State To Hear Bridgewater Case of 7-Year-Old Who Bullied Another with Speech Disability

BRIDGEWATER, NJ — The State ruled Bridgewater-Raritan Regional School District should hold a hearing on the accusation that a 7-year-old with a speech disability was bullied by four girls on the school bus, according to state documents.

This case has been ongoing since March 2014 when the alleged bullying incident occurred. The school district conducted their investigation and found that the second-grade Crim School students had committed an act of bullying against the other girl, according to the commissioner's decision.

A father of one of the four girls accused retained Bruce LiCausi's law firm in Raritan and filed an appeal against the school district to reverse the Board’s determination that his daughter committed a bullying offense and to remove any reference to the alleged incident from her school records. Both girls are only identified by their initials in court documents, according to the decision.

Administrative Law Judge Joseph Ascione ruled against the school board in October 2016 and in favor of the girl's father.

Ascione ruled that the Board committed four procedural errors:

1. failed to issue a written decision as required in the Act,
2. failed to review the investigation report prior to affirming the Harassment Intimidation Bullying charge against the girl
3. failed to provide the required information about the HIB investigation to petitioner in writing,
4. incorrectly advised petitioner that there was a 10-day limitation on requesting an “appeal” before the Board, and that such request must be made in writing.

Last month, New Jersey State Department of Education Acting Commissioner Kimberley Harrington ruled against Ascione, claiming to agree in part and disagree in part with his determination, according to the commissioner's decision.

Commissioner ruled "there were procedural errors made in this case, but found that the [Ascione] erred in ordering the reversal of the HIB finding and the removal of reference to HIB from [the child's] record. Accordingly, the Commissioner ordered the Board to conduct a hearing and issue a proper written decision in this matter."

LiCausi's firm is filing an appeal over the Commissioner's decision at the Appellate Division level as it doesn't make sense to bring up an incident that happened so long ago and most likely the children don't remember. The girls are reportedly friends now as well, according to LiCausi.

A comment from either the Bridgewater-Raritan Regional School District or Bruce LiCausi's law firm was not immediately available.

(Image via Morguefile)

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