Archives for category: New Hampshire

Governor Kelly Ayotte stunned some of her fellow Republicans by vetoing bills that are part of the rightwing assault on public schools. Among the bills she vetoed was one that allowed any parent to get a book banned because that parent considered it offensive.

She also vetoed an anti-trans bill, as well as other rightwing obsessions.

She highlights the split between the rightwingers in the GOP who want to control the lives of everyone and the conservatives who want to let people make their own decisions. Sibce New Hampshire has a significant number of libertarians, Ayotte’s decisions must have pleased them.

Gary Rayno is a veteran journalist who writes about politics and government in New Hampshire. He knows more about school finance than most members of the State Legislature.

He wrote recently about the nefarious plan to privatize public funding and undermine public education in the Granite State, even though 90% of the students in the state attend public schools. New Hampshire has an unusual problem with a libertarian party called “Free Staters,” who don’t want government to pay for anything. They are well represented in the legislature.

He wrote:

If you watched the House session Thursday, you had to realize the message the Republican majority is sending on public education.

Republicans quickly passed expanding Education Freedom Accounts, or vouchers, that will cost the state’s taxpayers well over $110 million for the next biennium with most of the money going to higher-income parents who currently send their children to religious and private schools or homeschools.

The expansion to vouchers-for-all has been a goal of the Free State/Libertarian controlled GOP for some time and they are likely to reach this year by daring Gov. Kelly Ayotte to veto the budget package, something she is not likely to do although she wanted the students to actually attend public schools before they join the EFA program with few guardrails and little academic accountability.

Instead much of the debate was over two bills that would significantly change the educational environment in public schools.

Senate Bill 72, would establish a parental bill of rights in education, and Senate Bill 96 would require mandatory disclosure to parents. And for good measure they added Senate Bill 100 which could cost a teacher his or her teaching credentials if they violate the divisive concepts law and school districts could be fined $2,500 plus attorneys’ fees and court costs. 

The second offense is a permanent ban from teaching and school districts would have to pay a $5,000 fine and the penalties for third-party education contractors are even more onerous.

The state is prohibited from enforcing the law because a US District Court judge found the law unconstitutionally vague and the changes in Senate Bill 100 do nothing to change that except encourage more litigation.

These are just the latest attempt to convince the state’s residents that public schools are filled with far left teachers who want to indoctrinate students, to shield LGBTQ+ students from their parents and to encourage deviant behavior.

Nine-nine percent of parents with children in the public schools would tell you that is not true and the other 1 percent are in the New Hampshire legislature or related to someone who is.

Public schools are not perfect but the Free State/Libertarian talking points about public education are not being created in New Hampshire. They are the work of far-right think tanks like the Heritage Foundation, the Cato Institute and American Legislative Exchange Council, the same groups that generate the wording for these bills.

The legislature has not addressed the real problems facing public schools, but have instead been exacerbated by the GOP controlled legislature. The bills passed this session have created more work for educators and school boards and they divert time and money away from educators’ first responsibility: to educate students and prepare them to survive and compete in today’s world.

The elephant in the room is the lack of state funding for public education at the elementary, secondary and postsecondary levels where the state of New Hampshire, one of the wealthiest per capita in the country, is dead last behind such educational meccas as Mississippi, Alabama, Louisiana, Arkansas, Missouri and West Virginia.

Public schools do not need to spend more money for their educational system that continually ranks near the top nationally, but the state needs to pay its share of the cost which nationally averages a little less than 50 percent.

In New Hampshire local property taxpayers pay 63 percent of the cost of public education, while the state contributes 28.8 percent, leaving a little over 8 percent for the federal government to contribute, the 45th lowest for states.

Property taxes pay about 70 percent of the cost of education when you add in the Statewide Education Property Tax which is included in the state’s share although it all comes out of property owners’ pockets.

This legislature did two things to address the funding issue this session, one would be to bring the Statewide Education Property Tax collection methods in line with a superior court judge’s ruling that requires the property wealthier communities to turn their excess revenue not needed to cover the cost of an adequate education for their students over to the state and to stop the Department of Revenue Administration from approving negative local education property tax rates allowing unincorporated places to avoid paying the statewide property tax.

That action does not require any more state money and in fact increases state revenue by about $30 million.

The Legislature increased spending on special education in the second year of the biennium, but the Senate budget reduced that figure by $27 million.

Just a few years ago, the Education Trust Fund, which pays for state adequacy grants to public and charter schools, special education, building aid and several other educational needs, had a surplus approaching $250 million, but since that time the EFA program has also drawn its money from the same source of funds totally $76 million through this school year.

The additional draw from the EFA program and declining state revenues have combined to substantially change the financial picture. At the end of this fiscal year at the end of the month, the surplus will be around $100 million. 

At the end of the upcoming biennium the surplus in the Senate’s budget will be less than $20 million, with the fund in deficit under the House’s budget, and $14 million in the governor’s plan.

All three plans reduce the percentage of state revenues that go into the Education Trust Fund and increase the amount going to the state’s general fund.

Drying up the Education Trust Fund was a plan hatched long ago to have vouchers competing with public schools for state education money. When that happens, if you think your property taxes are too high now, just wait until the money goes to the voucher program first before adequacy grants to school districts.

The Free State/Libertarians have long sought to have public schools house only special education students and kids with disciplinary programs. The rest of the students and their parents will be on their own to find and pay for their education, meaning the rich will do just fine and everyone else will scramble to find an inferior education they can afford.

That is a pathway to retaining the oligarchy.

Another significant issue facing public education is the dearth of teachers as many school districts cannot find certified teachers to hire and instead have to rely on non-credentialed personnel or para educators to fill the gap.

See above and and you could reasonably ask, with these kinds of bills that put teachers between their students and their parents and make schools less than safe spaces for many kids, who in their right mind would want to be an educator.

At last week’s session, Rep. Stephen Woodcock, D-Center Conway, a retired teacher and school principal, said “Parental rights go hand in hand with parental responsibilities. It is not a teacher’s responsibility to do the parents’ job, which is talking with their children.”

And you could argue that public education ought to be more rigorous than it is now, but society has pressured schools to “make every child succeed,” and that translates into lower academic standards.

And that describes the new state education standards recently approved by the State Board of Education in the name of competency-based education.

