BOARD POLICY - 5131.5
The Irvine Unified School District believes it is the responsibility of every student to respect and maintain school property. Employees of the District share a similar responsibility to preserve and protect school property, thereby insuring maximum use and return of money invested in the education of the students of Irvine. Employees are asked to assist in minimizing property destruction by regularly employing strategies with students which teach respect for private and community property.
Such strategies shall include programs which emphasize that destruction of property will not be tolerated and that those involved will be disciplined and always required to provide full restitution, including all direct and indirect costs associated with such restitution. Additional consequences include detention, suspension, community/school service, referral to the Irvine Police Department and, in extreme circumstances, a recommendation to the Board of Education for expulsion from school. Students and staff are encouraged to report any graffiti or vandalism to the principal or designee for investigation. The principal or designee shall determine whether the incident necessitates an additional investigation pursuant to the District's sexual harassment, hate-motivated behavior, or nondiscrimination grievance procedure. Photographs or other evidence of the vandalism or graffiti shall be preserved as necessary for investigation by the District or law enforcement and as evidence in any District disciplinary proceedings.
The principal or designee shall ensure that graffiti on school grounds is removed and covered as soon as possible, and if practicable before the beginning of the school day.
The Board of Education shall seek full restitution from any individual or the parents/guardian of minors who commit any act of vandalism in the amount of the damage, including direct and indirect costs.
Vandalism includes negligent, willful or unlawful damaging of any District-owned real or personal property. The student and the parents/guardian having custody or control of a minor who commits an act of vandalism will be held liable for that act as indicated in Education Code 48904 and Civil Code 1714.1. After affording the student his/her due process rights, the District may withhold the diploma and transcript of the student until full payment for damages has been provided in accordance with Section 48904 of the Education Code. Any student who commits an act of vandalism shall also be subject to disciplinary action as indicated in Section 48900 of the Education Code.
In addition to making every effort to recover payment for damages caused by vandalism, staff will provide parents/guardian with appropriate intervention strategies.
48900 Grounds for suspension or expulsion
48904 Willful misconduct, limit of liability of parent or guardian
48904.3 Withholding grades, diplomas, or transcripts of pupils causing property damage or injury
51.7 Right to be free from violence
52.1 Discrimination liability
1714.1 Liability of parent or guardian for act of willful misconduct by a minor
53069.5 Reward for information
594.1 Aerosol containers of paint
594.2 Intent to commit vandalism or graffiti
594.6 Vandalism or graffiti, community service
640.5 Graffiti; facilities or vehicles of governmental entity
CODE OF REGULATIONS, TITLE 5
305 Student responsible for care of property
California Department of Education: http://www.cde.ca.gov
Policy Adopted: December 9, 1991
Policy Revised: July 11, 2017