§302A-1153  Vandalism damage to publicschool property.  (a)  Any pupil found to be responsible for an act ofvandalism against any public school, building, facility, or ground shall makerestitution in any manner, including monetary restitution by the pupil orpupil's parents, or guardian, or both.

This section shall be in addition to, and shallin no way limit the provisions of any other law concerning, offenses againstproperty rights.

(b)  No pupil, parent, or guardian shall berequired to make restitution in any manner unless the pupil and the parents orguardian have been notified and have been given an opportunity to be heard, onany report of vandalism involving the pupil, and the pupil, parent, or guardianhave executed a written agreement to make restitution.

(c)  The principal of the school in which thevandalism occurred shall make or order an investigation of the vandalism.  Ifafter the investigation, the principal has reasonable cause to believe that aspecific pupil is responsible for the vandalism, the principal shall schedule aconference with the pupil and the pupil's parents or guardian.  Except for theprincipal of the school in which the vandalism occurred, the pupil and theparents or guardian, no other person shall be permitted to be in the conferencefor any reason.

(d)  At the conference, the principal of theschool in which the vandalism occurred shall present the findings of theinvestigation and the requirements of restitution to the pupil and parents orguardian.

If the pupil and the parents or guardian agreewith the findings of the principal and the manner in which restitution is to bemade, the principal and the pupil and parent or guardian shall execute awritten agreement which shall specify the manner in which restitution is to bemade.

Agreements shall be made only for damages thatdo not exceed $3,500.

If restitution is made in this fashion, then noinformation about the investigation, conference, and the actions taken shall becommunicated to any person not directly involved in the proceedings.

If the pupil and parent or guardian do notagree with the findings made by the principal, the principal shall report thefindings, including all the records and documents regarding the investigationand conference, to the complex area superintendent, who shall review thefindings and may refer the matter to the attorney general for any furtheraction pursuant to section 577-3.

(e)  If the damages exceed $3,500, theprincipal shall report the matter to the complex area superintendent, who shallrefer the matter to the attorney general for any further action pursuant tosection 577-3.

(f)  Notwithstanding any provisions in thissection to the contrary, the State may elect to bring any appropriate actionfor the recovery of all damages to school properties.  Nothing in this sectionshall limit the right of the State to bring an action against any person torecover these damages. [L 1996, c 89, pt of §2; am L 2003, c 187, §11]

 

Cross References

 

  Responsibility for damages to textbooks, equipment, andsupplies, see §302A-1130.5.