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NJ Anti-Bullying Law Declared Unconstitutional.

February 8, 2012

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We have previously <a href="http://blog.wcmlaw.com/2011/09/failure-to-prevent-bullying-liability-for-discrimination-3/">commented</a> on NJ's Bullying legislation.  The legislation has now been <a href="http://www.nj.com/newsflash/index.ssf/story/nj-board-finds-bullying-law-an-unfunded-mandate/5161576ff51a4138943b79ee5a3af83a">struck down</a> as unconstitutional by New Jersey's Council on Local Mandates.  The reason?  Because it required school districts to enforce a new law without first providing <a href="http://newyork.cbslocal.com/2012/01/28/advocates-scramble-after-council-rules-nj-anti-bullying-law-unconstitutional/">funding</a>.  We'll see if, in this era of tight budgets, there is legislative will to find the funding.  In the meantime, plaintiffs will be unable to argue that a failure to comply with the statute is <em>prima facie</em> evidence of negligence.
For more information about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com.

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