Foundation files ‘friend of the court’ brief in ConVal case

The New Hampshire Charitable Foundation has filed an amicus curiae, or “friend of the court,” brief with the New Hampshire Supreme Court in the ConVal school funding case.

The brief encourages the court to uphold the fundamental right of every child in New Hampshire to receive an adequate education.

The brief states: “Viewed by the framers of New Hampshire’s Constitution as the ‘cornerstone of democracy’ and ‘essential to the preservation of a free government,’ the right to an adequate education has been enshrined in the State Constitution as a right to be cherished and protected.”

In the brief, the Foundation argues that the state has fallen short of its obligation to fund an adequate education for all its children — to the detriment of students, communities and the state. “NHCF respectfully submits that the fundamental right to education must ensure that New Hampshire schoolchildren receive public educational opportunities that allow them to meaningfully participate in our democracy, succeed in our workforce, and receive adequate preparation to pursue higher education pathways if they so choose.  NHCF understands the power of our public education system to ensure that all our children, whether their parents are rich or poor, their communities wealthy or struggling, are afforded the tools they need to flourish.”

The Contoocook Valley School District filed the current lawsuit in 2019. The suit follows decades of previous litigation affirming the state’s constitutional responsibility to fund an adequate education for its children. Eighteen more school districts joined ConVal as plaintiffs. In November of 2023, Rockingham County Superior Court Judge David Ruoff found in favor of ConVal and the other plaintiffs that the state was not meeting its constitutional obligation, because it was not providing adequate funding to educate its young people. The state appealed the decision.

In its brief, the Foundation encourages the Supreme Court to concur with the lower court’s finding:

“This Court should affirm the trial court’s determination that the current allocation of base aid of $4,100 per pupil, pursuant to a per pupil funding formula adopted by the Legislature, fails to meet the State’s  constitutional duty to cherish education for all New Hampshire students.” The brief argues that it is appropriate for the courts to assess whether the Legislature is meeting its obligation, and that the lower court used both compelling evidence and common-sense calculations to determine that the formula created by the Legislature results in an inadequate base aid amount.”

And, it argues: “What amount of base aid is in place — and whether it is enough to provide an adequate education — is a fundamental, foundational first step for addressing inequities in opportunities resulting from our current funding mechanism.”

The Foundation is represented by Michael Delaney of the law firm McLane Middleton.

It is the first time in the Foundation’s 62-year history that the organization has filed such a brief.

“At the Foundation, our purpose is to make New Hampshire a community where everyone can thrive — and there is no more important institution to making that aspiration a reality than our public schools,” said Foundation President and CEO Richard Ober. “We are all better off when every single child has access to a world-class public education that sets them up for success. Right now, only some of New Hampshire’s children have that. We felt strongly that it was important to lend our voice in this moment for the Court’s consideration.”

As New Hampshire’s statewide community foundation, the Charitable Foundation has long supported public education, including recent investments in nonprofit organizations dedicated to strengthening New Hampshire’s public schools and improving student outcomes. The Foundation is also the largest private source of post-secondary scholarship assistance in the state. In 2023, the Foundation provided $7.67 million in scholarship support to more than 1,800 New Hampshire students.

As the brief states: “The New Hampshire Charitable Foundation has a concrete interest in and has long sought to advance the quality of educational opportunities provided to all of New Hampshire’s children and youth…NHCF believes that New Hampshire’s meaningful investments in public education will develop an educated citizenry, sustain our democracy, stimulate civic engagement, and grow our economy.”

The Foundation’s brief acknowledges that philanthropic contributions, while important, cannot and should not replace public funding: “NHCF has seen how the State’s failure to meet its obligation robs too many of our kids of the promise of equal opportunity. NHCF’s philanthropic investments, and those of other grant-makers and private scholarship providers, however significant, cannot ever take the place of the needed commitments of public funding to support this shared public good. In fact, NHCF and its grantees can only be successful in achieving their nonprofit missions when adequate public funding provides a firm baseline. Not only the economic prosperity of our State, but also the civic health of our State and communities is impaired when the State fails to live up to its constitutional obligations, relinquishing thousands of New Hampshire kids to under-resourced schools.”

The Court will schedule oral arguments for the state and plaintiffs and make a ruling on the appeal.

The Foundation’s full brief can be read here.