NCJ Number
89994
Journal
Journal of Law and Education Volume: 11 Issue: 2 Dated: (April 1982) Pages: 147-170
Date Published
1982
Length
24 pages
Annotation
This paper examines the conditions under which a student or his/her parents can be required to make restitution for damages by the student to public school property.
Abstract
School districts presently have recourse in 46 States to 'parental liability' statutes, which impose vicarious liability on parents for the torts of their unemancipated children. Despite the public pressure which influenced the passage of these statutes, the laws have rarely been used or tested in the courts by the schools. The parental liability statutes probably meet the 'rational basis test' for constitutionality under the due process clause of the 14th amendment, since these laws do have the rational purposes of reducing juvenile delinquency and vandalism as well as compensating victims. There is also a reasonable relationship between these purposes and the group (parents) which they classify. Whether these laws could pass the 'strict scrutiny' test of constitutionality under the due process clause is a more questionable issue. The decision as to whether a compelling state interest is served would be influenced by the prevailing social and legal climate. Qualifications that may be placed on a vandalism restitution statute are (1) whether the damage was intentional or accidental, (2) the age of the juvenile, (3) the specification of who is a 'parent' and under what circumstances the parent is responsible for the control of the child, (4) whether the school district must sue to collect damages, and (5) the percentage of the actual damage costs that may realistically be collected through restitution. A total of 142 footnotes are provided.