Panel Rules Anti-Bullying Law Unconstitutional
Montville Board of Ed president said it's good news for local school boards.
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A new anti-bullying law that went into effect in September, requiring schools to spend more time on training, paperwork, investigations and hearings, was found unconstitutional by a state panel on Friday because the law didn't provide funding for schools to satisfy the new rules, officials announced.
The ruling goes into effect in 60 days. The lead sponsor of the law, which was seen as one of the toughest in the nation, said legislators will try to find a way to make it work for everyone.
The state Council on Local Mandates issued the ruling Friday after hearing a case brought by the Allamuchy school district, which argued the law was unconstitutional because it was an "unfunded mandate" that diverted resources from other areas.
The Montville Board of Education this week unanimously approved a resolution supporting Allamuchy's position. School officials said counselors and anti-bullying specialists have spent a combined 810 hours this school year complying with the new law.
"It's good for local boards," Montville Board of Education President Dr. Karen Cortellino said of the ruling.
She said the challenge to the law has nothing to do with the spirit of the law, which she said is well-intentioned. But the ruling is a victory for school boards in that it shows the state it has to be careful about issuing new requirements at a time when budgets are strained, she said.
Districts can accomplish the same mission with less paperwork, she said.
The executive director of the New Jersey School Boards Association said the association would welcome the opportunity to work with the state to design a process that has adequate state financial support and doesn't divert resources from other critical programs.
“The Anti-Bullying Bill of Rights is a well-intentioned statute designed to ensure that no child is ever afraid to go to school because of harassment or intimidation,” association executive director Marie S. Bilik said. “Unfortunately, the legislation required more work prior to enactment, including consideration of the financial and staffing burdens placed on local school districts.”
Assemblywoman Valerie Vainieri Huttle (D-Bergen), the lead sponsor of the Anti-Bullying Bill of Rights, said the decision is "devastating" for bullied students and that she hopes the council's decision won't dilute districts' commitment to preventing bullying. She said she applauds the districts that have been working to implement the new law.
"This rarely used, shadowy fourth branch of government voted behind closed doors to dismantle a law sponsored by two-thirds of the legislature and approved and signed into law by the governor," she said in a news release. "Rest assured we will review the council's decision thoroughly to find a way to make this law workable for everyone."
Maxim Sapozhnikov
8:00 am on Saturday, January 28, 2012
The law is half wishful thinking and half NJEA funding boondoggle. It would be good to see it gone. I'm sure school counselors have enough work on their hands without it, too.
Cynthia
9:46 am on Saturday, January 28, 2012
Impressive move by our board for standing up to this and passing a resolution against it. The kids seem to be aware (or overly aware) of what bullying is as it has changed the culture. From what I hear the second something even slightly off color is said they report it. I'd rather have it done the 'old way'. and let the teacher work things out without the paper and telling the principal. Whether it is overkill for them, it's hard to say, but 810 hours of our administrators time spent on this is WAY too much. So, if the state wants this, pay up, but don't take from needed programs or stretch these already stretched out positions further with yet another politicians idea and give them no money to watch over it. It's a good idea, but needs to be toned down AND you gotta give towns the money to manage it IF you're gonna make 'em do it. Good job by our board.
Robert Bailey
8:34 am on Thursday, February 2, 2012
Wow...I'm amazed, the board saying the law is unconstitutional because they aren't getting funding in order to comply! Bravo!
But from day one, it seems no one cared if our children's rights were being forgotten, or even worse...ignored. When investigating alleged incidents, many children were forced to write and sign statements without the right of representation. It may sound silly, but children have constitutional rights too ... don't they? Forcing them to write and sign a statement such as this without even the benefit of speaking to their parents is just wrong. If the law requires this then shame on our legislators as well.
Cynthia made a great point on how this law has changed the culture in our schools already. From what I hear from my son and his friends, it has created more problems than it could ever hope to cure. Bullying is learned at home, teachers can not stop it, this idiotic law will not stop it, it will only create greater problems.
Of course it is sad that extreme events prodded our legislators to enact this law, but it was done as a knee jerk reaction, without considering the additional problems it will cause.