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



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



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



(c)  The principal of the school in which the
vandalism occurred shall make or order an investigation of the vandalism.  If
after the investigation, the principal has reasonable cause to believe that a
specific pupil is responsible for the vandalism, the principal shall schedule a
conference with the pupil and the pupil's parents or guardian.  Except for the
principal of the school in which the vandalism occurred, the pupil and the
parents or guardian, no other person shall be permitted to be in the conference
for any reason.



(d)  At the conference, the principal of the
school in which the vandalism occurred shall present the findings of the
investigation and the requirements of restitution to the pupil and parents or
guardian.



If the pupil and the parents or guardian agree
with the findings of the principal and the manner in which restitution is to be
made, the principal and the pupil and parent or guardian shall execute a
written agreement which shall specify the manner in which restitution is to be
made.



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



If restitution is made in this fashion, then no
information about the investigation, conference, and the actions taken shall be
communicated to any person not directly involved in the proceedings.



If the pupil and parent or guardian do not
agree with the findings made by the principal, the principal shall report the
findings, including all the records and documents regarding the investigation
and conference, to the complex area superintendent, who shall review the
findings and may refer the matter to the attorney general for any further
action pursuant to section 577-3.



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



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



 



Cross References



 



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