53A-11-806 - Defacing or injuring school property -- Student's liability -- Voluntary work program alternative.
53A-11-806. Defacing or injuring school property -- Student's liability -- Voluntarywork program alternative.
(1) Any student who willfully defaces or otherwise injures any school property may besuspended or otherwise disciplined.
(2) (a) Any school district whose property has been lost or willfully cut, defaced, orotherwise injured may withhold the issuance of official written grade reports, diploma, andtranscripts of the student responsible for the damage or loss until the student or the student'sparent or guardian has paid for the damages.
(b) The student's parent or guardian is liable for damages as otherwise provided inSection 78A-6-1113.
(3) (a) If the student and the student's parent or guardian are unable to pay for thedamages or if it is determined by the school in consultation with the student's parents that thestudent's interests would not be served if the parents were to pay for the damages, then, theschool district shall provide for a program of voluntary work for the student in lieu of thepayment.
(b) The district shall release the official grades, diploma, and transcripts of the studentupon completion of the voluntary work.
(4) Before any penalties are assessed under this section, the local school board shalladopt procedures to insure that the student's right to due process is protected.
(5) No penalty may be assessed for damages which may be reasonably attributed tonormal wear and tear.
(6) If the Department of Human Services or a licensed child-placing agency has beengranted custody of the student, that student's records, if requested by the department or agency,may not be withheld from the department or agency for nonpayment of damages under thissection.
Amended by Chapter 3, 2008 General Session