CHERRY HILL TWP. — The Cherry Hill teacher placed on paid leave in 2012, after a hidden microphone appeared to catch school staff harassing a 10-year-old autistic student, will be reinstated this coming fall, according to the teacher's attorney.

In addition, Cherry Hill attorney Matthew Wieliczko, representing Horace Mann Elementary teacher Kelly Altenburg, has demanded the parent of the student remove the recording from YouTube, his personal website and from his social media posts.

Former Superior Court Judge Mary Eva Colalillo, who was recently sworn in as Camden County prosecutor, in May ruled that the recording violated state wiretapping and surveillance laws.

The father, Stuart Chaifetz, said Monday he has no intention of taking down anything.

"That judge's decision was an outrage," said Chaifetz in an email. "This was not a criminal case where the teacher was going to go to jail, this was only to see if a teacher who ruled over a classroom that was destroying an innocent boy's life should be allowed to keep her job."

Later, over the phone, he added, "We'll see what happens. If they follow through with their threat and sue me, I will respond in kind."

In an April 2012 YouTube video posted by Chaifetz, which has already attracted nearly 5 million views, the father explained that he had placed a recording device on his then 10-year-old son, Akian, after officials at Horace Mann Elementary School claimed he had been hitting staff.

In the resulting recording, one staff member can be heard bragging to another about how much she drank the night before. Chaifetz said in the video he believed this took place because the class only contains children with autism who have trouble communicating.

Later in the recording, a teacher speaks to students in a harsh tone, then tells a student — allegedly Akian — "shut your mouth."

More clips are presented later in the recording, allegedly including staff members dismissing and mocking Akian as he cried, but it was unclear from the audio what was being said.

In the aftermath, a substitute aide was not invited back to the district and a classroom aide resigned. Both were believed to have made abusive statements heard on the recording.

Altenburg, the teacher assigned to the classroom, was placed on paid leave. However, her attorney argued she had not been in the classroom at the time the abusive comments were recorded.

The attorney on Monday stated Altenburg had later been cleared of all bullying and harassment allegations by the school district and the New Jersey Department of Children and Families, each of which conducted investigations into the matter.

"After being cleared of all allegations of harassment, intimidation, bullying and abuse, the district nevertheless then served tenure charges against Kelly Altenburg," said Wieliczko in an email.

"Significantly, those tenure charges did not contain any reference to, or make allegations of, harassment, intimidation, bullying or abuse," he added. "The charges were, however, based entirely on an audio recording of the classroom obtained by Mr. Chaifetz when he placed a recording device in the pocket of his son's coat."

On May 1, the judge ruled that the recording violated the law, and thus could not be used as evidence against Altenburg by the district.

According to Wieliczko, Altenburg will return to the district next month.

Chaifetz said the teacher's return is an example of how "tenure has literally become a weapon used against parents and children."

"The teacher never had to face the charges — she just took advantage of a technicality in order to avoid facing them," he said. "The school district wanted to fire her. It's just completely wrong that she's getting her job back."

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Jason Laday may be reached at jladay@southjerseymedia.com. Follow him on Twitter @JasonLaday. Find the South Jersey Times on Facebook.