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New Hampshire

How a school-choice request in N.H. led to questions about state board’s authority – The Boston Globe

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How a school-choice request in N.H. led to questions about state board’s authority – The Boston Globe


“We didn’t want to do this,” Lempster Superintendent James M. Lewis said, “but this is the route we have available to us now.”

If the Lempster School District prevails, this dispute could help to clarify the limits of the state board’s authority, according to Barrett M. Christina, executive director of the New Hampshire School Boards Association.

And if the state’s legal team prevails?

“I think it would give the state board of education unfettered authority to overrule decisions made at the local level,” Christina said.

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Last fall, Leite asked the Lempster School District to sign a tuition contract with Mount Royal Academy, a Catholic school in nearby Sunapee. That way, high school students from Lempster — which doesn’t have a high school of its own — could opt to attend the private school at taxpayer expense.

The district already has contracts with a few public high schools in the area. Leite sought to add Mount Royal to the menu of options. That has been permissible since 2021, when state law was changed to allow districts that lack a public school for a particular grade level to approve tuition contracts with private religious schools.

As of last spring, a couple of students were already attending Mount Royal through such a tuition arrangement with the town of Croydon, according to headmaster Derek Tremblay.

Lempster’s school board met with Mount Royal representatives in January to discuss Leite’s request, but decided in February not to pursue the contract, according to school board meeting minutes. The board voiced concerns about the narrower scope of services that Mount Royal provides, particularly with regard to special education.

“After all consideration, the board said, ‘You know … it doesn’t match with what we’re looking for,’” Lewis said. “And the board has that right.”

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Leite, however, didn’t give up and filed the appeal.

The state scheduled hearings on the matter, but then the Lempster school board filed suit in April, claiming the state board has a pattern of asserting jurisdiction where it legally has none, forcing public schools to spend time and money on appellate processes that lack any basis in state law.

“Sometimes you have to say ‘no,’ and this is a situation where we’re not going to roll over,” Lewis said.

The presiding judge granted a preliminary injunction on July 30, with a ruling that suggests Lempster’s claims seem potentially persuasive.

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State claiming very broad authority

Lawyers in the attorney general’s office, who represent the state board, have refuted the Lempster School District’s allegations. They argue state lawmakers clearly intended the state board to supervise, manage, and direct local school districts. They cite a law that gives the state board jurisdiction over a range of appeals.

One of those lawyers, Rory S. Miller, argued in a court filing in May that the state board has “complete authority” to act when disputes arise between individuals and school districts unless state law offers a specific command to the contrary. That, he added, means the state board has the discretion to direct public schools to approve tuition agreements with private schools on an appeal-by-appeal basis.

But that argument drew a skeptical line of questioning from Merrimack County Superior Court Judge Daniel I. St. Hilaire during a July 31 hearing on a motion to dismiss Lempster’s lawsuit.

“How can they upend a decision by a local school board and force them to enter into a contract?” he asked. “I don’t understand that.”

Miller replied that local school boards are subordinate entities that must obey the state board’s edicts. That’s how it’s been in New Hampshire for more than a century, he said.

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St. Hilaire has yet to rule on the state’s motion to dismiss, but his order granting a preliminary injunction rebuffed key pieces of Miller’s case. He wrote that the Lempster School District can pursue contracts “in whatever way it wishes,” that the district was “under no obligation to comply with Leite’s request,” and that the attorney general’s office has cited laws that don’t actually give the state board authority to review this particular decision.

Christina, of the school boards association, said the state Board of Education clearly has legal authority to hear certain types of appeals, but the attorney general’s office is advancing an overbroad argument that would give the state board too much discretion.

Christina said the state board — all seven members were appointed by Republican Governor Chris Sununu and confirmed by the state’s five-member Executive Council — has taken an expansive view of its power in the past six or seven years. Members often seem to side with appellants just because they dislike what the local school board decided, he said.

“Anybody with any complaint seems to be getting their way, regardless of the merits or legalities of the case before the state board,” he said.

Andrew C. Cline, chairman of the state board, disputed that claim. He said the state board has ruled against parents several times because what they requested would have been inappropriate for the state board to impose.

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“The board cannot and does not exceed the authority given to it by statute, and we consult with legal counsel in every contested case between a parent and school district to make sure we do not exceed our granted authority,” he said in an email.

Cline noted that parties can file an appeal in court if they believe the state board has overstepped.

But the appellate process itself can put resource-constrained school districts in a tough spot, Christina said.

“They can appeal an unfavorable decision from the state Board of Education, but that’s time, effort, money,” he said.

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Religious discrimination not the crux

During the July 31 court hearing, Leite told the judge she assumes the Lempster school board’s refusal to ink a contract with a private religious school must be discriminatory and based on the board members’ personal beliefs.

