Last week I attended an all day Democratic caucus retreat in Concord. There were many workshops to choose from; housing, child care, training in social media, energy policy and education funding. That last one I chose to attend and would like to share some of what I’ve learned here.
In New Hampshire there’s about 160,000 kids (90%) who attend public schools and we rank 9th nationally in per-pupil spending. However, we rank last in the state’s share of funding our public schools. We also rely heavily on local property taxes, creating a substantial inequality between communities. The tax rate difference is upwards of 5–10 times, resulting in differing student outcomes.
What I learned is public schools are strong, despite a fractured funding system. This underfunding by the state is what causes high property taxes which the courts have ruled unconstitutional.
These are the court decisions going back more than 30 years:
~Claremont School District v. Gov. (Claremont I) Decided: 1993
The court held that education is a fundamental right under the NH Constitution and the state has a duty to provide it.
~Claremont School District v. Gov. (Claremont II) Decided: 1997
The court ruled the existing system unconstitutional, requiring the state to define an adequate education and fund it with proportional and reasonable taxes.
~ Londonderry School District v. State Decided: 1999
Reinforced that the state must fund an adequate education with constitutional taxes, striking down reliance on local property taxes that created disparities.
~Contoocook Valley School District v. State (ConVal) Decided: 2025 The court found the state’s base adequacy amount ($4,100 per pupil) unconstitutionally low, setting a guideline closer to $7,300+ per student.
~Rand v. State of NH Decided: 2024 (trial court and currently under appeal) The court ruled that the statewide property tax system violates constitutional requirements for uniform taxation, especially due to varying local tax rates.
How did we get here? Well, the hated school vouchers haven’t helped the average property owner . . .
School vouchers (Education Freedom Account), were touted in 2021 as income limited, but in four short years have expanded to no income cap. The vast majority of this funding (> 94%) goes to students already in private/religious schools. This takes money and resources away from public schools (in violation of Articles 6 and 83 in the NH Constitution). This program is projected to cost $100 million annually!
What brought us here? Republican Free Stater legislation:
HB 1815 reduces state responsibility (ignoring court orders) and defunds public schools.
SB 101 destabilizes districts.
HB 1121 lowers standards.
HB 675 State imposed budget caps, taking away local control.
Things that make you go Hmmm . . . In June, 2024, then gubernatorial candidate Kelly Ayotte (R-Nashua) took part in a candidate forum stating she hoped the US Supreme Court would reverse Ruoff’s decision. Claiming, “When it comes to education funding, I personally think that that Superior Court decision was wrong. I’m glad that the governor (Sununu) has appealed that to the Supreme Court.”
Now the Attorney General has moved to overturn the Claremont decision(s). Hmmm . . .
FYI, since 2016, Republican Free Staters have enacted cuts at the state level.
Business taxes have been SLASHED by $1.4 billion.
Interest and Dividends taxes ELIMINATED $0.4 billion.
This results in higher property taxes at the local level, which have INCREASED by $1.8 billion.
Republican Free Staters have prioritized great deals for Apple, Amazon, Walmart and big investors over the rest of us.
Republican Free Staters have also made sure any Democrat legislation aimed at helping property owners and school children are voted down, tabled or referred for interim study. Examples;
HB 1799: Addresses CONVAL decision
HB 1648: property tax exemption for qualifying residences
HB 734: SWEPT reform and property tax relief
HB 1578: transparency for public funds used in school vouchers
HB 1212: Free and reduced cost school lunches. They won’t do it!
The ways in which our cities and towns are now impacted:
~Higher property taxes
~Widening inequality between school districts
~Unnecessary strains on special education and high need students
~School budgeting is now more challenging
Apparently the Republican Free Staters have decided they are not done messing with the state Constitution! CACR 12 is a Republican sponsored Constitutional amendment. I am quoting from Andru Volinsky’s article (which is entirely linked above), “A similar amendment that originated in the House failed a few weeks ago but Speaker Packard is awarding the Free Staters a do-over. The Senate’s amendment resolution changes the NH Constitution to require a super-majority of two-thirds in the House and Senate to pass any “new tax on personal income, earned or unearned, sales or use, capital gains, inheritance, estate, or death, or any similar broad-based tax scheme….”
This cannot stand. Should this amendment make it to our ballots in Nov., it must be heavily voted down! And while we’re at it, Free Staters need to be voted out, too.