News Article

NJ Anti-Bullying Law Declared An Unconstititional Unfunded Mandate

By Phil Gregory, WBGO News
Trenton. January 27, 2012


New Jersey will need to provide some money to save the state’s revised anti-bullying law.

In a ruling that can’t be appealed, the state Council on Local Mandates determined the law is an unconstitutional unfunded mandate on school districts.

Council chairman Jack Sweeney says the ruling won’t take effect for about 60 days.

“The Legislature will obviously have now an opportunity to fix it, to amend it, to come into compliance, and if they’re going to make it a mandate to make it a funded mandate.”

The decision came in response to a complaint filed by the Allamuchy School District in Warren County.
School board president Francis Gavin argued the state would not provide reimbursement for thousands of dollars in costs to implement the law.

“In the grand scheme of things, is that a lot of money? Well maybe not to a large district, but to a small district like ours where we now now have the restrictions that are placed upon us by a fiscal perspective, frankly every penny counts.”

Allamuchy School District Superintendent Tim Frederiks says he’d like to see the anti-bullying law remain in place if the Legislature develops a funding source.

“We were just looking for some relief on those extra costs, especially for all the small districts in New Jersey and large districts as well. Now there’s going to be some resources to help us do it the right way, and hopefully the Legislature follows through and everything works out that way.”

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