NJSBA Helps School Boards Fight Costly Mandate

Association Offers Options for Required Training

Governor Replaces Schools Construction Corp.

Justices to Discuss Abbott

Monmouth Board Member Served 26 Years

Deadline Approaches for DA Resolutions

Workshop 2007 Deadlines Near

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A recent state regulation reducing the age range of students who could be served in the same special education classroom is a new unfunded state mandate and, therefore, violates a 1995 amendment to the state Constitution, the Council on Local Mandates ruled on July 26. As a result of the council’s ruling, the requirement is no longer in effect.

The ruling will relieve local school districts of significant and unnecessary expenditures, according to NJSBA, which participated in the case as amicus, or a ”friend of the court,” on behalf of local boards of education.

In court papers, several school districts estimated that the mandate would pose additional costs ranging from $400,000 to $2.5 million each.

NJSBA’s arguments backed the position of the four districts that filed complaints in the matter – the special services school districts of Atlantic, Bergen, Burlington and Cape May counties – as well as concerns expressed by elementary and K-12 districts. The Joint Council of County Special Services School Districts also served as a friend of the court.

Cost to Taxpayers At issue was a state regulation that reduced from four years to three the age range of children who could be placed in the same elementary-level special education classroom.

According to NJSBA, the regulation violated the state Constitution because it came with no state funding to offset additional costs that would have resulted from the mandate.  For example, a school district that operated a special education class that served children ages 9 through 12 would have to reduce the age range of children in that class by one year, so that it would instead encompass students ages 9 through 11, or 10 through 12. Such a change would require the school district to expend funds to create an additional class and to employ more staff.

No Education Need The new regulation would “have a significant fiscal and programming effect — without sufficient educational benefits to justify the harm,” NJSBA argued.  Moreover, it was not required by federal special education policy, which would have made it permissible under the State Constitution.