The Council on Local Mandates will decide the constitutionality of a state special education regulation that, five districts contend, constitutes an unfunded mandate.

The regulation at issue reduces, from four years to three, the age range of children who could be placed in the same elementary-level special education classroom.  For example, a school district could no longer provide a single special education class to children ages 7 through 10. Instead, it could only assign students ages 7-9 or 8-10 to that classroom. The district would have to place the other students in another class.

Complaints Filed Five boards of education filed complaints challenging the new requirement as an unfunded state mandate, which is prohibited by a 1995 amendment to the state constitution. The complaints have been consolidated into one procedure.

The districts contend that the state has not allocated the additional resources needed to implement the new regulation.

Participation Sought The Council on Local Mandates has notified NJSBA and other groups about the complaints, so they can consider submitting arguments as friends of the court (amici curiae).