A superior court judge dismissed a lawsuit by a teachers union official challenging the constitutionality of the state’s Education Freedom Account program, rejecting all three arguments, the New Hampshire Union Leader reported. The ruling left the program intact.
A superior court judge this week dismissed a lawsuit challenging the constitutionality of the state’s Education Freedom Account program
the New Hampshire Union Leader
The suit, brought by American Federation of Teachers President Deb Howes, argued the spending violated a constitutional ban on using lottery money for anything other than aid to public schools, the New Hampshire Union Leader reported. Superior Court Judge Amy Ignatius rejected the claim in a 10-page decision.
“The court finds that the legislature established proper safeguards and did not impermissibly delegate a government function,” Ignatius wrote.
the New Hampshire Union Leader
Attorney General John Formella welcomed the outcome, telling the New Hampshire Union Leader the decision preserved family choice. As the article reported, Formella said the ruling “preserves the ability of Granite State families to have real options so they can make the best educational choices for their students.”
The plaintiff said the result was “disappointing but not surprising,” the New Hampshire Union Leader reported, and argued lawmakers should focus on the roughly 160,000 public school students rather than the families using EFAs. The Institute for Justice, which intervened on behalf of supportive parents, welcomed the decision.
“We are glad to see that the court rejected yet another attempt by opponents of choice programs to deny educational opportunities to families,” said Institute for Justice’s educational choice attorney David Hodges.
the New Hampshire Union Leader
Gov. Chris Sununu called the ruling a victory for parental rights, telling the New Hampshire Union Leader that “Education has to be focused on the kids, not the system” and declaring “EFAs are here to stay in New Hampshire!” The Legislature had earlier changed the law, effective July 1, to allow Education Trust Fund money to be used for the scholarships. One parent who receives an EFA, Amy Shaw, said the decision was a relief because the program helps her daughters attend a school that meets their needs.
The union official who brought the suit said she remained troubled by the court’s reasoning. She warned about what she saw as the decision’s broader implications for accountability.
“That stunning admission should shock the public to its core and give everyone pause about the accountability and quality of voucher schools.”
the New Hampshire Union Leader
The Legislature had changed the law, effective July 1, to allow Education Trust Fund money to be used for EFA scholarships, undercutting one of the suit’s central arguments. The Institute for Justice had intervened in the case on behalf of parents who rely on the accounts. Attorney General John Formella and Gov. Chris Sununu both hailed the ruling as a win for parental choice, with Sununu declaring the accounts were “here to stay” in New Hampshire. With the legal challenge resolved, supporters said they would turn back to the Legislature to push for broader eligibility, setting up another round of debate over the program’s reach and cost.
Read the full story at the New Hampshire Union Leader.
