Dear Judy,
I have a question about an incident in my daughter's school. One of her classmates disposed of my daughter's home keys and a cell phone in a garbage can. He admitted going through her book bag when she wasn't around. The school officials had a meeting with his parents, and the boy said he is sorry. Nobody contacted me from the school. I found out what happened myself. I called the assistant principal this morning, and she told me that school is not responsible for lost items, and I can file a police report if I want to be reimbursed by the parents of that boy. Could you please tell me what should I do in this case? Is the school really not responsible for anything? What about safety?
Upset Parent
Dear Upset Parent,
Is the school responsible for the loss? Although there is a process, spelled out in Chancellor's Regulation A-412, that the school must follow when a student is robbed on or near school property, including writing up an incident report and a range of punishments for the student who is responsible for the theft, there is no mention of the schools' liability for the items stolen. The Department of Education's Discipline Code, which you should have a copy of, also has a detailed list of possible infractions and punishments but does not mention a victim's compensation or a school's liability. You should also ask for a copy of your school's specific safety plan to check if it includes any options for recourse.
Even if the school is responsible, going through a legal process will probably take more time and legal fees than the items are worth. You should still, however, file a police report. The police report and the school's report of the theft, which is called an incident report, are important documentation in case you need to establish the need for a safety transfer.
If the school is not legally responsible for your daughter's items, it is still responsible for handling the situation properly. They have already failed to notify you and show you the incident report, as the Chancellor's Regulation requires. Now the principal or guidance counselor should set up a conference with the boy's parents to discuss how you can be repaid. Depending on the age of the child, there might be an arrangement for him to earn the money, or the parents might agree to reimburse you. If the principal or his designee won't help arrange this meeting, call the district family advocate and other Department of Education contacts, such as office of School and Youth Development, (718) 935-4357, or the Office of Legal Services, (212) 374-6888
I hope this resolves in a peaceful way.
Judy
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