The state Supreme Court has ruled New Hampshire must do more to ensure students get an adequate education.
The decision caps the latest round in the battle between the state and the Claremont Coalition, a group of five communities that sued over the state's education funding system more than a decade ago.
NHPR's Trish Anderton reports.
IN A VICTORY FOR THE PLAINTIFF TOWNS, THE COURT SAID THE STATE MUST WATCH OVER SCHOOL DISTRICTS TO MAKE SURE STUDENTS ARE GETTING AN ADEQUATE EDUCATION. IN A CLOSELY DIVIDED 3-2 DECISION, JUSTICES BROCK, BRODERICK AND DUGGAN RULED THE STATE MUST QUOTE ?DO MORE THAN MERELY ENCOURAGE SCHOOL DISTRICTS TO MEET EDUCATIONAL STANDARDS.? SCOTT JOHNSON IS AN ATTORNEY FOR THE PLAINTIFF TOWNS. HE POINTS TO THE STATE?S CURRICULUM GUIDELINES AS AN EXAMPLE.
Right now the schools can use the curriculum frameworks but they don't have to. So what has to happen is the state needs to make sure schools use those frameworks if that?s the standrads they?re going to use.
THE COURT ALSO SAID THE STATE CANNOT WAIVE STANDARDS FOR SOME SCHOOLS JUST BECAUSE THOSE SCHOOLS DON?T HAVE ENOUGH MONEY. JOHNSON SAYS THE RULING IS WELL IN LINE WITH THE OVERALL PHILOSOPHY OF THE CLAREMONT CASES, THAT THE STATE IS RESPONSIBLE FOR PROVIDING EVERY STUDENT AN ADEQUATE EDUCATION.
Its not a decision that should come as surprise to anyone and the court mentions that. Given the history of the issue and the acknowledgments the state has made, this is a decision the state should have expected to come.
BUT UNLIKE EARLIER CLAREMONT RULINGS, THIS ONE HAS NO DEADLINE. THE TOP DEMOCRAT IN THE NEW HAMPSHIRE HOUSE, MINORITY LEADER PETER BURLING OF CORNISH, SAYS LAWMAKERS SHOULD NONETHELESS TAKE ACTION.
This legislature needs to understand its time for a comprehensive solution. Not just funding but accountability to ensure the money we?re spending is well used.
BUT BURLING ADMITS THE LEGISLATURE IS UNLIKELY TO DO MUCH THIS YEAR. LAWMAKERS HAVE SET THEIR SIGHTS ON ENDING THE LEGISLATIVE SESSION EARLY NEXT MONTH. SENATOR ROBERT BOYCE, A REPUBLICAN FROM ALTON BAY, SAYS THE SENATE IS JUST ABOUT FINISHED WITH ITS BUSINESS. BOYCE ALSO ARGUES THE COURT HAS OVERSTEPPED ITS AUTHORITY IN THE CLAREMONT CASES.
This is just another example of their egregious legislative usurpation. They?re taking rights and powers that arent theirs and trying to use them from the bench.
REPUBLICANS AND DEMOCRATS GENERALLY AGREE THAT THE STATE SHOULD MONITOR TEST SCORES OR IMPOSE STANDARDS TO MAKE SURE SCHOOLS ARE DOING THEIR JOB. THE POINT OF CONTENTION HAS BEEN ENFORCEMENT, WITH SOME REPUBLICANS CONCERNED ABOUT GIVING THE STATE TOO MUCH POWER OVER SCHOOLS. NO MATTER WHAT THE LEGISLATURE DECIDES TO DO, THE STATE WILL SOON HAVE TO BEGIN MEETING NEW FEDERAL ACCOUNTABILITY STANDARDS. PRESIDENT BUSH?S ?LEAVE NO CHILD BEHIND ACT? REQUIRES YEARLY TESTS AND ALLOWS STUDENTS TO TRANSFER OUT OF FAILING SCHOOLS. REPUBLICAN JANE O?HEARN OF NASHUA CHAIRS THE SENATE EDUCATION COMMITTEE.
They?re aksing us to set a baseline with testing now; then the year after that determine what adequate yearly progress will be. From there we can then determine what constitutes failing.
FOR MANY WHO?VE FOLLOWED THE CLAREMONT CASE OVER THE YEARS, THE LATEST RULING IS MOST INTERESTING FOR WHAT IT REVEALS ABOUT THE COURT. THE TWO DISSENTING JUSTICES, NADEAU AND DALIANIS, ARE FAIRLY NEW MEMBERS. DOUG HALL OF THE NEW HAMPSHIRE CENTER FOR PUBLIC POLICY STUDIES POINTS OUT THAT THESE JUNIOR JUSTICES TOOK THE EXTRA STEP OF ARGUING THE COURT SHOULD END ITS OVERSIGHT OF THE CASE.
courts more divided now than in earlier decisions and the two dissenters made pretty strong statement that its time for court to get out of claremont
HALL SAYS THE COURT MAY BE MOVING TOWARD A LESS ACTIVIST STANCE ON THE EDUCATION ISSUE. BUT PLAINTIFFS LAWYER SCOTT JOHNSON SAYS HE?S NOT WORRIED ABOUT A RETREAT FROM THE CLAREMONT DECISIONS, NOTING THAT COURTS GENERALLY VIEW THEIR PAST RULINGS AS BINDING PRECEDENTS. THE DECISION MEANS THE CLAREMONT PLAINTIFFS NOW HAVE NO CASES PENDING IN THE COURTS. JOHNSON SAYS HE AND HIS CLIENTS WILL WAIT TO SEE WHAT THE LEGISLATURE DOES BEFORE DECIDING WHETHER ANY MORE LEGAL ACTION IS NECESSARY. FOR NHPR NEWS I?M.