If this group of legislators continue to control the agenda, it will not be long before public education will be in tatters, which will suit them fine.

But with about 90 percent of the state’s children in the public school system, it is hard to believe that is their parents’ or their desire.

Jennifer Berkshire has both good news and bad news about vouchers. The idea of public funding for religious and private schools had some big wins this year, especially in Texas. But most vouchers are subsidizing kids who never attended public schools; that’s a feature, not a bug as it creates strong support for the giveaway among the highest-income people. But, lo! The real cost of have the state pay for everyone’s tuition is beginning to get the attention of taxpayers. And that could cause a backlash against welfare for the wealthy. Florida is already paying $4 billion a year for vouchers. Will taxpayers object?

She writes:

Champagne corks, storm clouds—I’m mixing my metaphors here. But as we survey the steaming wreckage of the 2025 state legislative sessions, both are present in spades. Let’s start with the popping corks: the school voucher movement really did notch some big wins this year, adding Tennessee, South Carolina, Idaho and the biggest prize of all, Texas, to the list of states with “education freedom.” Now add in the sneaky move to slip a voucher program that is really a tax shelter for the wealthy into the tax code and it’s easy to feel despondent, and not just about the future of public education. 

Listen in on the debates that played out in these states, though, and you’ll come away with a very different view. As the economy sours and the tide of red ink rises, alarm bells are sounding and a backlash is brewing.

Let’s start with a quick trip to my neighboring state, New Hampshire, where a familiar series of events has transpired. Now, in the Granite State, vouchers are known as Education Freedom Accounts, and they were sold to notoriously thrifty Yankees as a way to save money as students abandoned “government schools” for less expensive private religious schools, home schools, microschools. But nothing of the sort happened, leaving taxpayers to foot the bill for thousands of students who’d never attended public schools. Meanwhile, New Hampshire’s revenue situation has been deteriorating rapidly thanks to yet another round of slashing taxes on businesses. 

All of which adds up to some pretty bleak math as the state must now figure out how to pay for an expensive—and expanding—school voucher program even as New Hampshire’s budget pie keeps shrinking. Which is how GOP lawmakers seem to have landed on the worst of both worlds: an austerity budget that slashes funding for the state’s public higher education budget in order to pay for the cost of further undermining the state’s public education system. (If you’re wondering why this recipe sounds familiar, you’re thinking of Indiana, star of a recent episode of Have You Heard, and a cautionary tale about what happens when a state expands school choice while simultaneously cutting school funding and divesting from public higher education.)

Different state, same story

While the libertarian paradise known as New Hampshire may be unique, the dynamic playing out here is the same as in virtually every state that has now adopted school vouchers. 1) Ever-shifting goal posts regarding the purpose of these programs? Check. 2) Ballooning voucher costs as states now pick up the tab for students already attending private schools? Check. 3) Deep tax cuts on the wealthy and corporations, meaning less revenue to spend on public education and other social programs? Check. 

Consider Louisiana, which last year enacted the so-called LA GATOR program—short for Giving All True Opportunity to Rise. Now if you know anything about the recent history of school vouchers in Lousiana (spoiler: not good!), this is the time for a chuckle of the bitterest variety. What IS rising rapidly is the program’s cost—nearly $100 million in its second year, estimated to reach as much as $520 million as the program scales up. But when Governor Jeff Landry tried to collect the cash from lawmakers, something interesting happened. They said no, or at least, not so much. 

“I was not remotely expecting that,” [Senate President Cameron] Henry said about Landry seeking an extra $50 million for the program. “Somehow there was a misunderstanding, which we will rectify.” Despite Landry’s request, Henry said he will hold firm to spending roughly the same amount as vouchers cost this school year: $43.5 million “It will be no more” than that, he said, “because that was the original agreement.”

And it wasn’t just Louisiana. Over in Missouri, lawmakers axed their governor’s request for $50 million to scale up the voucher program known as MoScholars. The GOP senator behind the move offered a simple explanation. “I want to make sure that we’re fully funding our obligation to public schools before we start spending 10s of millions of general revenue dollars on private schools.”

If you’re wondering what’s going on, the answer is fairly simple. As voucher programs have ballooned in size and cost, they’ve become a bigger target, especially in states where they’re now hoovering up state funding at the expense of the public schools—which are still attended by most children in every state. And years of tax slashing in these same states is exacerbating what we might call the ‘pie’ problem. Factor in the worsening national economic forecast and things look even more dire. Texas, which is now on the hook for $1 billion a year to pay for vouchers, plummeting oil prices due to Trump’s tariffs is likely to lead to a recession as soon as this summer. 

Theory of change

As regular readers of this newsletter know, I’m an avid reader of conservative treatises. As I type, I’m surrounded by anti-public-education screeds by Pete Hegseth, Kevin Roberts, Betsy DeVos, and Corey DeAngelis. It’s the last one, Parent Revolution: Rescuing Your Kids from the Radicals Ruining Our Schools, that has proven to be a particularly useful guide to our times. How, for example, did school choice for the very wealthy become the civil rights cause of our times? Dr. DeAngelis explains:

“Allowing politically advantaged groups to benefit from the program is also a smart way to keep the policy protected for years to come.”

You see, there’s a theory here: that as monies grow scarce and one state after another devolves into a pitched battle over what’s left, the richest and most connected will fight the hardest to keep what’s theirs. For a preview of what this looks like, I recommend a pitstop in West Virginia, where lawmakers just wrapped up another session by shoveling money at tax cuts for the wealthy and school vouchers, while cutting programs that help people get clean water, find work after struggling with addiction and get child care. Oh well…

But for the theory of change to work, people have to want to live in a West Virginia-like reality, and I’m not at all convinced that that’s the case. Don’t believe me? Let’s head to Florida, which school choice proponents like to point to as a model for the rest of our states, and which now spends $4 billion a year on vouchers. Since the state made the program available to even the wealthiest Floridians, surprise, surprise, they’ve leaped at the opportunity to have tax payers pay their children’s private school tuition:

More than 122,000 new students started using vouchers for the first time in the 2023-24 school year, and nearly 70 percent were already in private school, many in some of Florida’s priciest institutions.

