NH Supreme Court Remands Adequate Education Decision Back to Superior Court

NH Supreme Court sends the ConVal Case back to the superior Court for trial on the merits

Credit: Manchester Union Leader March 24, 2021.

The 14-page order was issued Tuesday morning March 23, 2021 in a case the high court heard in September. It deals with whether the state Legislature funds an adequate education for children throughout the state, a constitutional right found in previous rulings, including the Claremont decision of 1997.

The case was brought by the Peterborough-based ConVal School District and three others in the Monadnock Region. Eventually 26 other districts, including Manchester and Nashua, signed on in support of ConVal. The districts had argued that the state grant of $3,636 per student did not come close to covering the costs of an adequate education.

“We’re very happy with the decision,” said Manchester lawyer Michael Tierney, who brought the case. He noted the Supreme Court rejected efforts by the state to dismiss the case and to rule that the law favors the state’s position in the case.

In an email, Republican Gov. Chris Sununu said, “Today’s ruling reaffirms that this is an issue that belongs in the Legislature and not in legal limbo.”

He said the Legislature should have the authority to make decisions about education funding.

Release by NH Minority Caucus

“By remanding the case to the Superior Court, this ruling provides plaintiffs the opportunity to argue the harm in the state’s current adequate education funding formula,” according to state Senator Jay Kahn (D-Keene). “By failing to distribute state funding based on a district’s student needs and community characteristics, the opportunity for an adequate education is made more unequal across the statte. This debate has been ongoing in the courts and legislature for decades. It is long past time for New Hampshire to adopt a state allocation model that compentsates school districts for differences in student need and community characteristics.”

“The Commission has laid the foundation of new findings on the impact of improper school funding by the state that has led to unequal education opportunities for students across the state,” added Representative Mel Myler (D-Hopkinton).

Representative Dave Luneau (D-Hopkinton) said, “legislative efforts to improve public education should be measured by meaningful improvements in student equity and the taxpayer equity that follow it. The clock has started for the state to replacce the antiquated one-sie-fits-all funding model and make sure every school district has access to the financial resources they need.”