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1-26-12 'Warren County school district challenges N.J. anti-bullying law'
(GSCS FYI: The Council on Local Mandates is holding a hearing on this issue tomorrow.)

Star Ledger - Warren County school district challenges N.J. anti-bullying law… “The New Jersey State Bar Association filed a brief supporting the anti-bullying law as constitutional, while the Ridgewood and River Vale school districts submitted resolutions in favor of Allamuchy...But while school districts across the state say they support the idea of eradicating bullying, many have complained provisions of the new law are costly and time-consuming.

Star Ledger - Warren County school district challenges N.J. anti-bullying law… “The New Jersey State Bar Association filed a brief supporting the anti-bullying law as constitutional, while the Ridgewood and River Vale school districts submitted resolutions in favor of Allamuchy.

Published: Thursday, January 26, 2012, 8:30 AM Updated: Thursday, January 26, 2012, 9:22 AM

By Jeanette Rundquist/The Star-LedgerThe Star-Ledger

ALLAMUCHY — A Warren County school district has taken on the state’s new anti-bullying law, claiming in a complaint that the measure creates extra costs for districts but doesn’t provide the money to pay for them.

The Allamuchy Township district, which has 427 students, filed the complaint with the state Council on Local Mandates, arguing the law would cost the district $6,000 this year for training, plus more in the future. The law also requires districts to create new job titles, such as anti-bullying coordinator, which Allamuchy says will be costly and difficult to do with its small staff.

"We’re not against the intent of the legislation, we’re questioning why we’re not getting additional funds, resources or training to help us implement it," Superintendent Timothy Frederiks said.

The state Department of Education said the law is not an unfunded mandate. In its brief, the state said the anti-bullying measure ensures students receive the education with which they must be provided under the New Jersey constitution — without threat of harassment, intimidation and/or bullying.

The state also argues the new measure is a revision of an earlier law and that districts can meet their requirements without additional costs.

"A line of New Jersey Supreme Court cases have stressed the necessity of schools to protect the safety of its students," Deputy Attorney General Daniel F. Dryzga Jr. wrote. "This duty also extends to peer on peer (harassment, intimidation and bullying)."

The Council on Local Mandates rules on whether state laws or regulations impose unconstitutional "unfunded mandates" on school districts or local governments. A hearing is scheduled for tomorrow on the Allamuchy complaint. The council could decide the case or request additional testimony and argument, said Chairman John Sweeney, a retired Superior Court judge.

The council has issued about a dozen decisions in the past decade, including one in 2007 pertaining to special education class-age groupings that saved school districts about $800,000 a year, New Jersey School Boards Association spokesman Frank Belluscio said.

"If the council finds that the Anti-Bullying Bill of Rights constitutes an unfunded mandate, it would represent a significant development," he said.

Belluscio said his group has heard concerns from school districts about the demands of implementing the anti-bullying law, and may seek legislative action. The association later this month plans to survey school districts about any administrative burden or extra costs they have incurred, with an eye toward drafting any needed change, he said.

In September, New Jersey implemented the Anti-Bullying Bill of Rights, known as the toughest such law in the country. It was spurred, in part, by the suicide in 2010 of a Rutgers University freshman whose roommate allegedly spied on him, with a webcam, during an intimate encounter with another man.

But while school districts across the state say they support the idea of eradicating bullying, many have complained provisions of the new law are costly and time-consuming.

Both the state and Allamuchy have found supporters.

The LGBTQ Caucus of Rutgers School of Law in Newark wrote to the council in support of the state position. Caucus President Iris Bromberg said the group wants to maintain and safeguard the rights of all students.

"Some of our members have attended school in New Jersey school districts and are aware of the problems of bullying in our schools," she wrote.

The New Jersey State Bar Association filed a brief supporting the anti-bullying law as constitutional, while the Ridgewood and River Vale school districts submitted resolutions in favor of Allamuchy.

Related topics: allamuchy, ridgewood, river-vale, tyler-clementi