The parents of a Salem middle school student who sneaked into a science classroom after hours and dumped hydrochloric acid have been asked to pay up, to the possible tune of $19,000.
In a lawsuit filed Monday, Salem-Keizer Public Schools also sues the student, who was 12 years old at the time of the June 2016 vandalism. Such a lawsuit is unusual -- it's rare for a district to sue a student, let alone parents.
The district accuses the mother and stepfather of failing to "exercise reasonable control" over their son. The suit claims the boy had accumulated a dozen disciplinary marks at Crossler Middle School in the eight months leading up to the damage and at least two behavioral episodes prompted calls home.
In the lawsuit, the school district cites a rarely used parental responsibility law, ORS 30.765, that states parents "shall be liable" for property damaged by their children. But the law also limits the amount to $7,500, meaning the school district may not be able to collect more than that from the parents.
The Oregonian/OregonLive isn’t identifying the boy because of his young age and the nature of the case. It also isn’t naming his parents, which would essentially identify the boy.
Reached by phone Tuesday, the boy's stepfather said he doesn't want to make excuses for his son because the boy caused damage. But he said several other students were in the classroom before his son who also should be on the hook for the bill.
He said his son was disciplined at home and by the school. Consequences included doing community service, missing playing in a championship immediately after the incident and being banned from another sports team about six months later.
According to the lawsuit, the boy and a friend started roaming the halls of the school, checking for unlocked classroom doors during a volleyball tournament. The two were able to get inside Room 106, a science classroom, and access a stash of hydrochloric acid, sulfuric acid, iodine and food coloring, the suit states. They dumped the chemicals across the room, causing $19,293 in damage, according to the suit.
The lawsuit doesn't state if the district sought payment from the friend.
A district spokesperson didn’t immediately respond to a request for comment Tuesday. Luke Reese, a Salem lawyer representing the district, also didn’t respond.
The parental responsibility law cited in the suit gained widespread attention in September after news broke that the prime suspect in starting the Eagle Creek fire in the Columbia River Gorge was a 15-year-old boy.
Under Oregon law, it’s possible the boy’s parents could be sued -- up to $7,500 a piece -- by people and organizations that have suffered financial damage from the fire. No arrest or charging decisions have been announced yet.
-- Aimee Green