Home > Uncategorized > No Surprise: NH Supreme Court Finds Funding Levels Unconstitutional… A HUGE Surprise Would Be Having Anything Happen as a Result

No Surprise: NH Supreme Court Finds Funding Levels Unconstitutional… A HUGE Surprise Would Be Having Anything Happen as a Result

June 7, 2019

The Advancing New Hampshire Public Education (ANHPE) blog posted a synopsis of NH Superior Court Judge Ruoff’s 98-page decision on the constitutionality of the current funding in NH and once again it was determined to be unconstitutional. Here are a few choice tidbits from the judge’s decision as gleaned from the ANHPE post:

  • “RSA 198:40-a,II(a) sets the current base adequacy aid award for all schools at $3,562.71 per student, based on a formula determined by a legislative committee in 2008. The parties agree that not a single school in the State of New Hampshire could or does function at $3,562.71 per student. ”Because of the dearth of evidence in the legislative record to support such a
    determination, the Court finds RSA 198:40-a,II(a)—which is essentially the gateway to an adequate education in New Hampshire—unconstitutional as applied to the Petitioning school districts.”
  • “Labels aside, we are simply unable to fathom a legitimate governmental purpose to justify the gross inequities in educational opportunities evident from the record…”
  • The distribution of a resource as precious as educational opportunity may not have as its determining force the mere fortuity of a child’s residence. It requires no particular constitutional expertise to recognize the capriciousness of such a system.
  • “As repeatedly found above, the Joint Committee’s [that determined the adequacy funding formula] conclusions were not only unsupported by the legislative record but were clearly or demonstrably inadequate according to the Legislature’s own definition of an adequate education.”
  •  “As every court decision on the matter has recognized, school funding is no small task, and the burden on the Legislature is great. Yet, as every court decision has similarly recognized, the Legislature is the proper governmental body to complete it. As has been the result in the past, the Court expects the Legislature to respond thoughtfully and enthusiastically to funding public education according to its constitutional obligation.”

The Governor’s reaction was as unsurprising as the judge’s decision… and completely contradicts the findings in bold red italics above:

Governor Sununu issued a statement saying, “”The state is reviewing the order, but we continue to believe these critical funding decisions are best left to local elected leaders — who represent the people of New Hampshire — not judges in a courtroom.”

There is no way that “local elected leaders” in property poor communities can EVER provide adequate funds… but the Governor knows enough math to also realize that there is no way the Legislature, “the prosper governmental body” to devise an equitable formula, can accomplish the feat without getting more revenues… which, of course, means higher taxes or more “tricks” like the expansion of the lottery. Will this ever happen in my home state? It’s been over thirty years since the first lawsuit was “won” and it hasn’t happened yet. I’m not at all encouraged.

 

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