But others said the school board members had asked questions and articulated concerns unrelated to Mount Royal’s religious affiliation.

“I don’t think the religion aspect had anything to do with it,” Superintendent Lewis told The Boston Globe.

Tremblay, the Mount Royal headmaster, said the Lempster school board members were “cordial” and “sincere” when he met with them in January.

“It seemed to me like they were asking all the questions that really mattered to them,” Tremblay told the Globe, “and I don’t remember religion being a dominating influence. … I don’t even remember the question being asked.”

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Leite, who has not granted the Globe’s interview requests, also told the judge she doesn’t believe it’s necessary for her family to pursue any alternative funding arrangement, such as by asking for a “manifest educational hardship” exception or tapping into the state’s “education freedom accounts” program.

“I am not looking for any handouts,” she said.

Under the EFA program, a family that earns up to 350 percent of the federal poverty level — that’s about $109,000 for a family of four — can use money the state would have spent on their child’s public school education to cover costs associated with private school or home-schooling. That EFA funding averaged $5,235 per student last year, according to the New Hampshire Department of Education.

Tuition for high school students at Mount Royal will be $10,700 this school year, Tremblay said.

Parents who send their children to Mount Royal do so knowing the school doesn’t have the same level of resources they could find at a government-run school, Tremblay added. The academy doesn’t have a school psychologist or specialists in speech or occupational therapy, he noted.

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“We will not be able to support as much as you could receive in a public school,” he said, “but we’re certainly willing to do everything we can.”

The dispute between the Lempster School District and the state board is happening as policymakers have debated whether and how to expand New Hampshire’s school-choice policies, while also grappling with court orders that deemed major components of the state’s overall school funding apparatus unconstitutional.

The leaders who voters select in November could bring big changes.

Sununu’s successor will decide who to appoint to the state board of education as incumbents finish their four-year terms.

Exactly how much power those appointees can wield over locally elected school officials could depend on how the courts decide Lempster’s case.

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Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.





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New Hampshire

New Hampshire woman arrested after high-speed chase ends in crash

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New Hampshire woman arrested after high-speed chase ends in crash


DOVER, New Hampshire (WGME) — A New Hampshire woman is facing charges after reportedly speeding more than 100 miles per hour during a police chase.

New Hampshire State Police say it happened Saturday night on Route 16 in Dover.

Troopers say they tried to pull over the driver, Stephanie Dupont, but she took off at high speed.

Troopers say they followed her to Exit 3, where she veered off the road.

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After the crash, they say she jumped out of the car and tried to flee on foot.

An off-duty officer from Ogunquit happened to be near by and was able to stop her.

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Officials say Dupont suffered non-life-threatening injuries in the crash.

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New Hampshire

Judge strikes down challenge to NH absentee voting law

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Judge strikes down challenge to NH absentee voting law


A superior court judge has dismissed a lawsuit filed by a group of visually impaired New Hampshire voters who argued a newly passed absentee voter law violates the state constitution.

In a lawsuit filed this summer, the plaintiffs alleged the measure, which was backed by state Republicans, places a disproportionate burden on people with disabilities by making it harder to vote.

On Friday, New Hampshire Superior Court Judge David Ruoff dismissed the case, ruling that the new policies are reasonable.

The new law requires people requesting an absentee ballot to prove their identity in one of three ways: either mail in a photocopy of an ID, along with their ballot application; have their ballot application notarized; or show an ID at town hall prior to an election.

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In his opinion, Ruoff said, “The identification requirements impose ordinary burdens on all absentee voters, and the possibility that it may cause additional burden on a subset of absentee voters does not render the entire statute unconstitutional.”

It isn’t clear if the plaintiffs will appeal the ruling to the New Hampshire Supreme Court.

“We appreciate the Court’s recognition that the identification requirements for absentee voters are reasonable, constitutional, and consistent with New Hampshire’s long-standing election practices,” said New Hampshire Attorney General John Formella, who defended the law in court.

New Hampshire residents who vote in person are already required to show an ID at the polls when requesting a ballot. Supporters of the new law say the same safeguards should be in place for those voters who request an absentee ballot.

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New Hampshire

Reduced federal funds to boost broadband in New Hampshire – Valley News

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Reduced federal funds to boost broadband in New Hampshire – Valley News


Despite some angst that the Trump Administration might vaporize the money, funds are coming to New Hampshire to expand broadband internet access throughout the state, although the amount isn’t what was originally allocated.

The recently announced funding is $18.6 million, significantly less than the original $196.5 million.

The news was, nevertheless, greeted with bipartisan enthusiasm.

“New Hampshire is proud to be No. 1 in the nation for internet connectivity, and this new federal funding we have secured will help us reach our goal of delivering reliable broadband access to everyone in our state,” Republican Gov. Kelly Ayotte said in a statement.