But Florida is also an example of the bad math, and shoddy assumptions, that drive the push for school privatization. As public education advocate and blogger extraordinaire Sue Woltanski has been tirelessly documenting, vouchers are indeed succeeding in defunding Florida’s public schools:

This isn’t because the money follows public school students fleeing to private options, but because, when families, whose children are ALREADY in private schools, are offered a tax-funded discount for their private school tuition, they flock to apply, and private schools encourage it.

As Sue keeps pointing out, the big flaw in the school choice lobby’s theory is that Florida’s public schools aren’t going away. A state that used to brag about how little it spent on its students is now funding two parallel education systems: “one for the nearly 3 million students still enrolled in public schools, and another for the hundreds of thousands already in private or home education, all out of the same funding formula.”

So what gives? The GOP’s solution is to slash funding for popular programs in public schools: AP, IB, CTE. When I asked a reader in Florida what he thought was motivating the lawmakers, he saw a longer-term conspiracy at work. Get rid of programs that parents care about and eventually they’ll abandon their local public schools. But that assumes that these parents are powerless and that lawmakers can eviscerate programs and institutions that matter to them without paying a price. I’m not so sure. 

A few weeks ago I had the pleasure of visiting Sarasota to speak to a group called Support Our Schools. SOS is a phenomenal advocacy group, and in partnership with a youth-led group that’s “organizing school boards to fight fascism, protect democracy, and build power from the ground up,” they’re having a real impact in a community that’s been ground zero for the right-wing takeover of public education. I headed south anticipating that my hosts would be despondent over the state of Florida and the nation, but what I found was the opposite. These local activists were energized, convinced that their cause—defending and strengthening public education—is finally breaking through. In their words, the situation for Florida public schools is now so dire that it’s impossible to ignore. 

Throughout my visit, one theme echoed repeatedly. A backlash is coming. It can’t come soon enough.

Gary Rayno, veteran journalist in New Hampshire, reports on the Legislature’s pending decision on expanding vouchers. It is astonishing that any state is still considering universal vouchers, in light of what we have learned from the experience of every state that has done so.

We know now that the overwhelming majority of vouchers are used by students already enrolled in private and religious schools. In other words, they are for the most part a subsidy for families already able to pay tuition.

We know now that universal vouchers bust the state budget by offering to pay private school tuition.

We know now (see Josh Cowen’s recent book The Privateers) that when poor kids leave public schools for voucher schools, their academic performance declines, often dramatically.

We know now, based on state referenda, that the public opposes vouchers.

Gary Rayno writes about what’s happening in New Hampshire:

The advocates for opening the state’s school voucher program, Education Freedom Accounts, to all students in the state regardless of their parents’ income did a massive public relations and organization effort before the public hearing last week on House 115, which would remove the salary cap from the four-year old program.

While many parents with their children turned out for the public hearing that needed three rooms in the Legislative Office Building to hold the attendees, the people responding electronically —many posting testimony — on the bill were opposed by a more than four-to-one margin, 3,414-791.

Groups like the Koch Foundation funded by Americans for Prosperity sent out at least three email “urgent” messages to its followers encouraging supporters to attend the public hearing.

Department of Education Commissioner Frank Edelblut sent out a press release the day before the public hearing with the headline “New Hampshire’s cost per pupil continues upward trend,” indicating the state’s average per-pupil cost increased from $20,323 last school year to $21,545 this school year and noting the enrollment has been trending down.

In his press release he also noted the average national cost per pupil at $15,591, while noting that New Hampshire’s largest school districts were the cheapest with Manchester at $17,734, Nashua at $18,270, Bedford at $18,498 and Concord at $23,159, while rural Pittsburg, at the very top of the state, has the highest cost at $44,484.

“The taxpayers of New Hampshire have worked hard to support students, families and our public schools, increasing funding by more than $400 million since 2021, resulting in a record high cost per pupil,” Edelblut said. “New Hampshire remains dedicated to continuing efforts to expand educational opportunities and pathways to help every child succeed in a fiscally responsible approach. The persistent trend of declining student enrollment combined with rising costs creates substantial financial strain on school districts, taxpayers and communities, necessitating new and creative approaches to educating our children in a system that can be sustained over the long term.”

In other words these skyrocketing public education costs cannot be sustained, and efforts like the EFA program is the wave of the future for taxpayers and students, although the program offers no guarantees the state money flowing into the program is being used for what it was intended or wisely by parents.

He does not mention that New Hampshire is either 49th or 50th in financial support for K to 12th grade public education, while cities and towns are picking up over 70 percent of the costs of public education and yet their residents are the ones approving the budgets that increased per-pupil spending.

Edelblut also doesn’t mention that the state downshifted the obligation of hundreds of millions of dollars over the last 15 years to school districts, municipalities and counties when it stopped paying 35 percent of the retirement costs for employees, or that he has failed over the last five years to request additional money for the special education catastrophic aid program although costs have been rising substantially further downshifting millions more in costs to local school districts.

And the public hearing on the bill was held on one of the earliest days in the session, which says the Republican leadership wants to separate this bill from the state budget as much as possible.

A trend of declining revenues, the drying up of the federal pandemic aid and past surpluses, along with the elimination of the interest and dividends tax, which is a huge benefit to the state’s wealthiest residents, and business tax rate cuts will make difficult work for lawmakers and new Gov. Kelly Ayotte, who gives her first budget address next month.

The GOP leadership doesn’t want to discuss the $100 million in new expenses in HB 115 when budget discussions hit snags over what to fund.

During the public hearing, a number of parents brought their children with them to talk about the wonderful things they have been able to accomplish by using the state taxpayer money for alternative education settings.

Many also trashed public schools saying they failed their children although the public schools continue to serve about 90 percent of the state’s students.

Some of the parents noted public schools don’t align with their beliefs or political philosophies, which really says they do not want their children to be exposed to different beliefs or cultures.

David Trumble of Weare noted that some of the private and religious schools don’t take LGBTQ+, special education or English-as-a-second language students.

“There is nothing universal about universal vouchers. The only universal option is the public schools because they accept every single child and give every one of them a good education. That is why you have a constitutional duty to fund them. You have no obligation to fund the private schools,” Trumble told the House Education Funding Committee.

“Our first obligation is to fund the public schools.”

