Six-grade student told another that "vegetarians are idiots."
State Commissioner of Education's office sides with Montgomery school district in bullying case. (File photo)MONTGOMERY -- A district's decision to discipline a sixth-grader for bullying in a 2014 incident in which he made derogatory remarks about a vegetarian classmate has been upheld by the state Commissioner of Education's office.
The student, referred to only as C.C. in court documents, told a fellow student, called K.C. in court documents, that "it's not good to not eat meat," that "he should eat meat because he'd be smarter and have bigger brains" and "vegetarians are idiots."
After an investigation of the incident by the school's anti-bullying specialist Lesley Haas, it was determined the comments were in violation of the state's Anti-Bullying Bill of Rights Act because they targeted a student's "distinguishing characteristic" and "substantially interfered with the rights of K.S. and had the effect of insulting or demeaning him," according to court documents.
As discipline, the school decided to assign C.C. to five lunch-time detentions in which he would have the opportunity to speak with staff about his comments in an effort to prevent future incidents. No other disciplinary action was recommended, according to court documents.
But C.C.'s parent objected to the discipline and brought the matter before the township Board of Education in Feb. 2015. After the Board ruled in favor of the school district, the parents filed a Petition of Appeals to the state Commissioner of Education in June 2015.
Anti-bullying or freedom of speak
On March 7, 2016, Administrative Law Judge John S. Kennedy sided with the school district and the state Commission of Education upheld his decision in an April 22, 2016 ruling.
Montgomery Superintendent of Schools Nancy Gartenberg, who agreed with Hass, didn't return a call Friday seeking comment.
Adam P. Wilson, the Lawrenceville-based attorney representing the parents of C.C., said he's disappointed in the decision. He said there is too broad an interpretation of the statute.
"If calling someone a vegetarian is a violation of the statue, almost any disparaging remark is a violation and an actionable offense," he said."We just feel it's too broad an interpretation of the statute. We're talking about a child."
Wilson said the parents will not appeal the state Commissioner of Education office's decision.
According to court documents, the case began on Oct. 30, 2014 when the two 11-year-old sixth-graders were having lunch in the cafeteria of Montgomery's Lower Middle School. During lunch, C.C. criticized K.S. about his vegetarianism.
In making his decision, Kennedy pointed to a Ridgewood case in which a student called another student a "horse" and "fat-ass," a Jefferson Township case in which remarks that a student "sucks at basketball," and a Tenafly case in which a student's comments about another with "head lice" were all deemed in violation of the state's anti-bullying act.
The school district reportedly spent $7,763 in legal fees on the case.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.