Garry Rayno of InDepthNH reports on opposition to the funding of New Hampshire’s expansive voucher plan, which has never been submitted to a public referendum. A lawsuit has been filed to block the use of public school funds for unaccountable vouchers. The voucher program, serving mostly kids who already attend students in private and religious schools, is far more expensive that its sponsor low-ball projections.

CONCORD — A bill to expand the uses for the state’s Education Trust Fund ran into opposition Friday as opponents said it would give the new Education Freedom Account program a blank check without accountability.

The prime sponsor of House Bill 440, Rep. Glenn Cordelli, R-Tuftonboro, said the bill simply “cleans up and codifies” what is in legislation elsewhere in statutes and comes at the Department of Education’s request. He noted the current trust fund statute does not address money for kindergarten or leases for charter schools.

“This bill clarifies (sections of law),” Cordelli said, “so there is a full picture of what comes out of the Education Trust Fund.”

However, those testifying in opposition at a public hearing Friday before the House Education Committee, said the bill is not a “housekeeping measure” but an attempt to divert millions of dollars to the Education Freedom Account program from public schools without sufficient accountability.

“The program was funded for two years as a pilot program and now you are giving it a blank check,” said David Trumble. “Why take a huge gamble. You built a program with no foundation for it and now you want to build a tall skyscraper on it.”

HB 440 would allow the Education Trust Fund to be used to pay for Education Freedom Account grants to parents and for phase-out grants to school districts losing students to the program.

The bill also changes the funding for the state’s portion for charter school leases from the general fund to the Education Trust Fund.

The Department of Education would be able to use 1 percent of the money in the Education Trust Fund to administer the EFA program, under the bill.

The Legislative Budget Assistant was not able to determine the cost of the changes in the bill because the department had not responded at the time of the bill’s printing, but noted the 1 percent going to the department would be $10.6 million in the current fiscal year, and $11 million in fiscal year 2024 and $11 million in fiscal year 2025.

The use of the fund for the EFA program is being challenged in court as the plaintiffs claim the program uses money earmarked for public education for private programs.

The suit challenging the funding for what has been described as the most expansive voucher program in the country, claims money raised by the Lottery Commission, and money from the Education Trust Fund may only be used for adequate education grants to school districts, citing the law creating the fund in 1999.

The suit, brought by Deb Howes as a citizen taxpayer, who is also president of AFT (American Federation of Teachers)-New Hampshire, seeks an injunction blocking the state from using any more of the Trust Fund Money to fund the EFA program.

Speaking at the public hearing, Howes reiterated her opposition to the bill, saying it is not a housekeeping measure.

“If money is coming out of (the Education Trust Fund),” she said, “does not mean it should be coming out of it.”

Public school and district tax money is not limitless, Howes said, noting it is all coming out of taxpayers pockets.

“When you run short of money,” Howes said, “you are going to shortchange the 160,000 kids in public schools.”

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