Under the EFA program, 75 percent of the students did not attend public schools when they joined the program, meaning that neither the school districts nor the state was paying for their education, their parents were.

In other states where universal vouchers have been approved almost all of the new money goes to families currently sending their children to private or religious schools or being homeschooled, which is a new expense to those states just as it would be in New Hampshire, where the potential for additional costs is over $100 million annually.

The money for New Hampshire EFA program comes from the Education Trust Fund which also provides almost all of the state education aid to public schools including charter schools.

The trust fund once had over a $200 million surplus, but ended the last fiscal year June 30, 2024 at $159 million, and is projected to drop to $125 million at the end of this fiscal year.

If the bill passes, it won’t be long before money is drained and the squeeze is on public education because of the new education system set up by the legislature that many told the committee last week lacks accountability and transparency.

Many of the people in opposition to the bill said the state first needs to meet its constitutional obligation to pay for an adequate education for the state’s children before setting up any new program costing hundreds of millions of dollars.

But universal vouchers are not only a priority for New Hampshire Republicans, it is a priority at the national level as well.

It continues a movement begun in the late 1950s and 1960s advised by James Buchanan, an economist from the University of Chicago, who was influenced by Frank Knight as was Milton Friedman.

The plan was to both develop more conservative Republicans through the education system and through state legislatures.

One of the targets was public education and reforming it into a private system where if you have the money you can receive a good education, but if you don’t, well too bad.

While the EFA program was touted as helping lower income parents find an alternative education setting for their children who did not fare well in a public education environment, it has essentially been a subsidy program for parents whose children were already in private and religious schools or homeschooled.

Many of the parents speaking in favor of expanding the EFA program said they wanted every child to experience what they experienced.

Rep. Ross Berry, R-Weare, told the committee why should the EFA program be means tested, when public schools don’t require wealthy parents to pay for their children to attend.

That was one of the catch phrases uttered several times during the hearing along with “support for the student not the system.”

Someone had distributed the talking points.

But several opponents noted the program would not help eliminate educational inequity, it would exacerbate it, because a lower-income parent would not be able to afford to send their child to one of the private schools where the average tuition is over $20,000 with a $5,200 voucher, while those already able to send their child to a private school will be able to cut their costs by the same amount.

Once again New Hampshire is a great place to live if you have money, if you don’t, not so much.

The EFA program is part of the push for individual rights over the common good. You see it in education where parents want to remove their child from those who do not have the same beliefs or philosophies, you also see in health care with the establishment of specialty and boutique practices where if you have the money you receive the best care, and in the judicial system where if you have enough money you never have to be accountable for your crimes.

If HB 115 passes, and it probably will, the legislature will have created a situation where the public schools including charter schools will face operating with less state aid, not more as the courts said the state needs, and that will impact many sectors including businesses who will not know if the state has a sufficiently educated workforce or not.

The state should not want businesses asking that question.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn in New London.

Garry Rayno is a veteran journalist in New Hampshire who covers the legislature for inDepthNH.org. His education reporting is excellent. In this post, he describes the Republicans’ refusal to fund public schools adequately, although they have launched a voucher program that is sure to drain the state imof hundreds of millions of dollars annually.

The latest round for education funding lawsuits enters the judicial ring this week in Rockingham County Superior Court and will be argued over the next two weeks.

The second half of the Rand suit goes before judge David Ruoff and — much like the ConVal suit — hinges on whether the state is providing ample money to provide an adequate education for its students, which is essentially the same question before the courts three decades ago with the Claremont suit.

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Under the two Claremont rulings, the state is required to provide an adequate education to its students, define what constitutes an adequate education, pay for it with constitutional taxes and ensure school districts are providing  it.

That sounds pretty simple, but you have to dig a little deeper to understand why the issue has not been settled in the intervening 30 years.

As ConVal argued, the state believes currently that $4,100 per student is the cost of an adequate education, and the state largely pays that cost with the Statewide Education Property Tax, portions of existing taxes and Sweepstakes revenues.

According to the latest figures from the Department of Education the statewide average for educating a single student is $20,322, or $24,756 when all expenditures are included such as transportation, capital expenses and interest,  out-of-district tuitions, etc.

In the ConVal ruling, which is on appeal with the other half of the Rand suit to the Supreme Court, Ruoff set the state’s obligation for the cost of an adequate education at $7,356  and said it is probably closer to $9,900 per student.

In any event the lower figure is almost double what the state pays and would cost the state an additional $500 million.

In the Rand case, the plaintiffs also want the court to determine if the additional money school districts receive for higher costs for educating special education students, or from low-income households or do not speak fluent English, for example is enough to cover those costs as well.

In their suit, the plaintiffs claim the state funding is inadequate to cover those “differentiated aid” costs as well.

When the funding formula was originally developed in the late 1990s, many of the lawmakers sitting on the committee were from the state’s largest cities like Manchester, Rochester and Nashua and weighted the formula to help their communities and that has not changed much since as communities like Manchester, Nashua, Rochester and Somersworth receive a greater percentage of state aid than most other communities.

They are larger and have larger populations of children in poverty, with disabilities and children whose native language is not English, but other communities like Claremont, Berlin, Newport, Pittsfield, Franklin and Milan have problems raising money for education as well without the same percentage of state aid.

But that is not the crux of the Rand suit, which is by failing to pay all of its constitutionally obligated cost of an adequate education, city and town taxpayers have to make up the difference with local property taxes.

As most people know by now, there are property wealthy communities like Moultonborough, Tuftonboro, Wolfeboro, New Castle, Rye, Portsmouth, Hampton, Sunapee, New London, Newbury, etc. that collect more than they need through the Statewide Education Property Tax to pay for the state’s contribution of $4,100 per student and have money left over.

Ostensively all those communities and all the other communities in New Hampshire pay the same tax rate for the Statewide Education Property Tax.

But when the statewide tax receipts in a community do not cover the $4,100 per student threshold, local property taxes have to make up the difference, and those property tax rates vary from community to community.

If the communities have to pay for an adequate education, then the state is using local property taxes to satisfy its obligation, which would mean they are really state taxes.

And the constitution requires that all state taxes be proportional and reasonable and that is the problem, because widely varying tax rates do not meet the constitutional requirement.

