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CONCORD — The fate of state Education Commissioner Frank Edelblut hangs in the balance of the New Hampshire governor’s election as the two candidates, Joyce Craig and Kelly Ayotte, have very different visions of the state’s future in education.
Edelblut has served as education commissioner since 2017, making him one of the longest-serving education commissioners in the country. He has been a controversial figure, strongly supporting the school voucher program known as Education Freedom Accounts and policies some conservatives refer to as parental rights in schools. In 2022, he faced widespread criticism for an opinion piece he wrote saying that some educators show “bias” when they teach about topics like sexuality and gender. Edelblut stated it wasn’t appropriate for teachers to tell young children there are more than two genders and received backlash from those who support the LGBTQ+ community.
“I think we all share the same common value of making sure that our children have an opportunity for success and bright futures,” Edelblut said in response to criticism at the time.
Edelblut and the NH Department of Education have also critically examined books in school libraries and classrooms. In Dover, they repeatedly raised concerns about specific books and pressed the school district to explain how they decide library content. Edelblut also asked for an inquiry into a complaint about a “Read Banned Books” poster on a middle school classroom’s door. Dover administrators and other opponents felt the department was “insinuating” the school should remove or ban certain books. However, Edelblut’s willingness to investigate such complaints has also been applauded by those who are concerned about classroom content.
Edelblut did not have a professional background in education before becoming education commissioner, and his seven children were home-schooled. His biography states he “wants to see an education system that actually serves all children.”
The two largest teachers unions in New Hampshire, NEA-NH and AFT-NH, opposed Edelblut’s nomination. Both unions endorsed Craig for governor on Thursday.
Joyce Craig, the Democratic nominee for governor, has repeatedly said she would ask for Edelblut’s resignation on day one in office.
“I think it is critically important that we have an education commissioner in New Hampshire who understands and appreciates public schools,” said Craig. “I’ll fight for every child in our state to receive a quality public education.”
Craig criticized his support for the Education Freedom Account program, what she called the “voucher scheme.” The program allows people making up to 350% of the federal poverty level, or $109,200 for a family of four, to use annual state education funds for private and homeschooling expenses.
Craig and her fellow Democrats have said it is wrong to take public money intended for public schools and allow families to use that money to spend on private school tuition or home schooling. Their objections have grown louder as Republicans have worked to make families with higher incomes eligible for the money, saying it harms public schools and taxpayers shouldn’t be asked to fund private school tuition. Republicans argue the program allows parents to choose a different educational path for their child if they aren’t happy with their public school.
Craig also slammed Edelblut’s efforts to lower the minimum standards public schools in New Hampshire must meet and his approval of a five-year renewal of an online financial literacy course offered by conservative media organization PragerU for high school academic credit.
In replacing Edelblut, Craig said she would look for someone with a background working in a public school who believes public education can be a “tremendous value” to communities.
“We need to lift up our public schools in this state to meet the needs of our families,” she said. “We need an education commissioner who again believes and understands that and will work day and night to make sure we are providing quality public education to families throughout our state.”
Edelblut did not return a request for comment.
Craig said she first got involved in public service when she ran for school board.
“Quality public education is a huge priority of mine,” she said. “I know that when we have quality public schools, it leads to thriving communities and really creates opportunities for our kids and their futures.”
Republican nominee Kelly Ayotte hasn’t committed on whether she would retain Edelblut, but said she wants to keep New Hampshire on the “Sununu path” when it comes to education.
“When I become governor, I will be sitting down with Commissioner Edelblut and all the current commissioners to hear their vision for their departments and communicate my priorities for keeping New Hampshire moving in the right direction,” Ayotte said. “When it comes to making appointments, I will be assessing candidates’ experience in the given area and the leadership skills they bring to the table in being able to lead others to achieve our shared goals.”
She supports the Education Freedom Accounts, saying that “every child learns differently” and parents should be able to choose the best option of schooling for their child.
Ayotte, too, emphasized her commitment to education. She said she and her husband, Joseph Daley, are “the proud product of public schools.” Daley is a math teacher at Saint Christopher Academy, a private school in Nashua.
“Ensuring we have the best education system in the country is important to me,” Ayotte said. “I’ve heard from him firsthand how our students are behind in key fundamentals like reading and math. In order to ensure our state stays on the path to prosperity, I would work to strengthen our academic standards and make sure schools are focused on the fundamentals.”
A recent law signed by Sununu bans transgender girls from playing on teams aligning with their gender identity. Controversial before signing, the families of two transgender girls have already sued the state of New Hampshire over the law. Parker Tirrell, one of those transgender girls, is being allowed to play after Judge Landya McCaffery of the U.S. District Court of New Hampshire ruled in her favor. “You can’t discriminate against someone because they’re transgender,” the judge said. In North Sutton, Kearsarge Regional School District defied the law and allowed another transgender student-athlete back on the girls’ team.
Craig said she thinks these decisions should be left to the state’s athletic associations and “aren’t helped by politicians making these blanket rules.” She said she would work with the legislature to repeal the law.
“I trust experts to determine the standards that are fair for competitive sports, and I want every child to have the chance to participate in recreational sports, to gain confidence and to make friends,” she said. “I feel that we’re losing sight of the fact that these are kids who want to participate in sports with their friends.”
Ayotte said she wants every child to “have the opportunity to participate,” such as in coed groups.
“However, protecting girls’ sports is a matter of fairness and upholding Title IX,” she said. “My daughter worked hard as a three-sport athlete to win three state championships, and every girl should have that opportunity to succeed.”
The two also differ on parental rights, a top priority for many conservatives who say that teachers should respond honestly to any parent questions. Ayotte said she would sign a “Parental Bill of Rights” to make sure parents know what is happening with their child in school. This could include compelling schools to tell parents if their children are identifying as transgender at school. LGBTQ+ groups and teachers have said this could be dangerous in some cases and prevent students from seeking help at school.
Ayotte said she would balance parental rights with safety concerns.
Craig said parents play a “pivotal role” in their children’s education and that parents, teachers, and administrators need to work together and towards a “partnership.” She said that students need to have people that they can trust to speak with in schools.
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Craig also said she would support free school lunch, something that is on the House Democrats’ agenda, and called for looking at educator pay and reinstating school building aid.
Ayotte said she wants to expand career and technical education programs in high schools through public-private partnerships between high schools and community colleges. Craig, too, said she would want to create pathways for students to the trades, as well as other “critical professional needs” like nursing, mental health, and counselors.
Polls show the governor’s race is expected to be close. Ayotte held a small lead in a recent St. Anselm poll, and Craig was slightly ahead in a UNH Survey Center poll. The election will take place on Nov. 5.
New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.
Notice compliance
One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.
At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)
Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:
• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.
• deductions made from the employee’s payroll check, for each period such deductions are made.
• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)
Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.
Two-hour minimum (reporting pay)
Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.
Salaried vs. hourly employees
Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.
Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.
Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.
Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.
Local News
A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.
“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”
Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.
Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.
The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.
As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.
Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.
“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.
The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.
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