Legislative Update

Strategies for the Proposed School Budget

Epi-Pen Administration

On March 16, Gov. Corzine signed NJSBA-supported legislation that addresses emergency administration of epinephrine to students for anaphylaxis. Under S-79/A-961, a school nurse must designate other district employees to administer epinephrine to a student when the nurse is not physically present at the scene.
Special Ed Disputes

Legislation that would place the burden of proof on school districts in all due process hearings conducted to resolve special education issues was introduced March 15. S-2604/A-4076 resulted from a recommendation by New Jersey’s public advocate. Such action would circumvent a 2005 U.S. Supreme Court ruling strongly supported by the NJSBA. In Schaffer v. Weast, the court held that the burden of proof “is properly placed upon the party seeking relief,” who are usually the parents of the special education student. The Supreme Court’s decision overturned a 1989 New Jersey state court decision that had placed the burden on school districts whenever parents challenged a students individual education program. The issue has been addressed by the courts because the federal Individuals with Disabilities Education Act does not specify whether the parent or the district bears the burden of proof in a special education matter. Status: Referred to the Senate and Assembly education committees.