Connect with us

New Hampshire

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

Published

on

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.

Advertisement

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.”

Advertisement

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.

Advertisement

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.

Advertisement

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.

Advertisement

“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.

Advertisement

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.”

Advertisement

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.

Advertisement

“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.

Advertisement

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





Source link

Advertisement

New Hampshire

Man From Northwood Arrested On Driving Under The Influence Charge: Concord Police Log

Published

on

Man From Northwood Arrested On Driving Under The Influence Charge: Concord Police Log


CONCORD, NH — Anthony L. Russo, born in 1996, of Northwood, was arrested at 1:04 a.m. on July 7, 2026, on a driving under the influence charge and a yellow-solid line violation. He was arrested after an investigation or incident on South Main Street.





Source link

Continue Reading

New Hampshire

2 transgender girls drop NH lawsuit after Supreme Court ruling, personal hardships

Published

on

2 transgender girls drop NH lawsuit after Supreme Court ruling, personal hardships


Two transgender girls who were the first to challenge President Donald Trump’s executive order, “Keeping Men Out of Women’s Sports,” have withdrawn their lawsuit in New Hampshire based on a recent U.S. Supreme Court ruling that upheld state bans on transgender athletes in girls’ sports and their own personal hardships, their lawyer said.

“This case was always about two courageous young girls who simply wanted the same opportunities as their peers to participate in school life,” their lawyer, Chris Erchull of GLAD Law, said in a statement Thursday. “Their willingness to stand up to extraordinary hostility made clear the human cost of laws that target transgender youth.”

The teenagers, Parker Tirrell and Iris Turmelle, took on Trump’s executive order last year, amending their 2024 complaint against New Hampshire’s law on banning transgender girls from school sports. A federal judge had granted a court order allowing them to play as the case proceeded.

For Tirrell, it meant being able to keep playing on her high school girls’ soccer team. For Turmelle, it was having a chance to try out for different sports.

Advertisement

Both sides agreed to pause the case and wait for a ruling from the Supreme Court as it considered similar state laws barring transgender girls and women from playing on school and college athletic teams in Idaho and West Virginia. Last month, the court upheld the laws. It also said that barring transgender girls and women doesn’t run afoul of the federal law known as Title IX, which prohibits sex discrimination in education.

Several key rulings came out of the U.S. Supreme Court on Tuesday, including a block on the president’s executive order ending birthright citizenship.

One teen and her family decided to move from New Hampshire

Turmelle and her family moved out of New Hampshire last summer following proposed legislation against transgender people. One measure signed into law by Republican Gov. Kelly Ayotte last year prohibits medical professionals from providing puberty blockers and hormone replacement therapy to new transgender patients under age 18.

“Though there may be a carve-out for people already receiving gender-affirming care, that is way too close a call for us to risk staying,” Turmelle’s mother, Amy Manzetti, wrote in an op-ed piece at the time. “Other New Hampshire laws also seek to erase her.”

Most Republican-controlled states in the past five years have adopted laws or policies limiting gender-affirming care for transgender minors and limiting which school bathrooms transgender people can use, as well as sports restrictions. The Williams Institute at UCLA estimates that about 3% of youth ages 13 to 17 identify as transgender.

Advertisement

“The challenges with relocation are significant and burdensome — this includes having to find new employment, buying and selling homes, packing and moving possessions, integrating kids with a new school system, losing access to longstanding family and friends, and potential loss of income,” Corinne Goodwin, the executive director of Eastern PA Trans Equality Project in Pennsylvania, said in an email.

The Supreme Court ruled 6-3 against two transgender students who sued to overturn their states’ bans against playing on girls’ and women’s teams.

“But these families do so because they love their kids and know that supporting them with the care and opportunities they need is critical to their long-term success and happiness.”

The other teen gave up playing soccer at high school

Tirrell, 17, began her junior year last fall on the girls’ junior varsity soccer team. Things were fine at first, and each time she scored a goal, she got a round of ice cream from her parents. But a few weeks into the season, she decided to stop playing.

“With all of the political stuff going on, soccer wasn’t just about the game anymore,” her mother, Sara Tirrell, told The Associated Press in an interview.

Advertisement

It became more about preparing for the possibility of conflict.

“Were there any local Facebook groups where they were sort of agitating about potential protests and how do we prepare, and what are we walking into, and we never kind of knew,” she said. “We were on a lot of pins and needles, especially after the previous season.”

She was referring to a controversy at an away game where two dads from an opposing team were banned from school grounds for wearing pink wristbands marked “XX” to represent female chromosomes. They sued the school district and a judge ruled against them. They have appealed their case.

Last fall, there was an increased presence of school administrators at the games and bus drivers pulled in closer to the field so the students weren’t in the parking lot, she said.

“Parker didn’t talk about it a lot, but I think she could see that stress for everybody — for her, for her teammates, for her coaches,” Sara Tirrell said. “She felt kind of bad about pulling them all into that circus again. And so she ultimately said, ‘This isn’t fun anymore and I don’t want to do it.’”

Advertisement

Parker’s father described the atmosphere as “palpable tension.”

