| The December 30,1993 New Hampshire Supreme Court Claremont I decision | Page 12 |
James F. Allmendinger, of Concord, staff attorney, NEA-New Hampshire, by brief for NEA-New Hampshire, as amicus curiae. Theodore E. Comstock, of Concord, general counsel, New Hampshire School Boards Association, by brief for New Hampshire School Boards Association, as amicus curiae.
Douglas and Douglas, of Concord (Robert J. Rabuck on the brief), for Granite State Taxpayers' Association and Granite State Legal Foundation, as amici curiae.
John S. Lawton, by brief, pro se, as amicus curiae
BROCK, C.J. The Superior Court (Manias J.) dismissed the plaintiffs' petition for injunctive relief and declaratory judgment for failure to state a claim upon which relief could be granted. The plaintiffs appeal the court's conclusion that the New Hampshire Constitution imposes no duty on the State to support the public schools. We hold that part II, article 83 imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
The plaintiffs are five "property poor" school districts and five school children and five taxpayers, one from each of the school districts. They filed a petition for declaratory judgment alleging, in six counts, that the system by which the State finances education violates the New Hampshire Constitution: in counts (1) and (2) that the State fails to spread educational opportunities equitably among its students and adequately fund education, both in violation of part II, article 83; (3) that the foundation aid statutes RSA 198:27 through 33 (1989), unconstitutionally restrain State aid to public education by capping State assistance at eight percent; (4) and (5) that both the State school finance system and the foundation aid statutes deny plaintiffs equal protection; and (6) that the heavy reliance on property taxes to finance New Hampshire public schools results in an unreasonable disproportionate, and burdensome tax in violation of part II, article 5 of the State Constitution.
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