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Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe Jan 2014

Brief Amicus Curiae Of The Honorable Margaret W. Hassan Governor Of The State Of New Hampshire In Support Of The Plaintiffs/Cross-Appellants, Lucy C. Hodder, John M. Greabe

Law Faculty Scholarship

SUMMARY OF ARGUMENT

The Governor confines her argument in this amicus brief to whether the superior court correctly concluded that the education tax credit program enacted under RSA § 77-G violates Article 83 insofar as it permits organizations authorized to receive donations subsidized by the credit to use those donations to fund student scholarships to religious, non-public schools. In the Governor’s view, the superior court’s finding of unconstitutionality was correct.

In its text, structure, and history (including its interpretive history), the New Hampshire Constitution significantly differs from the First Amendment’s Establishment Clause with respect to the question whether revenue generated …


Committing To Equal Opportunity, Elizaveta Minko Apr 2012

Committing To Equal Opportunity, Elizaveta Minko

Honors Theses and Capstones

The main goal of this research paper was to examine whether the New Hampshire funding system of public education is effective in providing equal educational opportunities to all children. The findings from the quantitative and qualitative analyses of this research study suggest that, despite a historically increasing role of the state government, New Hampshire’s funding system of public education has not proven to be effective in providing the opportunity of an adequate education to students in poor districts, and gaps in student achievement persist between poor and wealthier districts. The underlying problems of the funding structure are explored, and, finally, …


The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca Dec 2007

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …