P.O. Box 909 ● Trenton, NJ 08605-0909 ● Phone: 609.695.7600 ● Fax: 609.695.0413 ● Web: www.njsba.org/PI

NJSBA Testifies Before the Red Tape Review Group

LINCROFT, March 10, 2010 — NJSBA testified Tuesday before the bipartisan Red Tape Review Group, headed by Lt. Gov. Kim Guadagno, on the topic of unfunded mandates. The panel, which is charged with examining the administrative rulemaking process in the state, met at Brookdale Community College in Lincroft.

Barbara Horl, of NJSBA’s governmental relations department, told the panel that NJSBA conducted a review of all state and federal education mandates in the mid-1990s; 234 specific requirements were identified.

Some mandates serve a distinct purpose in promoting sound school district governance, or benefit the health and safety of students, she said in her testimony. Others, however, are costly, do not yield effective results, or need adjustment to better balance the interests of New Jersey students and taxpayers.

Horl spoke about the success of state and federally mandated special education, but noted it has been a major cost driver for local school districts. The problems result from “chronic under-funding by the state and federal governments, and laws that weigh heavily against school boards when there is a dispute over the student’s Individual Education Plan,” she said. In particular, Horl urged the group to support the repeal of a 2007 statute that places the burden of proof in special education disputes on the local district, rather than on the party bringing a complaint. She also testified that NJSBA policy supports full state funding of extraordinary special education costs.

In discussing the Accountability Regulations, she pointed out that the Education Transition Team Report found many of the rules to be overly burdensome and onerous, and urged the commission to recommend suspension of the Accountability Regulations. “We agree with both the conclusion of the report and remarks of Acting Education Commissioner Schundler that it makes no sense to require endless reports, especially for districts that are high-performing and successful,” Horl said.

In addition to Lt. Gov. Guadagno, the Red Tape Review Group includes Senators Barbara Buono and Steve Oroho; Assemblymen John Burzichelli and Scott Rumana; Acting Department of Community Affairs Commissioner Lori Grifa; Acting Department of Environmental Protection Commissioner Bob Martin; and the chief counsel of the governor's office.

Another meeting of the review group is scheduled for March 23 at 3 p.m. at the Conference Center at Montclair State University, Valley Road & Normal Avenue, Montclair. The topic of that meeting will be “common sense principles for rulemaking.”

The full text of NJSBA’s March 9 testimony is available online.

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.