Even playing on her own turf, “there would typically be a couple of police officers at the home games where there weren’t previously,” Zach Tirrell said.

In the past, Parker also played soccer in a recreation league and could still do so.

“But I think it all kind of still sort of weighs on her,” her mother said. “It’s the same group of kids that she plays with who, honestly, have been very supportive and love to have her on the team and have expressed that to her many times over. But I think she still has that worry in her brain around, ‘What are other people going to say and do if I show up at a game?’”

Parker’s parents hope she’ll return to playing soccer some day. In the meantime, “she plans to be around and use her voice to continue standing up to discrimination,” her mother said. “In some ways she’s had to grow up a lot faster than some of her peers.”

Advertisement

Associated Press reporter Geoff Mulvihill in Haddonfield, New Jersey, contributed to this article.

Two students challenging New Hampshire’s ban on transgender athletes on girls sports teams will also fight President Donald Trump’s executive order, “Keeping Men Out of Women’s Sports,” after a judge approved their request Wednesday.

It’s believed to be the first time that the constitutionality of the executive order signed by Trump last week is being challenged in court, according to Boston-based GLBTQ Legal Advocates & Defenders, also known as GLAD Law, one of the groups representing the teens.

“The systematic targeting of transgender people across American institutions is chilling, but targeting young people in schools, denying them support and essential opportunities during their most vulnerable years, is especially cruel,” said Chris Erchull, a GLAD attorney.

Last fall, a federal judge in New Hampshire ruled that the two students can try out for and play on girls school sports teams while the teens challenge the state ban.

Advertisement

A federal judge in New Hampshire ruled that two trans student athletes are temporarily allowed to play girls sports while their case plays out in court.

The families of Parker Tirrell, 15, and Iris Turmelle, 14, sued in August, seeking to overturn the Fairness in Women’s Sports Act that former Republican Gov. Chris Sununu signed into law in July.

Tirrell is a 10th-grade student who plays on her high school soccer team and Turmelle is a ninth-grade student who plans to try out for tennis in the spring.

“I love playing soccer and we had a great season last fall,” Tirrell said in a statement. “I just want to go to school like other kids and keep playing the game I love.”

Trump’s order last week gives federal agencies wide latitude to ensure entities that receive federal funding abide by Title IX in alignment with the Trump administration’s view, which interprets “sex” as the gender someone was assigned at birth.

Advertisement

GLAD and ACLU of New Hampshire asked the judge for permission to add Trump, the U.S. Department of Justice, Attorney General Pamela Bondi, the U.S. Department of Education and acting Secretary Denise Carter as defendants.

An email seeking comment was sent to the White House Press Office.

In a brief order, U.S. District Judge Landya McCafferty said she “finds good cause” for the lawyers to amend the lawsuit.

The lawyers say Trump’s executive order, along with parts of a Jan. 20 executive order that forbids federal money from being used to “promote gender ideology,” subjects the teens and all transgender girls to discrimination in violation of federal equal protection guarantees and their rights under Title IX.

The lawyers also say the executive orders unlawfully subject the teens’ schools to the threat of losing federal funding for allowing them to play sports.

Advertisement



Source link

Continue Reading

New Hampshire

Townsend man arrested in connection with two armed robberies in New Hampshire and New Jersey, authorities say – The Boston Globe

Published

on

Townsend man arrested in connection with two armed robberies in New Hampshire and New Jersey, authorities say – The Boston Globe


Authorities allege Joseph Sawyer brandished what appeared to be a handgun during a robbery at St. Mary’s Bank in Nashua, N.H., on June 12.Boston FBI

A Townsend man was arrested Wednesday night in connection with two armed bank robberies in New Hampshire and New Jersey last month, federal authorities said.

Joseph Sawyer, 52, was arrested by FBI Albany’s SWAT team after the bureau’s Boston office and Nashua, N.H., police learned he might be in upstate New York, FBI Boston said in a statement Thursday.

Investigators said the alleged robberies happened at St. Mary’s Bank on Northwest Boulevard in Nashua on June 12 and at a Chase Bank in Boonton, N.J., on June 27.

During both robberies, prosecutors allege Sawyer brandished what appeared to be a black semiautomatic handgun, ordered everyone inside the banks to get on the ground, and demanded their cell phones before stealing cash, according to a criminal complaint filed in New Hampshire federal court.

Advertisement

The complaint alleges Sawyer stole $6,000 from the Nashua bank before fleeing in a Honda minivan. Investigators say he discarded a shopping bag containing the bank manager’s cell phone in a nearby parking lot before driving away.

Investigators linked the two robberies through surveillance footage and license plate reader data, according to court filings. Authorities allege the minivan was driven with stolen New Jersey plates during the Boonton robbery that were later replaced with Massachusetts plates registered to Sawyer’s late father.

Sawyer was charged with one count of bank robbery in New Hampshire, court records show. It was not immediately clear Thursday night if he is being represented by an attorney.

The case is being prosecuted by the United States Attorney’s office for the District of New Hampshire, the FBI said.


Breanne Kovatch can be reached at breanne.kovatch@globe.com. Follow her @breannekovatch.

Advertisement





Source link

Continue Reading
Advertisement

Trending