HUNTINGTON BEACH : Bias Probe Planned in Jimmy Peters Case

The U.S. Department of Education has agreed to investigate allegations of discrimination against the Ocean View School District made by the father of a 6-year-old student at the center of a bitter legal and educational dispute.

Steve Derring, branch chief in the complaints division of the Education Department’s civil rights office, said Tuesday that officials have decided to investigate the allegations. But he declined to discuss them.

Jim Peters filed the civil rights complaint June 22 on behalf of his son, Jimmy, alleging harassment by school officials, who on May 25 filed a locally unprecedented lawsuit to remove the child from his mainstream classroom at Circle View Elementary School. In the suit, the district contended that alleged violent outbursts by the boy posed a safety risk to other children and staff members.

But a federal judge ordered the school district June 8 to take Jimmy back into his kindergarten class, saying the district had failed to prove the child was a danger to himself or his classmates.

Peters, who has denied allegations that his son is violent, said Tuesday he believes the Education Department’s quick response to his complaint proves his allegations have merit.

Supt. James Tarwater, who said he has not seen the complaint, declined to comment.