ASSEMBLY CONCURRENT RESOLUTION No. 184

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 9, 2011

 


 

Sponsored by:

Assemblywoman  CAROLINE CASAGRANDE

District 12 (Mercer and Monmouth)

 

 

 

 

SYNOPSIS

     Proposes an amendment to Constitution specifying the Legislature’s right to determine how to provide for the maintenance and support of a thorough and efficient system of free public schools.

 

CURRENT VERSION OF TEXT

     As introduced.

  


A Concurrent Resolution proposing to amend Article VIII, Section IV, paragraph 1 of the Constitution of the State of New Jersey.

 

     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, paragraph 1, to read as follows:

     1.    The Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years.  Nothing contained herein shall require any minimum or establish any maximum amount of funds to be provided by the State, or in any way restrict, limit, or otherwise affect the right of the Legislature to regulate funding of a thorough and efficient system of free public schools in the manner and to the extent the Legislature determines to be appropriate.

(cf: Art. VIII, Sec. IV, par.1)

 

     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:

 

 

 

CONSTITUTIONAL AMENDMENT SPECIFYING LEGISLATURE’S RIGHT TO DETERMINE HOW TO FUND PUBLIC SCHOOLS

 

YES

Do you approve the amendment to Article VIII, Section IV, paragraph 1 of the New Jersey Constitution making it clear that the Legislature has broad discretion to make decisions about funding the public schools?  The amendment states that nothing in the constitutional provision requiring the Legislature to provide for a thorough and efficient system of free public schools shall restrict, limit, or otherwise affect the Legislature’s right to regulate public school funding in the manner and to the extent the Legislature determines to be appropriate.  The amendment also declares that nothing in that constitutional provision shall require any minimum or maximum amount of funds to be provided by the State for the funding of public schools.

 

 

INTERPRETIVE STATEMENT

 

NO

 

 

 

 

 

 

 

 

 

 

 

This proposed constitutional amendment adds language to the existing constitutional provision requiring the Legislature to maintain and support a thorough and efficient system of free public schools.  The purpose of the new language is to make it clear that the Legislature has broad discretion to make decisions about funding the public schools.  The new language states that nothing in the existing constitutional provision means that the State is required to provide a minimum or maximum funding level for the public schools.  It also states that nothing in the existing provision restricts, limits, or otherwise affects the Legislature’s right to regulate public school funding in the way the Legislature decides is correct.

 


STATEMENT

 

     This proposed constitutional amendment specifies that the Legislature has the right to determine how it will provide for the maintenance and support of a thorough and efficient system of free public schools, and that nothing in the Constitution’s education clause will be interpreted as requiring a minimum or establishing a maximum amount of State funds that must be dedicated for such maintenance and support.