7311 - Loss or Destruction of District Property or Resources
| Policy: Loss or Destruction of District Property or Resources | Policy Number: 7311 |
| Date of Original Policy: 07/10/2002 | Date Revision Adopted: 10/14/2020 |
| Reviewed by Policy Committee: 09/16/2020 | Date of Next Review: 09/24/2023 |
| Replacement of Policy Number: |
This District is authorized to seek restitution, through civil action when necessary, from the parent or guardian of an unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:
a) Has willfully, maliciously, or unlawfully damaged, defaced or destroyed real or personal property in the care, custody or ownership of the District
b) Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.
b) Has knowingly entered or remained in a District building, and wrongfully taken, obtained or withheld personal property owned or maintained by the District.
In instances where the District has sought and obtained a judgment from a court of competent jurisdiction, parent/guardian liability for civil damages shall not exceed $5,000.00. Under certain circumstances, prior to the entering of a judgment in the sum total of $500.00 or more, a court may consider the parent’s or guardian’s financial inability to pay any portion or all of the amount of damages which are in excess of $500.00, and enter a judgment in an amount within the financial capacity of the parent or guardian. However, no such judgment shall be entered for an amount which is less than $500.00.
False Reporting of an Incident or Placing a False Bomb
A School District is also authorized to seek restitution, as described in law, from a parent or guardian of and unemancipated student over the age of ten (10) and under the age of eighteen (18) where such student:
a) Has falsely reported an incident
b) Has placed a false bomb as defined in the New York State Penal Law
b) Has placed a false bomb as defined in the New York State Penal Law
Damages for falsely reporting an incident or placing a false bomb shall mean the funds reasonably expended by the School District in responding to such 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 enumerated in law.
In seeking restitution, the School District shall file with the court, the County district attorney and defense counsel an affidavit stating that the funds reasonably expended for which restitution is being sought have not been and will not be recovered from any other source or in any other civil or criminal proceeding, except as provided for pursuant to General Obligations Law Section 3-112.
General Obligations Law Section 3-112
Penal Law Sections 60.27, 240.50, 240.55, 240.60 and 240.61