross-Ref: District Code of Conduct
Ref: Family Court Act §§ 757, 758-a
General Obligations Law, § 3-112
Penal Law §§ 60.27, 240.50, 240.55, 240.60, 240.61 and 240.62