And the other aspect of the lawsuit is that the cost of an adequate education is much higher than $4,100 and if that is true, and Ruoff has ruled once that it is, than the state has an even greater obligation, meaning most every community is using local property taxes to pay the state’s share of an adequate education.

The state aid to education totals $817.84 million for the current school year, while the total spent on public education from kindergarten to 12th grade is estimated to be about $3.8 billion for all education related costs, not just adequate education.

The federal government sends hundreds of millions of dollars to the state but there is no simple total of federal funds going to public education in New Hampshire to be found on the Department of Education’s website.

But if the state paid even half the cost of the total amount spent on public education, its obligation, given federal funds, is considerably more than what it currently pays and may be nearly double that amount.

The stakes are extremely high for the state at a time when state revenues are declining, exacerbated by years of rate cuts and repeals.

The state has steadfastly refused to approve any new money source for education outside the statewide property tax which was moving the same dollar from the local side of the property tax ledger to the state’s side although making it more proportional across the state.

However, that did little to reduce property taxes in property poor communities or increase the educational opportunities for students in the property poor districts.

The state has argued since the two Claremont decisions were written 30 years ago that the definition of an adequate education and how to fund it is up to the legislative and executive branches, which it is, except when fundamental rights are being violated.

Recently, the Attorney General’s Office spent a great deal of time arguing what the plaintiffs seek would violate the constitutional separation of powers provision.

The question is where do you draw the line?
Does the legislature in failing to address the inequities for property taxpayers and students exercising its rights to control the purse and set policies, or is it contempt of court?

Or does the court have the final say when fundamental constitutional rights are violated?

Before pondering those questions there are two weeks of arguments by the plaintiffs and the state. The state told the court last spring the plaintiffs have failed to “meet their heavy burden of demonstrating that the current funding formula is in clear and substantial conflict with the [sic] Part II, Article 83,” in seeking a summary judgement and asked not to go forward with this week’s hearings.

The court rejected that request quickly and there will be two more weeks to parse the fundamental issue of whether the state’s children have a fundamental right to an adequate education and how the state would pay for it to be on center stage in the public arena once again.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Over recent years, we have heard again and again that parents always know what’s best for their child. And so we have vouchers and home-schooling because “parents always know what’s best for their child.”

No, they don’t.

Read this story and ask yourself whether this parent knew what was best for her child.

I wish I had saved the many stories of this kind that I have read over the past decade. Thank God, they don’t happen every day but they do happen.

Whenever I write about abusive parents like the one in this horrific story, I get inundated by angry letters from advocates for parents’ rights, especially homeschoolers. Let ’em write.

The state should have had someone to look after this boy. They should have had the authority to take the child away from his mother, who hated him, to save his life.

Veteran journalist Garry Rayno wrote a passionate editorial about the destructive voucher program in New Hampshire, promoted by out-of-state billionaires. Ninety percent of the students in the state attend public schools, but Republicans have diverted taxpayer dollars to private and religious schools. Their goal is a universal voucher program, where every student in the state is eligible for a voucher, with no income limits.

Rayno wrote at InDepthNH.org:

America’s traditional institutions, the foundation for the greatest political experiment in history, are under attack from the social safety net to food regulations, and from the court system to environmental protection.

The drive to create doubt and even rejection of these long-standing pillars of our society is to eventually destroy the underpinnings of government to create a new order where the rich will flourish even more with all the advantages, while everyone else will fight over the crumbs of the plutocrats.

The current large target in this fight to turn democracy into an oligarchy is the public school system.

The first blow to the public school system in New Hampshire was the push for charter schools, which are still public schools but without the regulations and requirements traditional public schools must meet.

Charter schools have had to ask the state for more and more per pupil money to stay afloat, about double the per pupil adequacy grant amount for traditional schools.

The charter schools that found a niche have been successful, but many have fallen by the wayside over the years even with federal grant money approved during the Trump administration for start-ups and expansions.

And until recently, they have not strayed into the Christian Nationalist area that has been widely promoted by Hinsdale College in Michigan and adopted by some states.

Then came the voucher push sold as a way of helping low-income families find a more suitable education environment for students who do not do well in the public-school setting.

After several unsuccessful attempts, proponents, who include Education Commissioner Frank Edelblut and State School Board Chairman Drew Cline, lawmakers successfully approved the Education Freedom Account program as a rider to the 2022-2023 biennial operating budget after it failed to pass the House and was retained.

Since then attempts to expand the eligibility of parents by raising the income cap passed two sessions ago, but failed in the recently completed session.

Instead of helping the low-income families with educational options the program has largely been a subsidy program for parents with children who were already in religious or private schools and homeschooling. 

Only about 10 to 15 percent of the increasingly expensive draw on the Education Trust Fund have left public schools for alternative education programs.

What proponents ultimately seek is a “universal program” which would be open to any New Hampshire student regardless of his or her parents’ income, although a similar program has nearly bankrupted Arizona and put public education at risk in Ohio, where it is being litigated.

New Hampshire is not alone in the push to do away with public education as we know it.

A letter from many national figures seeking to privatize education like Betsy DeVos and Edward Bennett; the CEOs of organizations pushing for privatization; former federal and state governors; sitting governors from almost all southern states; two state education commissioners including Edelblut, and state elected officials most from Republican controlled states was sent to Republican Congressional leaders saying, “The task before the next Congress is clear and unambiguous: bring education freedom to millions of students across America who desperately need it!”

The letter also touts the GOP’s platform approved at its recent national convention “to cultivate great K-12 schools, ensure safe learning environments free from political meddling, and restore Parental Rights. We commit to an Education System that empowers students, supports families, and promotes American Values… Republicans believe families should be empowered to choose the best Education for their children. We support Universal School Choice in every State in America.”

The political meddling the platform contends is that “Lessons about American values have been displaced by political or cultural trends of the day,” without noting several states have recently required the Bible be taught in public schools. 

Children whose faith is Muslim or Buddhism or are Native Americans may believe those state’s Biblical requirement is political meddling.

What the proponents of universal vouchers seek is to have Congress do what some state legislators, including Texas, have failed to do and that is approve universal private or religious education on the public’s dime.

This push to do away with public education has attempted to tarnish what has always been the great equalizer, by saying schools are failing, teachers are indoctrinating students and withholding information from parents. 

