By NANCY WEST, InDepthNH.org
CONCORD – The state Supreme Court upheld portions of Superior Court Judge David Ruoff’s 2019 ruling in a lawsuit four school districts filed against the state and reversed others, ultimately sending the case back to the lower court for further proceedings.
The unanimous ruling written by Supreme Court Justice Patrick Donovan affirmed Ruoff’s decision denying the state’s motion to dismiss the lawsuit, and reversed the portions granting the school districts’ motion for summary judgement and granting of attorneys’ fees.
“At the outset, we note that the issue before us is a narrow one — whether the trial court erred in resolving the merits of the plaintiffs’ (school districts) claims on summary judgment without significant discovery,” Donovan wrote.
The four school districts named in the lawsuit are ConVal, Monadnock, Mascenic and Winchester. More than two dozen school districts from all over the state signed a brief in support of ConVal. See list below.
The four plaintiff districts issued a joint statement after the ruling saying they are “heartened” by it.
“The Court’s decision to remand the case to Superior Court Judge David Ruoff for review allows the District and its co-plaintiffs to present factual evidence that the State of New Hampshire is not providing adequate education funding,” the statement said.
It mentioned the court’s landmark Claremont decision and went on: “The Court ruled that the state is obligated to pay for an adequate education for all children. Nearly 30 years later, that still has not happened.”
The districts said: “Adequate funding, according to the state, does not include transportation costs, funding for school nurses or food services, and only a fraction of facilities operations and maintenance costs — all of which combine to ensure a quality education for our students. The state determined that in 2019 it cost $3,636 per student to provide an adequate education. By the state’s own formula, our districts all should have received more than $9,900 per student.
“Education costs $18,000 per student on average. No one could reasonably argue that $3,636 per student will provide an adequate education,” the districts said, calling the ruling a “positive outcome” for students, adding “it is only one small step toward solving an urgent issue for students throughout the state. This issue has now impacted two generations of New Hampshire children and will continue as long as the state fails to meet its obligations under our state Constitution.”
Gov. Chris Sununu said after the ruling was made public: “Today’s ruling reaffirms that this is an issue that belongs in the Legislature and not in legal limbo. As the most representative body in America, the NH Legislature must have the authority to make education funding decisions.”
The defendants in the case included the state, the state Department of Education, Sununu and Education Commissioner Frank Edelblut. The ruling affirmed Ruoff’s decision to dismiss the suit against Sununu and Edelblut in their individual capacities.
State Sen. Jay Kahn, D-Keene released a statement saying: “By remanding the case to the Superior Court, this ruling provides plaintiffs (school districts) the opportunity to argue the harm in the state’s current adequate education funding formula.
“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 state. This debate has been ongoing in the courts and the legislature for decades. It is long past time for New Hampshire to adopt a state allocation model that compensates school districts for differences in student need and community characteristics,” Kahn said.
The full ruling can be read here: https://indepthnh.org/wp-content/uploads/2021/03/2021012ConVal-2.pdf
The following school districts filed a brief supporting ConVal: Berlin School District, Derry School District, Hopkinton School District, Mascoma Valley Regional School District, Pittsfield School District, Newport School District, Merrimack Valley Regional School District, Haverhill School District, Winnisquam Regional School District, White Mountains Regional School District, Claremont School District, Concord School District, Warren School District, Piermont School District, Bath School District, Manchester School District, Governor Wentworth Regional School District, Keene School District, Chesterfield School District, Harrisville School District, Marlborough School District, Marlow School District, Nelson School District, Westmoreland School District, Nashua School District, Fall Mountain Regional School District, and the New Hampshire School Boards Association.