Tag: legislature

NH Governor Vetoes School Choice Bill

For a few years now, the town of Croydon, NH (population 651) has been fighting with the governor and state board of education over their school choice policy. The town isn’t large enough to sustain its own K-12 district school, so it contracts with a neighboring town to educate most of its residents’ children starting in 5th grade. But when its contract was approaching expiration a few years ago, the town decided to give local parents the option of sending their children to private schools as well, and the town would cover tuition up to the amount that it was spending per pupil at the neighboring district school (about $12,000).

That’s when the governor and state education bureaucrats got involved. They objected to the town’s use of tax revenue at non-government schools, though they had difficulty pointing to exactly which law or statute the town was violating. They’re currently embroiled in a lawsuit to sort out whether Croydon has the authority to decide how to spend its local tax dollars, but meanwhile the state legislature passed a bill clarifying that Croydon and similar towns have the authority to enact their own school choice policies. 

Last week, NH Gov. Maggie Hassan vetoed that bill citing two arguments I had already refuted in a Union Leader op-ed earlier in the week. In her veto message, Gov. Hassan wrote:

House Bill 1637 diverts taxpayer money to private and religious schools with no accountability or oversight, a clear violation of the New Hampshire Constitution, which states, ‘… no money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination.’ Not only is the bill unconstitutional, it also has no mechanism to ensure a student’s constitutional right to the opportunity to receive an adequate education and would undermine the state’s efforts to ensure a strong and robust public education system for all New Hampshire students.

“Under current New Hampshire law, public schools are required to provide the opportunity for an adequate education, as defined by the Legislature, and are held accountable through laws and rules that require monitoring and review by the Department of Education. Additionally, as required by statute and as a result of Supreme Court decisions requiring a statewide education accountability system, New Hampshire schools are required to participate in the Statewide Educational Improvement and Assessment Program. If House Bill 1637 is enacted, public funds would be used to send students to private schools – which are only approved by the Department of Education for attendance and not curriculum, without the same accountability standards as the public schools – violating the requirements of state law and the state Constitution.

“Nice Charter School Bill You Got There… Shame If Anything Were To Happen To It”

The latest politician to blur the lines between legislating and running a protection racket is Representative Dan Eaton, division chairman of the New Hampshire state legislature’s powerful House Finance committee.

In what Charles Arlinghaus of the New Hampshire Union Leader generously described as “a rare moment of candor”, Rep. Eaton recently stated during a committee hearing that he was going to hold up an entirely uncontroversial bipartisan charter school bill purely for political purposes. As he explained, “I’m looking at this as political. We have a [budget] negotiation [with the state senate] coming up in June and I want to have a trump card or two, and this is … a very healthy trump card.”

Arlinghaus breaks it down:

Consider what he’s saying: He liked the bill and supports the policy, but he believes he can use the bill as part of a hostage negotiation with the Senate. He wants to say to the Senate “I know you want this, but we’ll kill it even though we like it too unless you do something else we want that is completely unrelated.”

Without question, some give and take and normal compromise will be part of a budget process. Everyone expects the House and Senate to pass different budgets and to then negotiate over the details of what gets included. But this bill isn’t part of that process and wouldn’t be part of that negotiation unless Eaton gets to keep it captive in a back room. In effect, he’s looking at charter schools and saying, “I’m sorry you got caught in the crossfire, but I think I can sell you for a good price.”

The bill in question was intended to clear up a misunderstanding about a recent change to the Granite State’s charter school law that the state attorney general’s office understood to mean the opposite of what the legislative authors had intended. The bill, which restored the previous statutory language, had already received a positive recommendation from the NH House Education Committee and passed the full NH House on a voice vote, meaning that the support was so overwhelming that it was unnecessary to count the votes in favor and opposed. What seemed like common sense to most legislators apparently looked like an opportunity for political hostage-taking for Rep. Eaton.

Without the fix, the five new charter schools that are already in the governor’s budget cannot be authorized. Even a delay until the budget negotiations in June will jeopardize the ability of these charter schools to be ready to open in September.

As a former member of the New Hampshire House of Representatives, I can attest that the “Live Free or Die” state’s citizen legislature often embodies the highest ideals of self-government. Most of the legislators I encountered in both parties were principled and completely dedicated to making New Hampshire an even better place to live. Unfortunately, these sort of legislative shenanigans leave a stain on the august institution. Let us hope that sunlight proves to be a sufficient disinfectant.