San Francisco Unified School District and County Office of Education

Board Policy 3515.4

Recovery For Property Loss Or Damage

 

This Board Policy applies to the San Francisco Unified School District and the County Office of Education.

 

The Governing Board desires to create a safe and secure learning environment and to minimize acts of vandalism and damage to school property. When District property is damaged due to the willful misconduct of a student or other person, the District shall seek reimbursement of damages, within the limitations specified in law, from the parent/guardian of a minor child or from any other responsible individual.

 

(cf. 0450 – Comprehensive Safety Plan)

(cf. 3515 – Campus Security)

(cf. 4156.3/4256.3/4356.3 – Employee Property Reimbursement)

(cf. 4158/4258/4358 – Employee Security)

(cf. 5131 – Conduct)

(cf. 5131.5 – Vandalism and Graffiti)

(cf. 5136 – Gangs)

(cf. 5144.1 – Suspension and Expulsion/Due Process)

 

The District may collect debt owed by a student or former student as a result of vandalism or to cover the replacement cost of District books, supplies, or property loaned to a student that the student willfully fails to return or that is willfully cut, defaced, or otherwise injured. However, this policy shall not apply to a student who is a current or former homeless or foster child or youth.  (Education Code 48904, 49014)

 

(cf. 5125.2 – Withholding Grades, Diploma or Transcripts)

(cf. 6173 – Education for Homeless Children)

(cf. 6173.1 – Education for Foster Youth)

 

Rewards

 

The Board may offer and pay a reward for information leading to the determination of the identity of, and the apprehension of, any person who willfully damages or destroys any District property.  (Government Code 53069.5)

 

The Board authorizes the Superintendent or designee to offer a reward in any amount deemed appropriate, not exceeding ,500. A reward in excess of ,500 shall be authorized in advance by the Board.

 

The Superintendent or designee shall disburse the reward when the guilt of the person responsible for the act has been established by a criminal conviction or other appropriate judicial procedure. If more than one person provides information, the reward shall be divided among them as appropriate.

 

 

Legal Reference:

EDUCATION CODE

19910   Libraries, malicious cutting, tearing, defacing, breaking or injuring

19911   Libraries, willful detention of property

44810   Willful interference with classroom conduct

48904   Liability of parent/guardian for willful misconduct

49014   Public School Fair Debt Collection Act

CIVIL CODE

1714.1   Liability of parent or guardian for act of willful misconduct by a minor

GOVERNMENT CODE

53069.5   Reward for information concerning person causing death, injury, or property damage

53069.6   Actions to recover damages

54951   Local agency, definition

PENAL CODE

484   Theft defined

594   Vandalism

594.1   Aerosol paint and etching cream

640.5   Graffiti; facilities or vehicles of governmental entity

640.6   Graffiti

 

Management Resources:

WEB SITES

CSBA: http://www.csba.org

California Department of Education: http://www.cde.ca.gov

Judicial Council of California: http://www.courts.ca.gov

 

 

Please note that compare references, or “cf”, refer to CSBA model policies and do not necessarily indicate that the San Francisco Unified School District has adopted the referenced policy.


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BookBoard of Education Policies
Section3000 Business And Noninstructional Operations
TitleRecovery For Property Loss Or Damage
Code3515.4
StatusActive
AdoptedJune 11, 2019
Cross ReferencesSecond Reading: June 11, 2019Rules Committee: June 3, 2019First Reading: May 14, 2019

Administrative Regulation: Recovery For Property Loss Or Damage