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School districts have until April 19 to file requests to appear before the Council on Local Mandates on a complaint that challenges recent state special education regulations as unconstitutional.
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.
No Validity Several local school districts are contending that the regulation – which comes without state funding – has no educational validity, has no basis in federal special education policy, and will increase staffing and costs.
NJSBA plans to participate as amicus curiae in support of the local school districts.
“There is no justification for reducing the age range in classes where students of different ages have the same functional level” states the complaint filed by one of the school systems, the Atlantic County Special Services School District. “It creates a cost increase without providing an educational advantage.”
In a March 29 response to the complaints, the state attorney general said that county special services districts charge tuition “in an amount that offsets any additional direct expenditures (from property taxes).” The attorney general also stated that the reduction in age span does not constitute an unfunded mandate since it is imposed on both governmental and non-governmental entities.
Initially, five districts—the special services school districts of Atlantic, Bergen, Burlington and Cape May counties, as well as the Shamong Township Board of Education—filed appeals. The council consolidated their complaints into one action. Since then, the Maple Shade, Edgewater Park and Mount Holly school boards also filed objections and will appear before the council as amicus curiae.
Filing Information Other school boards interested in participating as amicus curiae must file a request by April 19. For information about filing procedures, contact Patricia A. Meyer, Council on Local Mandates executive administrator, at (609) 984-9730. |