New Hampshire Court Says State Must Hold School Districts Accountable

In a victory for the lower wealth school district plaintiffs in the on-going Claremont v. Governor lawsuit, the New Hampshire Supreme Court held, on April 11, that the state's accountability provisions are inadequate.

The State argued that its "school approval" (input) standards and its education improvement and assessment program (output standards) comprise a sound system for delivering the opportunity for an adequate education. However, the court held that the State's system of accountability for its input standards falls short of constitutional requirements because it allows financially strapped districts to "provide less than an adequate education as measured by these minimum standards," in direct conflict with the State's obligation to guarantee sufficient funding for an adequate education. Similarly, the court declared the State's system of accountability for its output standards unconstitutional because it "merely encourages" local districts to meet standards instead of requiring a substantive response to unsatisfactory assessment results.

In its earlier Claremont opinions, the court held that the State must identify the essential elements of an adequate education, determine the cost, fund it, and ensure its delivery through accountability. In December 2001, the court decided to hear plaintiffs' challenge to the accountability system and directed plaintiffs to the Superior Court for factual questions raised as to whether the state's determination of the cost of an adequate education meets the constitutional mandate. The results of any further proceedings will be reported here.

Prepared April 15, 2002