TRENTON – After a lengthy legal battle, the state Commissioner of Education has overturned a ruling made by Lacey High School officials regarding a student whose conduct they claimed amounted to bullying.
Lacey High School officials alleged that a student identified by the initials J.S. committed an act of harassment, intimidation or bullying (HIB) when she plugged her ears and allegedly said “I’m going to need ear plugs to get through this part of the concert” when a fellow student started singing a solo performance during music class in May, 2014.
But the state has reversed this decision, finding that the girl’s alleged conduct failed to meet the legal definition of HIB.
“The Commissioner further concurs that the alleged conduct appears to stem from the students’ past relationship and was not motivated by an actual or perceived distinguishing characteristic of C.H,” the Commissioner Lamont Repollet’s office said in a written decision issued in October.