Name-calling Bridgewater Raritan student 'school shooter' not bullying, state rules

The New Jersey Department of Education has ruled that it's not an act of bullying to call a Bridgewater-Raritan Middle School student who brought a Nerf gun to class a "school shooter."

Acting Commissioner of Education Kevin Dehmer has agreed with an administrative law judge's ruling that the Bridgewater-Raritan school district's decision to address the name-calling as a Code of Student Conduct violation, not as an act of bullying, was correct.

The mother of the child who was called a "school shooter" had appealed the district's decision not to investigate the name-calling as a bullying incident.

The case began in the 2021-22 school year, when the sixth grader brought a Nerf gun to school, according to court papers, The student received a 45-day suspension for violating the district's Code of Student Conduct.

When he returned in the 2022-23 school year as a seventh grader, other students began calling him a "school shooter" six different times, encouraged him to hurt himself and threatened to beat him up, according to court papers.

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Court papers say the others also called him "a loser" and “a piece of garbage.”

The mother reported the incidents to the school administration who determined that students who had made those statements had violated the Code of Student Conduct and were subsequently disciplined.

The school district told the mother that the incidents did not meet the state's criteria for bullying because his act of bringing a Nerf gun to school was not a "distinguishing characteristic" as required by state law.

Administrative Law Judge Kim Belin agreed with the district's determination that the name-calling was not based on the student's race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity or expression, or mental, physical or sensory disability, all of which are considered a "distinguishing characteristic" under state law.

The judge did find that it was "indisputable" that the name-calling was "wholly inappropriate and hurtful" and the discipline against the students was warranted.

However, "the students called (him) 'school shooter' because of his or choice of bringing the Nerf gun to school" and not on any "distinguishing characteristic," Belin wrote in the decision.

The acting commissioner of education agreed with the judge, saying that the school district's decision not to treat the name-calling as an act of bullying was "not arbitrary, capricious or unreasonable."

The mother has the option of appealing the decision to the Appellate Division of Superior Court.

Email: mdeak@mycentraljersey.com

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Name-calling NJ student 'school shooter' not bullying, state rules