ASSEMBLY CONCURRENT RESOLUTION No. 58

 

STATE OF NEW JERSEY

 

INTRODUCED FEBRUARY 5, 1996

 

 

By Assemblymen LeFEVRE, BLEE, Asselta, Gibson and Assemblywoman Wright

 

 

A Concurrent Resolution proposing to amend Article VIII, Section IV of the Constitution of the State of New Jersey by adding a new paragraph 4.

 

         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 hereby 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 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 ( ) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check ( ) 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 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.

 

 

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.


    Special education students currently make up 16.1 percent of the overall student enrollments in New Jersey. Between 1977 and 1993, the percentage of students in the State who were classified for special education rose 79 percent, and the proportion of classified students is now the second highest in the nation. 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.

 

 

                            

 

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