This is a request from the New Hampshire School Funding Fairness Project whose mission statement is: “The mission of the NH School Funding Fairness Project is to inform the public about the condition of New Hampshire public schools and their funding; to advocate for changes to make the system more equitable for students and taxpayers alike; and, if necessary, to prosecute, manage, control, and/or participate in a lawsuit challenging the constitutionality of the system for funding education in New Hampshire.”
Two important pieces of legislation have public hearings on Wed. Mar. 5th at 1:00 and 1:45 that could severely impact NH’s public education system. HCR 11 and HR 7 aims to remove the court’s role in defining and overseeing education policy, ignoring years of judicial guidance that have ensured NH meets its constitutional obligations for an “adequate education.”
HCR 11 would reverse the State’s responsibility to fund an adequate education by deeming the Claremont decisions to be judicial overreach and the decisions made in that case not applicable to the legislature. (For those who have been keeping track, this has gone on for more than thirty years!) HCR 11 reads: “A RESOLUTION declaring the directives of the judicial branch in the Claremont cases that the legislative and executive branches define an "adequate education," adopt "standards of accountability," and "guarantee adequate funding" of a public education are not binding on the legislative and executive branches.” This is brought by the usual group of Liberty Alliance extremists.
HR 7 instructs the House to determine whether grounds exist to impeach Judge David Ruoff for his rulings in the Con Val and Rand school funding lawsuits. This could have a chilling effect on future court rulings that attempt to hold the legislature accountable for violating the constitution. The only need for these lawsuits and rulings in the first place is because the legislature is not funding schools adequately. Sponsored by three House Liberty Alliance members.
Our courts play an important role in holding the legislature accountable for providing NH students with the adequate education they are constitutionally entitled to. These resolutions would undermine that important oversight.
Why should we oppose HCR 11 and HR 7?
- Undermines Separation of Powers: Both HCR 11 and HR 7 attack the principle of separation of powers between the judicial, executive, and legislative branches. The courts play a role in ensuring that the state's education system meets our constitutional requirements.
- Threatens Educational Equity: By undermining judicial oversight these resolutions open the door for future reductions in quality education and access for NH students.
- Sets Dangerous Precedents: The passage of these bills would set a dangerous precedent, further emboldening the legislature to ignore judicial rulings.
What to do?
Contact members of the Judiciary Committee and tell them you oppose both resolutions. Use the following example or your own words. Even a simple, “I oppose these resolutions” would suffice.
“I am writing to express my strong opposition to HCR 11 and HR 7, resolutions that seek to undermine the judicial branch’s role in protecting our constitutional rights. These resolutions ignore the essential guidance provided by the courts regarding what constitutes an adequate education and the state's responsibility to fund it and even go so far as to threaten impeachment for rulings that some members of the legislature disagree with.
The judicial branch has provided essential and legitimate direction in defining an adequate education and holding the state accountable for funding that education. Instead of passing HCR 11 and HR 7, the legislature should be spending time actually confronting how to adequately define and pay for public education in NH.
I urge you to reject these resolutions and take your responsibility to provide NH students with an adequate education seriously. These resolutions are a dangerous step backward in ensuring that commitment is met.”
Rep. Bob Lynn, R-Windham, rjlynn4@gmail.com
Rep. Dennis Mannion, R-Salem, Dennis.Mannion@gc.nh.gov
Rep. Katy Peternel, R-Wolfeboro, Katy.Peternel@gc.nh.gov
Rep. Joe Andrson, R-Goffstown, Joe.Anderson@gc.nh.gov
Rep. Kristine Perez, R-Londonderry, Kristine.Perez@gc.nh.gov
Rep. Katelyn Kuttab, R-Windham, Katelyn.Kuttab@gc.nh.gov
Rep. Louise Andrus, R-Salisbury, Louise.Andrus@gc.nh.gov
All can be put on one email to make it easier.
Thank you for standing up again, for NH’s students and public education.