Procedural errors didn't warrant the reversal of the school board's decision, commissioner wrote.
BRIDGEWATER - The state has ordered the Bridgewater-Raritan Regional School District's Board of Education to conduct a hearing on an accusation that a 7-year-old girl with a speech impediment had been bullied by another student.
Acting Commissioner of Education Kimberly Harrington ruled last month that Administrative Law Judge Joseph Ascione "erred" when he reversed the school board's determination in October 2015 that a Crim School student bullied another girl on a school bus. Both girls are only identified by their initials in court documents.
Ascione also "erred" when he ordered any reference to the bullying be removed from the student's school record.
In his reversal, Ascione ruled the school board failed to issue a written decision; failed to review the investigation report prior to affirming the HIB charge against the student; failed to provide required information about the HIB investigation to petitioner in writing; and incorrectly advised the petitioner of the time frame for an appeal and how to properly request an appeal.
Although Harrington agreed with the judge that the school board made those procedural errors in the case, she wrote that the "remand of the matter to the board" for a hearing on the allegations "is the appropriate remedy," not a reversal of the board's decision. She also wrote that board must issue a proper written decision.
High school king, queen nixed over bullying
The "onus" is on the school board to provide the parents with the proper information as required by state law, Harrington wrote. She noted that the board had offered the parents of the girl accused of bullying numerous opportunities for a hearing, but that the parents declined those opportunities.
The incident occurred March 4, 2015, when the school's principal, Margaret Kerr, was told of four girls making fun of another girl with a speech problem on the way home from school.
The girl's father had sent an email to Kerr saying his daughter had come home crying for about a month because girls on the bus were "being very mean to her," according to the court documents.
The school ruled the incident was an act of bullying and sent the report to former Superintendent Victor Hayek, which was then affirmed by the Bridgewater-Raritan Board of Education.
The father of one of the four girls then appealed the decision, saying his daughter's actions did not amount to bullying and claimed the school violated the Anti-Bullying Bill of Rights Act by not adhering to the timeline established by the statute.
The judge reversed the ruling on Oct. 28 and ordered any reference to the alleged bullying be removed from the student's record.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.