| The December 30,1993 New Hampshire Supreme Court Claremont I decision | Page 20 |
and Information, to promote Literature and to cherish seminaries of Learning as the most direct and certain means to perpetuate to posterity that Constitution which forms our Glory, our Safety, and our Happiness."Id. This statement has significant probative value as an indication that the contemporary understanding was that part II article 83 imposed a duty on the State to provide universal education and to support the schools.
We are unpersuaded by the State's argument that the fact that no State funding was provided at all for education in the first fifty years after ratification of the constitution demonstrates that the framers did not believe part II, article 83 impose any obligation on the State to provide funding. But see W. Gifford, Colebrook "A Place Up Back of New Hampshire" 11 (1993) (resolution of Senate and House approved July 7, 1846, granting 10,000 acres of land to trustees of Colebrook Academy). "That local control and fiscal support has been placed in greater or lesser measure through our history on local governments does not dilute the validity" of the conclusion that the duty to support the public schools lies with the State. McDuffy 415 Mass. at 606, 615 N.E.2d at 548. "While it is clearly within the power of the [State] to delegate some of the implementation of the duty to local governments, such power does not include a right to abdicate the obligation imposed . . by the Constitution." Id.
Having identified that a duty exists and having suggested the nature of that duty, we emphasize the corresponding right of the citizens to its enforcement. For over two hundred years New Hampshire has recognized its duty to provide for the proper education of the children in this State. Since 1647, education has been compulsory in New Hampshire, and our constitution expressly recognizes education as a cornerstone of our democratic system. We must conclude, therefore, that in New Hampshire a free public education is at the very least an important, substantive right. See Carson v. Maurer, 120 N.H. 925, 931-32, 424 A.2d 825, 830-31 (1980); cf. Horton v. Meskill, 195 Conn. 24, 486 A2d. 1099 (1985). The right to an adequate education mandated by the constitution is not based on the exclusive needs of a particular individual, but rather is a right held by the public to enforce the State's duty. Any citizen has standing to enforce this right. See Fogg v. Board of Education, 76 N.H. 296, 82 A. 173.
 |
Back | Next |  |