NEW HAMPSHIRE

Constitutional Clause/Language

“Knowledge and learning generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education…” N.H. Const. pt. II, art. 83.

Major Court Decision: Claremont School District v. Governor (Claremont I), 635 A.2d 1375 (N.H. 1993).

Result: Financing System Overturned

Summary: In New Hampshire education is a fundamental right.  The court held that some of the power to control public education could be delegated to the local government; but the responsibility remains with the state.

Key Quotes:

“We hold that in this State a constitutionally adequate public education is a fundamental right. In so doing we note that ‘[t]he 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.’  Id. at 192.

“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... Right to adequate education mandated by State Constitution is not based on exclusive needs of particular individual, but rather, is right held by public to enforce state's duty and any citizen has standing to enforce that right.”  Id. at 185.

“... It is for the legislature and the Governor to ‘fulfill their responsibility with respect to defining the specifics of, and the appropriate means to provide through public education, the knowledge and learning essential to the preservation of a free government.’ Thus, in the first instance, it is the legislature's obligation, not that of individual members of the board of education, to establish educational standards that comply with constitutional requirements.

We do not construe the terms ‘shall be the duty ... to cherish’ in our constitution as merely a statement of aspiration. The language commands, in no uncertain terms, that the State provide an education to all its citizens and that it support all public schools. Decisions of this court are consistent with this conclusion.  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.”  Id. at 193.

“Because the diffusion of knowledge and learning is regarded by the State Constitution as ‘essential to the preservation of a free government,’ N.H. CONST. pt. II, art. 83, it is only just that those who enjoy such government should equally assist in contributing to its preservation. The residents of one municipality should not be compelled to bear greater burdens than are borne by others. In mandating that knowledge and learning be ‘generally diffused’ and that the ‘opportunities and advantages of education’ be spread through the various parts of the State, N.H. CONST. pt. II, art. 83, the framers of the New Hampshire Constitution could not have intended the current funding system with its wide disparities. This is likely the very reason that the people assigned the duty to support the schools to the State and not to the towns.”  Id.