You would think public schools are a far-reaching conspiracy to destroy family values, while ignoring the fact that 90 percent of students are in public schools and many are very successful.

New Hampshire public schools ranked sixth in the nation this year, down from the number two spots five years ago.

The number ranking was before the push to privatize education became successful with the help of Gov. Chris Sununu who put both Edelblut and Cline where they are, in charge of the public education system in the state, although both seek to diminish its reach.

Edelblut focuses on the learning disparity between well to do school districts and the poorly performing ones that lack the property values to support schools in the same way property wealthy communities do as the reason to seek alternatives.

Yet when the state education funding system is raised as a possible culprit for the disparity, Edelblut is quick to dismiss that as a different issue when it isn’t.

One of the major concerns about the Education Freedom Program, the Business Tax Scholarship Program and charter schools, is the lack of accountability.

How do taxpayers know their money is being used wisely if there is no way to determine those students are receiving “an adequate education,” as the state Supreme Court ruled?
Attempts to bring more accountability have failed in the Republican controlled legislature.

At the same time, Cline this week in his column “The Broadside” touts the state as doing pretty well for educational entrepreneurs according to a recent ranking.

“There’s more that can be done to make New Hampshire a freer state for education entrepreneurs looking to start small, decentralized, and unconventional educational environments, but so far the state is doing better than most,” according to Cline.

He cites the Education Entrepreneur Freedom Index released by the yes.every kid.foundation for the ranking.

It shouldn’t be surprising that according to Wikipedia,  “Yes. every kid. (YEK) is a 501(c)(4) advocacy group that is a part of the Koch Network. Launched by the Charles Koch-funded Stand Together in June of 2019, YEK supports the privatization of education. The organization is a proponent of the school choice movement, advocating for subsidized private school vouchers and charter schools.”
The Koch Foundation has long advocated for ending public education and installing a private education system where you pay for what you get. Not exactly the great equalizer.

Cline argues New Hampshire should be looking to encourage more private education.

“States with more relaxed homeschool and nonpublic school laws/regulations score higher, as entrepreneurs have an easier time getting started in these states,” he notes.

Cline and the Koch organization suggest relaxing state requirements for non-public schools and also zoning regulations to make it easier to locate educational facilities including child care businesses by allowing education in all zoning districts in a municipality.

“Though New Hampshire lost a point for rules requiring state approval for non-public schools, the state could become much more friendly to education entrepreneurs, the study’s authors conclude, primarily by relaxing some child-care rules and local regulations,” Cline writes.

Supporters of Education Freedom Accounts are fond of saying the best accountability is if parents are satisfied with the education their children receive, which you would hope is the case or why would you leave your child in an unsatisfactory educational environment?

But that is not what the state Supreme Court said in its Claremont I decision. It said the state has a responsibility to provide an adequate education to every student in the state and to pay for it. Parents have choices but the state defines an adequate education.

The state legislature has yet to live up to its responsibility and allowing a bypass through religious and private schools and homeschooling is not constitutionally fair to those children.

If you believe public education is failing in this state, you should begin looking at the top: the governor, the commissioner and to the state board of education chair.

Their priority is not public education.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Every time I see New Hampshire Governor Chris Sununu interviewed on CNN, he plays the role of the GOP “moderate.” Don’t be fooled. When it comes to education, he’s a clone of Betsy DeVos.

Veteran New Hampshire Garry Rayno pulls away the mask of “moderate” that Sununu wears in this article in InDepthNH.

This is an important article for everyone to read, no matter where you live. It explains succinctly the true goals of the privatization movement.

He writes:

Public education has been since its inception with the work of Horace Mann, the great equalizer.

Students from poor families have been able to compete with students from the other side of the tracks, maybe not in reality, but close enough to at least have an opportunity to excel.

Many of the founding fathers understood the need for an educated public if democracy was going to survive and thrive.

A responsible citizen is an informed citizen, and that appears to be the problem today. Too many people interested in power instead of governing don’t want a truly informed public. Instead, they want enough of the public spoon fed “alternative facts,” conspiracy theories, and outright lies to ensure they retain power although they have views that are both harmful to the majority of citizens and allow the tyranny of the minority to overturn the will of the majority.

At the heart of the minority’s transformation plan is the destruction of the public school system.

New Hampshire has had a front row seat to the war on education since Chris Sununu was elected governor and named his rival for the Republican nomination in 2016, Frank Edelblut, to be Education Commissioner, a man without any experience in public education, which was the first for someone holding that position in our lifetime.

If Sununu did not know what would happen when he put Edelblut in charge of this critical state department, shame on him, because Edelblut’s one term in the House was a roadmap for his actions during his two terms as commissioner, his second ending in March 2025.

Sununu has also packed the State Board of Education with school choice advocates instead of supporters of public education, so you have the two entities in the executive branch responsible for the state’s public education systems, maybe not anti-public schools, but certainly not advocates for the state’s public education system.

According to the statutes, the education commissioner “is responsible for the organizational goals of the department and represents the public interest in the administration of improving the effectiveness and efficiency of administrative and instructional services to all public schools in New Hampshire.”

Notice it says public schools, not private schools or religious schools, or homeschooling, or learning pods, or any of the other non-public entities that are approved vendors under the state’s Education Freedom Account program, some with questionable philosophies or intent.

An attempt by lawmakers this year to better define the education commissioner’s qualifications and responsibilities to the public school system was defeated this term by the same element that pushed to establish the EFA program and then to expand it, although this year’s attempt to increase the income threshold to participate in the program failed on the last day of the session to act on bills.

The outright attacks on public education began in New Hampshire about a decade ago but gained more warriors as FreeStaters/Libertarians swelled the ranks of the House and Senate Republican members.

The attack on public education here has been much the same as it has been in other states, mostly in the south and the west, with claims of the indoctrination of students by leftwing faculty members.

They have also attacked educators directly and have tried to pack school boards — without much success — to undermine curriculum, educators and slash budgets as happened in Croydon several years ago when the annual school meeting was poorly attended due to a snowstorm.

The Republican majority in the 2021-2022 legislature passed the state’s divisive concepts law forbidding teaching controversial subjects such as institutional racism.

The law was recently found unconstitutional by a US District Court judge.

That was the same term the EFA program was approved after earlier unsuccessful attempts.