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“Having worked on the broadband provisions in the bipartisan infrastructure law, I know how important internet connectivity is for small businesses to grow and compete, for students to learn and thrive and for those in remote areas to access health care,” said Democratic U.S. Sen. Jeanne Shaheen.

The broadband funding is $18.6 million. It comes from the Broadband Equity Access and Deployment Program (BEAD), part of the Infrastructure Investment and Jobs Act of 2021, bipartisan legislation passed and enacted during the President Joe Biden administration.

Originally, the state was slated to get $196.5 million from BEAD for 9,527 locations across the state, especially in rural areas where access to broadband internet can be difficult because of distance, terrain and lack of infrastructure.

With the arrival of Donald Trump in the White House, given his disdain for the Infrastructure Act, he signed an executive order that paused a disbursement of all funds related to the bill, pending a review by his new administration.

Subsequent policy changes from the National Telecommunications and Information Administration (NTIA), an agency within the U.S. Department of Commerce, worried the state’s Democratic congressional delegation that the changes could derail the disbursement of the state’s $191 million in BEAD funds.

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“The administration has now removed discretion from state and local communities, instead requiring that BEAD funds be allocated solely to the lowest-cost projects — even if those projects deliver extremely low-quality internet service to rural areas. This change is especially harmful to rural Granite Staters, who may now be limited to slow, weather-dependent internet,” the delegation wrote in August to U.S. Secretary of Commerce Howard Lutnick.

And, indeed, the changes meant that the $191 million originally slated for the Granite State had been trimmed to the newly announced $18.6 million, reducing the new broadband locations from 9,527 to 5,250.

The Trump Administration saw the policy changes as a means to distribute the money in a more cost-effective manner. That was recognized by the administration with the completion of the state’s application process for the funds.

“Congratulations to New Hampshire for getting their BEAD Final Proposal over the finish line,” said U.S. Department of Commerce Assistant Secretary for Communications and Information and NTIA Administrator Arielle Roth. “The state’s commitment to cutting excessive costs and technology diversity resulted in a strong deployment plan that will achieve universal connectivity across the Granite State.” Roth’s statement was provided by the governor’s office.

The state’s approved plan accelerates the timeline for implementation, with the hope that the state will be fully broadband wired by the end of next year.

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The state’s proposal for upgrades includes a mix of coax, fiber, and satellite connections provided by Comcast, Consolidated Communications, New Hampshire Electric Co-op, and SpaceX.

Contracts for the work still have to be approved by the governor’s Executive Council.

Congressional Democrats at least seem happy that they got what they could get. And everyone seems to be putting a happy face on the news of the reduced funding.

“Everyone deserves access to high-speed, reliable internet no matter where they live,” said U.S. Sen. Maggie Hassan. “I worked with my colleagues to negotiate and pass the bipartisan infrastructure law to help expand access to reliable internet, and am glad to see our state one step closer to ensuring that everyone has access to broadband. I will continue to push for federal funding that supports Granite state families and small businesses and ensures that communities across our state, including in rural areas, can grow and thrive.”

“Under the bipartisan infrastructure law, Congress worked together to approve critical investments that are making our communities safer, stronger, and more prosperous. Access to high-speed internet is a necessity for every city and town, and it helps businesses compete, ensures students can learn, and allows patients to see a provider. This funding should never have been threatened or delayed, and I’m relieved that it will soon be delivered to New Hampshire,” said 1st District U.S. Rep. Christopher Pappas. “I will continue working to secure resources that modernize our infrastructure and improve Granite Staters’ quality of life.”

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“Access to reliable, high-speed internet is not a luxury. It is a lifeline and economic driver for hardworking families, small businesses, farmers, and rural communities across our state,” said 2nd District U.S. Rep. Maggie Goodlander. “I look forward to seeing these federal dollars put to work quickly and effectively to deliver for New Hampshire.”

Ayotte pointed to a recent report that shows New Hampshire is the No. 1 internet connected state in the country.

Reviews.org used census data and reported in October that 95.37% of all households in the Granite State are connected to the internet.

“Expanding broadband will help keep our communities safe, grow our economy, improve access to health care in our rural communities, and more. I thank the Department of Commerce for helping us continue to get more Granite Staters connected,” Ayotte said in her statement.

The state’s broadband application process and oversight are the work of the state Department of Business and Economic Affairs (BEA).

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“This investment is critical in reaching the last mile in bringing high-speed service to rural towns, which will support small businesses, enable remote work, and increase access to educational opportunities, healthcare, and other facets of our quality of life,” said Matthew Conserva, program manager of the BEA Office of Broadband Initiatives.

These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.



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