By Chris Dornin
Golden Dome News Service

CONCORD - A 14-town coalition of fast growing Southern Tier communities hurt by the new education funding law hired a law firm Thursday, July 14. Lead attorney Bill Chapman of Orr & Reno hopes to take a lawsuit straight to the Supreme Court, skipping the costs and delays of superior court.

"That would be our goal," Chapman said. "The statute (HB 616) does not pay for or define an adequate education, either by a money amount or by its components. The Supreme Court has made clear in the Claremont cases the state has an obligation to define that."

The new coalition has raised $160,000 for its legal costs, including $5,000 from Amherst, $8,280 from Hooksett, $10,000 from Concord and $30,000 from Londonderry.

Nashua has voted $10,000 to fight the new education law, probably in a separate case. Brian McCarthy, chairman of the Nashua Board of Aldermen, said the new formula uses tax assessments that are much too old. This technical flaw costs his city $2 million of its total $5.5 million loss in aid, he said.

The new statute is close to a financial wash for towns in the Goffstown region, and none have joined the case. New Boston and Goffstown gain $100,000 and Weare $300,000 under the current aid plan.

State Rep. Neal Kurk (RWeare) serves Goffstown and welcomed the lawsuit as a test of a key policy decision. Lawmakers and the governor have aimed their school aid at the neediest towns instead of paying for every child's education statewide. Kurk hoped the justices would support this broader view of the state's constitutional duty to cherish education.

"We'll learn more about the latitude the court is willing to give the legislature," Kurk said. "We've chosen to help the poorest communities provide an adequate education at the same level of effort as everyone else. That's a new direction we've taken, and some say it's patently unconstitutional. But the court has made it clear we set policy."

Andru Volinsky of Concord represents the Claremont coalition towns, which began the war over school aid with a landmark lawsuit more than a decade ago. That case on behalf of the have-nots is still open, and the Supreme Court has blocked all efforts to intervene in it.

Volinsky doubted the Londonderry plaintiffs would make it into that suit either. "But the court has original jurisdiction in some matters," Volinsky said.

State Sen. Lou D'Allesandro, who serves Goffstown, led the Senate fight for Gov. John Lynch's aid plan. It had 13 apparent votes until the 11th hour, when Senate leadership shot it down.

"This legislation is sustainable, predictable and accountable," D'Allesandro told colleagues from the Senate floor. "It does the right things for the right reasons, and it's the most inclusive piece of legislation I've seen in a long time. I want the neediest to do better. The haves should understand there are have-nots."

He criticized the Republican plan, now law, for failing to give a quality education to every child.

Steve Young, the Londonderry School Board chairman, is spearheading the lawsuit. He hopes even the Claremont plaintiffs support it.

"We want an outcome that's fair to all students in the state," Young said. "We're looking at every option for funding education. People have accused us of looking for an income tax or sales tax, but I'm a Libertarian and Constitutionalist at heart. I spend the school district's money like a spend my own - very frugally."