Both the EFA program and the divisive concepts law were included in the state’s biennial budget package because they were not likely to pass on their own.

The same folks also tied education into the trumped out recent outrage over the LGBTQ community and sold it as an attack on parental rights.

The intent was to start a war between parents and educators, although parents already have many of the rights touted by the anti-public school advocates.

The theory touted was that educators were keeping information from parents about their students and their sexual identification and that educators were urging students to explore different sexual identities.

Then came the book banning other areas of the country experienced like Florida where some school libraries were stripped of books.

The red herring advocates touted here came from a national app that contains almost every book published that students could access both in schools and at home, and not on school library shelves.

Some tried to enlist town and city libraries in the surveillance of children and what they read and accessed, but that did not go very far.

All of this goes to create the appearance that schools are hotbeds of leftist politics and anti-parental values, some fueled by Edelblut in an op-ed he sent to media outlets.

And despite all this ginned up controversy, local public schools that educate about 90 percent of the school age children in the state remain very popular with parents and the public at large.

If that is true, you have to ask what is behind the push to demonize public schools like political candidates demonize opponents.

Keep in mind this attack on public education occurs at the same time when the superior court’s latest education funding decision says the state does not provide enough money to cover the cost of an adequate education for every student and the way it raises its biggest contribution to public education — the Statewide Education Property Tax — is unconstitutional.

Education is governments’ —not just state government’s — single biggest expense, costing about $3.5 billion a year.

If you are a Libertarian or Free Stater who believes “taxation is theft,” destroying public schools will shift the cost directly to parents, and you could keep a lot more of your money to spend as you see fit and not for the good of society.

And if you espouse the philosophy of the Koch Foundation or former US Education Commissioner, Betsy DeVos, you not only keep more of your money, one of the largest union-backed workforces in the country will be dismantled when certified teachers are no longer needed.

Without a public education system, a child would receive the education his or her parents could afford and for many, particularly minorities, and the historically poor, that may not be much beyond the time they turn 16 and have to go to work to keep the family treading the economic waters.

And then maybe they will work for a lot less than if they had a high school, or even a college education.

And without even an adequate education, how informed will the general public be or how capable of the critical thinking needed to realize all those folks touting their parental rights really do not have their best interests at heart.

Garry Rayno may be reached at garry.rayno@yahoo.com.

Distant Dome by veteran journalist Garry Rayno explores a broader perspective on the State House and state happenings for InDepthNH.org. Over his three-decade career, Rayno covered the NH State House for the New Hampshire Union Leader and Foster’s Daily Democrat. During his career, his coverage spanned the news spectrum, from local planning, school and select boards, to national issues such as electric industry deregulation and Presidential primaries. Rayno lives with his wife Carolyn in New London.

Good news in New Hampshire! Federal Judge Paul Barbadoro threw out the state’s “divisive concepts” law, which banned the teaching of anything that might be “divisive.” The same kind of law has been used in other states to ban the teaching of historical facts and literature about Blacks and gays. The judge declared it was too vague to be Constitutional and created confusion about what was and was not allowed in the classroom. In an ironic twist, the law that censors teaching and curriculum is titled “The Law Against Discrimination.”

Nancy West of InDepthNH.com wrote about the decision, which certainly must have upset State Commissioner Frank Edelblut and Governor Chris Sununu, as well as the state’s busybody Moms for Liberty.

West writes:

CONCORD – A federal judge on Tuesday struck down the state’s controversial ‘divisive concepts’ law, which had its roots in an executive order by former President Trump, that limited how teachers can discuss issues such as race, sexual orientation and gender identity with students.

The law, passed in a budget rider in 2021, created a chilling atmosphere in classrooms around the state with teachers unsure of what they could discuss about those issues without fear of being suspended or even banned from teaching altogether in the state.

The four banned concepts include:  That one’s age, sex, gender identity, sexual orientation, race, creed, or color is inherently superior or inferior; that an individual, by virtue of age, sex, gender identity, sexual orientation, race, creed, color…is inherently racist, sexist, or oppressive, whether consciously or unconsciously; that an individual should be discriminated against  because of his or her age, sex, gender identity, sexual orientation, race, creed, color; and that people of one age, sex, gender identity, sexual orientation, race, creed, color…cannot and should not attempt to treat others without regard to age, sex, gender identity, sexual orientation, race, creed, color…., according to the judge’s ruling.

In New Hampshire it’s called the Law Against Discrimination and makes it unlawful for a public employer to “teach, advocate, instruct, or train” the banned concepts to “any employee, student, service recipient, contractor, staff member, inmate, or any other individual or group.”

U.S. District Court Judge Paul Barbadoro ruled the law is unconstitutional under the 14th Amendment because it is too vague.

In the suit filed against Education Commissioner Frank Edelblut and the Department of Education by the National Education Association of New Hampshire and the American Federation of Teachers of New Hampshire, Barbadoro sided with the teachers and granted their motion for summary judgment.

  “The Amendments are viewpoint-based restrictions on speech that do not provide either fair warning to educators of what they prohibit or sufficient standards for law enforcement to prevent arbitrary and discriminatory enforcement. Thus, the Amendments violate the Fourteenth Amendment to the U.S. Constitution,” Barbadoro wrote…

The controversy escalated after Edelblut posted a page of the Department of Education website to file complaints against teachers for allegedly discriminating and a group called Moms for Liberty offered a $500 reward “for the person that first successfully catches a public school teacher breaking this law.”

Barbadoro wrote: “RSA § 193:40, IV provides that a “[v]iolation of this section by an educator shall be considered a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education.

“An ‘educator’ is defined as ‘a professional employee of any school district whose position requires certification by the state board [of education].’ RSA § 193:40, V. Potential disciplinary sanctions include reprimand, suspension, and revocation of the educator’s certification.

“In other words, an educator who is found to have taught or advocated a banned concept may lose not only his or her job, but also the ability to teach anywhere in the state,” Barbadoro wrote…

Barbadoro was critical of Edelblut’s two op-ed pieces in the New Hampshire Union Leader.

“Despite the fact that the articles offer minimal interpretive guidance, Department of Education officials have referred educators to them as a reference point. For example, after showing two music videos to her class as part of a unit on the Harlem Renaissance, Alison O’Brien, a social studies teacher at Windham High School, was called into a meeting with her principal and informed that she was being investigated by the Department of Education in response to a parent’s complaint.

