Bill Text: NJ SCR76 | 2018-2019 | Regular Session | Introduced

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Bill Title: Proposes amendment to Constitution to change minimum and maximum local tax levy requirements for funding of public schools and minimum and maximum State support for special education.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-01 - Introduced in the Senate, Referred to Senate Education Committee [SCR76 Detail]

Download: New_Jersey-2018-SCR76-Introduced.html

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SENATE CONCURRENT RESOLUTION No. 76

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 1, 2018

 

 

Sponsored by:

Senator  JOSEPH PENNACCHIO

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Proposes amendment to Constitution to change minimum and maximum local tax levy requirements for funding public schools and minimum and maximum State support for special education.

 

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 Senate of the State of New Jersey (the General Assembly 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.  Maintenance and support shall be provided through the enactment, from time to time, of laws prescribing the components of a thorough and efficient system of free public schools.  These laws shall also provide for the funding of a system of free public schools, and shall provide that the general fund tax levy of a school district shall account for no less than 20 percent and no more than 80 percent, of a school district's total general fund expenditures, and that the State shall provide funding to each school district for no less than 80 percent and no more than 100 percent, of the excess costs of students who require special education services.

(cf: Art. VIII, Sec. I, 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 TO CHANGE PROPERTY TAX AND STATE SUPPORT REQUIREMENTS  FOR FUNDING PUBLIC SCHOOLS
	YES	Do you approve amending the Constitution to change the way public schools are funded?    Do you approve amending the Constitution to require a school district fund at least 20 percent of its budget through property taxes?    Do you approve amending the Constitution to provide that a school district will not fund more than 80 percent of its budget through property taxes?    Do you approve amending the Constitution to require the State fund at least 80 percent, and no more than 100 percent, of special education costs?
		INTERPRETIVE STATEMENT
	NO	This amendment to the Constitution changes how public schools in the State are funded.  Currently, school districts differ in the amount of their budgets that are funded with property taxes.  This amendment requires that a school district fund at least 20 percent of its school budget through property taxes.    This amendment also provides that a school district will not fund more than 80 percent of its school budget through property taxes.    This amendment requires that the State fund at least 80 percent, and no more than 100 percent, of special education costs.  Currently, the State is not required to fund any specific percentage.

 

STATEMENT

 

     This Senate Concurrent Resolution proposes a constitutional amendment to modify the "thorough and efficient" clause of the State Constitution.  The amendment specifies that the Legislature will enact laws prescribing the components of a thorough and efficient system of free public schools.  Additionally, the amendment stipulates that the Legislature will enact laws providing for the funding of public schools, including provisions requiring that school districts fund no less than 20 percent, but no more than

80 percent, of their general fund budgets through local property taxes.  The amendment also specifies that the State would be responsible for providing funding for at least 80 percent, and no more than 100 percent, of the excess costs of educating special education students.