The Claremont Decision
Encyclopedia
Claremont School District v Governor of New Hampshire is an important legal case in New Hampshire
. In the mid-1990s, the city of Claremont, New Hampshire
started a process against the State of New Hampshire, challenging the constitutionality of the New Hampshire allocation of school funding.
The Claremont lawsuit was brought on behalf of five school district
s that could not afford to properly fund their schools based on local property tax
es. This was the second suit of this nature against the State of New Hampshire. The first suit was brought in the early 1980s and was settled when the State agreed to contribute 8% of the cost of education to a fund targeted to aid poor districts. The formula by which the money was distributed was designed by Professor John Augenblick and was called the Augenblick formula.
The State never fully funded its promise and by 1989 Claremont's high school
had lost its accreditation because the district could not keep up with needed repairs. The then chairman of the Claremont school board, Tom Connair, caused the parties to reinstigate their lawsuit and three lawyers were hired, Arpiar Saunders, John Garvey and Andru Volinsky.
In 1993, the New Hampshire Supreme Court
interpreted Part II, Article 83 of the New Hampshire Constitution
to guarantee students a right to a public education
. In 1997, the New Hampshire school funding system was found unconstitutional and the legislature and governor were ordered to define the components of a constitutionally adequate education, cost them out and pay for them with taxes that were equal across the state. Four governor
s and their legislature
s refused to comply with the Court's orders leading the Supreme Court to again find the school funding system unconstitutional in September, 2006. The current governor, John Lynch, a Democrat
, now seeks to amend the Constitution.
The Claremont petitioners have been represented since 1995 by John Tobin, Scott Johnson and Andru Volinsky, all of Concord, New Hampshire
.
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
. In the mid-1990s, the city of Claremont, New Hampshire
Claremont, New Hampshire
There were 5,685 households out of which 27.4% had children under the age of 18 living with them, 45.5% were married couples living together, 10.3% had a female householder with no husband present, and 39.7% were non-families. 32.2% of all households were made up of individuals and 14.7% had...
started a process against the State of New Hampshire, challenging the constitutionality of the New Hampshire allocation of school funding.
The Claremont lawsuit was brought on behalf of five school district
School district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
s that could not afford to properly fund their schools based on local property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
es. This was the second suit of this nature against the State of New Hampshire. The first suit was brought in the early 1980s and was settled when the State agreed to contribute 8% of the cost of education to a fund targeted to aid poor districts. The formula by which the money was distributed was designed by Professor John Augenblick and was called the Augenblick formula.
The State never fully funded its promise and by 1989 Claremont's high school
High school
High school is a term used in parts of the English speaking world to describe institutions which provide all or part of secondary education. The term is often incorporated into the name of such institutions....
had lost its accreditation because the district could not keep up with needed repairs. The then chairman of the Claremont school board, Tom Connair, caused the parties to reinstigate their lawsuit and three lawyers were hired, Arpiar Saunders, John Garvey and Andru Volinsky.
In 1993, the New Hampshire Supreme Court
New Hampshire Supreme Court
The New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
interpreted Part II, Article 83 of the New Hampshire Constitution
New Hampshire Constitution
The Constitution of the State of New Hampshire is the fundamental law of the State of New Hampshire, with which all statute laws must comply. The constitution became effective June 2, 1784, when it replaced the state's constitution of 1776....
to guarantee students a right to a public education
Public education
State schools, also known in the United States and Canada as public schools,In much of the Commonwealth, including Australia, New Zealand, South Africa, and the United Kingdom, the terms 'public education', 'public school' and 'independent school' are used for private schools, that is, schools...
. In 1997, the New Hampshire school funding system was found unconstitutional and the legislature and governor were ordered to define the components of a constitutionally adequate education, cost them out and pay for them with taxes that were equal across the state. Four governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
s and their legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
s refused to comply with the Court's orders leading the Supreme Court to again find the school funding system unconstitutional in September, 2006. The current governor, John Lynch, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, now seeks to amend the Constitution.
The Claremont petitioners have been represented since 1995 by John Tobin, Scott Johnson and Andru Volinsky, all of Concord, New Hampshire
Concord, New Hampshire
The city of Concord is the capital of the state of New Hampshire in the United States. It is also the county seat of Merrimack County. As of the 2010 census, its population was 42,695....
.