“Department of Education Investigator Richard Farrell recommended that Windham’s administrators consult Edelblut’s April 2022 opinion article to understand the context of the investigation against O’Brien, without otherwise explaining why O’Brien’s lesson warranted investigation. After witnessing her experience, O’Brien’s colleagues grew anxious about facing similar actions,” Barbadoro wrote.

What did she do wrong? She doesn’t know.

Edelblut, the state’s top education official, homeschooled his children. He was appointed by Governor Sununu. The governor likes to pretend he is a Republican moderate. Don’t be fooled.

Judge Barbadoro was appointed by President George H.W. Bush.

Open the link to finish reading the article.

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New Hampshire reporter Garry Rayno says that the state legislature has its priorities upside down. Writing at IndepthNH.org, Rayno describes a Republican state government led by “moderate” Governor Chris Sununu that’s determined to destroy public schools while expanding vouchers eventually to cover all students’ private school tuition, including the children of the richest residents. Sununu appointed a homeschooling parent, Frank Edelblut, as the State Commissioner of Education. Edelblut is hostile to public schools and eager to divert funding from them.

The Republican legislature refused to renew a program to feed hungry children. As Rayno notes, they are “pro-life,” but don’t care much about living children.

Rayno writes:

From the new proposed rules for education minimum standards to alternative education opportunities, the state legislature and the executive branch appear to have their priorities upside down.

Call it culture wars, call it the war on public education or whatever you want, but much more attention is being paid to about 3 or 4 percent of the state’s school-age students — mostly in private and religious schools or home-schooled — while about 24 percent of public school students with food insecurity do not receive the same attention.

While there is ample evidence a hungry student is not a student fully focused on his or her studies, and is less likely to succeed academically than those who aren’t hungry when they come to school, the House last week by the slimmest of margins, said the food insecure kids could go hungry in this, one of the wealthiest per-capita states in the country.

House Bill 1212 supporters were willing to trim the cost by reducing the income cap from 350 percent of the federal poverty level to 250 percent or about $17 million annually from the Education Trust Fund instead of $50 million.

But that failed to induce enough Republican support to take the bill off the table where a near party line vote had put it, effectively killing it for this year.

The Republican majority also did not want to spend $150,000 of federal pandemic money to hire a coordinator to help about 1,500 homeless students who do not qualify for state homeless services because they do not live with their parents.

Many of the 1,500 students are in the LGBTQIA+ community.

Many of the same people who did not want to spend state or federal money to feed the hungry and help the homeless children and youths favor greater restrictions on abortions or are “pro-life.”

What they are saying with their votes, is we want you to have babies whether you want them or not or whether you can afford them or not, but once they are born, you’re responsible for taking care of them with no help from us.

Pro-life may not be the best term for anti-abortion proponents who voted not to feed the hungry children nor help find them a place to live…

Yet this week two public hearings will be held on bills to expand the eligibility for the Education Freedom Account program now in its third year, and every year well over its budgeted appropriation.

The bill would increase the income cap for the program from 350 percent of the federal poverty level to 500 percent which is $156,000 for a family of four and $102,000 for a parent and child household based on federal 2024 figures.

The current rate would limit family income to $109,200 for a family of four and $71,540 for a family of two.

The cost of the program since its inception has steadily increased from $8.1 million the first year, to $15 million the second and $25 million for the current school year.

The bill barely passed the House and the House Finance Committee chair waived fiscal review of the increase although many more students would be eligible — well above 50 percent of the families in New Hampshire and greatly increasing the cost, but bill proponents did not want to give Democrats another shot at killing the bill.

The money for the program comes from the Education Trust Fund which also provides the adequacy grants to public schools and the larger grants to charter schools, along with special education, building aid and other educational activities…

The bill will increase the income threshold from 350 percent to 400 percent with the threshold for a family of two $81,760 and a family of four at $124,800.

Reaching Higher Education estimates this increase will bring the cost for next school year to $53.4 million.

That is about a quarter of the current surplus in the Education Trust Fund.

The ultimate goal for supporters of the EFA program is universal eligibility or having no income cap so every family in the state would be eligible which would cost $90 million to $100 million if all the students in private or religious schools and homeschool programs sought and received some grants.

About 10 states have universal or near universal voucher programs, but the two states that have attracted the most attention because of their impact on state budgets have been Arizona and Ohio and both have gone well over estimated costs as they have here in New Hampshire.

The program is bankrupting Arizona and the Democratic governor is trying to limit its reach, but the Republican-controlled legislature has refused to go along.

Ohio faces a lawsuit over its program claiming it is hurting public schools while the vast majority of the new participants are students already in private or religious schools or homeschooling programs.  

Sound familiar.

As one Texas state senator said when Gov. Greg Abbott was pushing for school vouchers, “it is nothing but a subsidy for the wealthy.”

And there are the new rules for the state’s minimum standards for public schools.

Two public hearings were held in the past two weeks and the proposed rules were universally trashed by almost everyone testifying causing state Board of Education chair Drew Cline to chastise those focusing on the rules presented to the board in February while a newer, updated version will come before the board soon, although that updated proposal is not available to the public.

The rules are aimed at clarifying and adding details to the state’s competency-based education model, but they also have been criticized for lowering the existing minimum standards, removing limits on class size, making many standards optional and not mandatory, and no longer requiring certified teachers and professionals.

Other concerns were the proposal would do away with local control, a hallmark for public education in the state, and move toward privatizing education and away from what one person called the great equalizer “public education.”

Education Commissioner Frank Edelblut proposed bills in the last few sessions that would have eliminated many current standards to focus only on the core areas of English, math and science, but without much success with the legislature.

Many saw the plan as a way to lower the state’s share of the cost of education and to make public school alternatives more attractive to students and parents.

Say what you will about Edelblut and his opinions about public education, he is tenacious.

The state is at a crossroads that will determine what public education will be for the next decade and on whether or not the state is willing to take care of its most vulnerable so they can fully participate in that education.

The end of the 2024 session and ultimately the next election should provide a vision of the future for New Hampshire and its children.

Garry Rayno may be reached at garry.rayno@yahoo.com.