A Middlesex County school district has prevailed in due process matter centering on bullying and school safety.
The case involves a girl who is blind and, according to the parent’s petition, had been knocked down in the hallway, called names, pushed down steps and injured at her public school. Because the girl is blind, she could not identify her harassers. The parent’s petition sought either an out-of-district program, or a 1:1 aide and better use of school wide security cameras in a pubic school program.
The district asserted that the parent’s petition failed to identify any special education dispute, and argued therefore, that there was not a case under IDEA.
In the decision the ALJ agreed with the district, finding that the parent’s petition failed to state a special-education claim under the IDEA and therefore was insufficient to permit resolution of a special education hearing in favor of the parent.
The decision did suggest, however, possible violations related to New Jersey’s Anti-Bullying Bill of Rights, which requires school district adopts a policy prohibiting harassment, intimidation, or bullying (HIB).
OAL DKT. NO. EDS02063-17
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