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Superior Court Rules School Funding Plan Unconstitutional

The Hillsborough County Superior Court ruled on March 7, 2006 that the state’s school funding law is unconstitutional. The Court ruled that the law failed to define an adequate education and placed an unfair burden on the State’s “property poor” towns. The lawsuit was initially brought by Londonderry School District, Merrimack School District, and a non-profit organization consisting of nineteen School Administrative Units. In declaring the law unconstitutional, Superior Court Judge William Groff wrote the Legislature “has completely failed to fulfill its constitutional duty” of adopting specific criteria to ensure delivery of a constitutionally adequate education, as required by the Supreme Court in the line of Claremont cases. Additionally, the Court also ruled that the funding system was unconstitutional because it resulted in a disproportional taxing system between the State’s “property rich” towns and “property poor” towns. For a more detailed account of the ruling, please check under NHSBA’s Legal Information section of the website.

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