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P.O. Box 909 ● Trenton, NJ 08605-0909 ● Phone: 609.695.7600 ● Fax: 609.695.0413 ● Web: www.njsba.org/PI |
NEWS RELEASE CONTACT: Frank Belluscio (fbelluscio@njsba.org) FOR IMMEDIATE RELEASE Mandates Council Rules in Favor of Local Boards of Education TRENTON, July 27, 2007 - The Council on Local Mandates yesterday ruled that a recent state regulation reducing the range of ages of students in special education classes is an unfunded state mandate and, therefore, violates a 1995 amendment to the state Constitution. The ruling will relieve local school districts of significant and unnecessary expenditures, according to the New Jersey School Boards Association. As a result of the council's ruling, the state regulation is no longer in effect. NJSBA presented arguments in the matter as a "friend of the court," supporting the position of four school districts that had filed complaints with the Council on Local Mandates: the Atlantic County Special Services School District; the Bergen County Special Services School District; the Burlington County Special Services School District; and the Cape May County Special Services School District. The Joint Council of County Special Services School Districts also served as a friend of the court. Cost to Taxpayers At issue was a state regulation that reduced from four years to three the age range of children who could be placed in the same elementary-level special education classroom. According to NJSBA, the regulation violated the state Constitution because it came with no state funding to offset additional costs that would have resulted from the mandate. For example, a school district that operated a special education class that served children ages 9 through 12 would have to reduce the age range of children in that class by one year, so that it would instead encompass students ages 9 through 11, or 10 through 12. Such a change would require the school district to expend funds to create an additional class and to employ more staff. No Education Need The new regulation would "have a significant fiscal and programming effect—without sufficient educational benefits to justify the harm," NJSBA argued. Moreover, it was not required by federal special education policy, which would have made it permissible. Dollar Impact In court papers, the school districts that issued complaints illustrated the potential cost of the unfunded mandate:
Impact on All Boards In its brief, NJSBA countered arguments by the state attorney general that the new regulation was not an unfunded mandate. The attorney general stated that the four county special services school districts that filed complaints could simply recoup the additional costs by increasing the tuition they charge to the other public school districts from which they receive students. NJSBA argued that, in spite of that fact, costs of the new requirement would still fall on local school districts and taxpayers. The Association stated that the attorney general did not consider the financial impact on school districts that pay tuition to county-based public school districts or which provide their own programs. For example, in court papers compiled by the Joint Council of County Special Services School Districts, Ewing Township school officials estimated that it could cost as much as $2.54 million to implement the new mandate in their district's special education program. NJSBA attorneys also presented information from a statewide survey conducted as part of its upcoming report on the cost of special education in New Jersey (to be released in September). That research showed that 52 percent of school districts found that reduction of the age range would have a significant financial impact on their operations. The Council on Local Mandates was established as a result of voter approval of a 1995 amendment to the state Constitution, which precluded the state from placing new unfunded mandates on local governments and school districts. The council hears complaints and resolves disputes over whether a state law, rule or regulation imposes an unfunded mandate. ****** The New Jersey School Boards Association, a federation of district boards of education, advocates the interests of school districts, trains local school board members, and provides resources for the advancement of public education. |
