Boards Must Tell Mandates Council of Amicus Plans

Boards Must Tell Mandates
Council of Amicus Plans

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

NJSBA is planning to participate in the matter as amicus curiae. Local school boards interested in filing requests to appear as amicus must do so by April 19.

Regulation at Issue At issue is a regulation that reduces, from four years to three, the age range of children who could be placed in the same elementary-level special education class. 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.

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.

Notify Council To notify the council of intent to file, call (609) 984-9738.