We have previously commented on NJ’s Bullying legislation. The legislation has now been struck down 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 funding. 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 prima facie evidence of negligence.
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