Bill Text: NJ ACR117 | 2012-2013 | Regular Session | Introduced

New Jersey Assembly Concurrent Resolution 117 (Prior Session Legislation)

Introduced

Bill Title: Proposes an amendment to the Constitution requiring the State to pay the costs of special education.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-02-16 - Introduced, Referred to Assembly Education Committee [ACR117 Detail]

Download: New_Jersey-2012-ACR117-Introduced.html

ASSEMBLY CONCURRENT RESOLUTION No. 117

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED FEBRUARY 16, 2012

Sponsored by:

Assemblyman HERB CONAWAY, JR.

District 7 (Burlington)

SYNOPSIS

Proposes an amendment to the Constitution requiring the State to pay the costs of special education.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article VIII, Section IV of the Constitution of the State of New Jersey by adding a new paragraph.

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

Amend Article VIII, Section IV by the addition of a new paragraph 4 to read as follows:

4. In order to provide property tax relief, the State shall pay all costs, other than costs supported by federal revenue, of special education for children who are eligible for programs and services which are mandated by State or federal statutes or regulations. The eligibility of a child for a special education program or service shall be determined by the State.

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		STATE REQUIRED TO PAY SPECIAL EDUCATION COSTS
	YES	Shall the amendment to Article VIII, Section IV of the Constitution, agreed to by the Legislature, that in order to provide property tax relief, the State shall pay all costs of special education for children who are eligible for programs and services which are mandated by State or federal statutes or regulations and that the eligibility of a child for a special education program or service shall be determined by the State, be approved?
		INTERPRETIVE STATEMENT
	NO	This amendment to the Constitution of New Jersey provides that in order to provide property tax relief, the State shall pay all costs, other than costs supported by federal revenue, of special education for children who are eligible for programs and services which are mandated by State or federal statutes or regulations and further provides that the eligibility of a child for a special education program or service shall be determined by the State. At the present time, State and federal aid is provided for part of the costs of special education for children who are classified by a school district as eligible for a program or service, and the district is responsible for the balance of the costs.

STATEMENT

This proposed amendment to the Constitution provides that in order to provide property tax relief, the State would pay all costs of special education for children who are eligible for programs and services which are mandated by State or federal statutes or regulations and further provides that the eligibility of a child for a special education program or service would be determined by the State. At the present time, State and federal aid is provided for part of the costs of special education for children who are classified by a school district as eligible for a program or service, and the district is responsible for the balance of the costs.

The increasing number of students and the increasing costs of special education for those students have created a serious shortfall in many school district budgets, which in turn leads to a necessary increase in local property taxes. In addition, some small districts are now required to pay nearly $200,000 per pupil for out-of-State special education placements. Under federal and State mandates, all classification and program decisions made by the special education staff must be fully funded regardless of other budget priorities or the availability of resources in the school district.

If this proposed constitutional amendment is approved, the State would be responsible for all special education costs, continuing to ensure that the needs of special education students are fully met, while school districts would be responsible only for the local share of regular education costs.