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Overview
New Hampshire has no state-funded preschool program. The state does provide
a small state supplement for Head Start, which amounts to $279,000 in
2007-2008.
State Policy
New Hampshire has no state policy on the provision of prekindergarten. In
his 2007 State of the State address, Governor Lynch said
that quality early learning was part of the state’s long-term education
strategy.
State
law explicitly limits the authority of the department of education to K-12
education, with the exception of accepting, distributing and overseeing funds
for pre-k
programs.
Eligibility Criteria
No program.
Program Length/Duration
No program.
Funding
Although New Hampshire authorizes the state board of education to "accept,
distribute and supervise" funds to pre-k programs, there is no state funding source for
pre-k. Districts must fund any local pre-k programs through local revenue or
federal funding
streams. The state Department of Education reports that in the 2004-2005 school
year, there were 2,360 children in public preschools.
New Hampshire provides a very small state supplement for Head Start. According
to the National Institute for Early Education Research (NIEER), the state contribution
to Head Start is $279,000 in 2007-2008.
Quality Standards
No program. The State Department of Health and Human Services’ Child Development
Bureau has promulgated Early Learning Guidelines as guidance
for the care and education of New Hampshire children from birth through age
five.
Delivery of Preschool Services
No program.
Requirements for Student Assessment
and Program Evaluation
No program.
Education Clause in State Constitution
The education clause of the New Hampshire constitution provides that it is the duty of the legislature
to "cherish the interest of literature and the sciences, and all seminaries
and public schools, …"
Summary of Case Law on School Finance System
The New Hampshire Supreme Court has determined that the state constitution
creates a fundamental right to an adequate public education.
In a series of decisions stretching back to 1993, courts
in New Hampshire have continued to hold that the state is not providing an
adequate
education to its children and is not implementing a reasonable and proportionate
local property tax.
Despite the legislature’s significant revision of the school funding statutes
in 2005, the state Supreme Court held that
the funding scheme continues to be unconstitutional because the state
has not defined the elements of a constitutionally adequate
education. After the legislature, in June 2007, defined “adequate education” and
established procedures to determine the costs of an adequate education by June
2008, the Supreme Court stayed any further proceedings in the case until July
2008.
Summary of Case Law on Preschool
None of the cases have addressed preschool issues.
N.H. Const. Pt. 2, Art. 6-b
All moneys received from a state-run lottery and all the interest received
on such moneys shall, after deducting the necessary costs of administration,
be appropriated and used exclusively for the school districts of the state.
Such moneys shall be used exclusively for the purpose of state aid to education
and shall not be transferred or diverted to any other purpose.
N.H. Const. Pt. 2, Art. 83
Knowledge and learning, generally diffused through a community, being essential
to the preservation of a free government; and spreading the opportunities and
advantages of education through the various parts of the country, being highly
conducive to promote this end; it shall be the duty of the legislators and
magistrates, in all future periods of this government, to cherish the interest
of literature and the sciences, and all seminaries and public schools, to encourage
private and public institutions, rewards, and immunities for the promotion
of agriculture, arts, sciences, commerce, trades, manufactures, and natural
history of the country; to countenance and inculcate the principles of humanity
and general benevolence, public and private charity, industry and economy,
honesty and punctuality, sincerity, sobriety, and all social affections, and
generous sentiments, among the people: Provided, nevertheless, that
no money raised by taxation shall ever be granted or applied for the use of
the schools or institutions of any religious sect or denomination…
Is Education a Fundamental
Right under the State Constitution?
"We hold that in this State a constitutionally adequate public education
is a fundamental right." Claremont Sch. Dist. v. Governor, 142
N.H. 462, 473, 703 A.2d 1353, 1359 (1997) (Claremont II).
School Finance Cases in Favor
of Plaintiffs:
Claremont Sch. Dist. v. Governor, 138 N.H. 183, 635 A.2d 1375 (1993) (Claremont
I)
Five "property poor" school districts, and representative students
and taxpayers from those districts, challenged New Hampshire’s system of financing
public education. The trial court dismissed the plaintiffs’ suit for failure
to state a claim. The New Hampshire Supreme Court reversed, holding that the
Encouragement of Literature clause of the state constitution imposed on the
state a duty to provide a "constitutionally adequate education to every
educable child in the public schools in the state" and to guarantee adequate
funding for such education. The Court remanded the case to the trial court
for further proceedings.
Claremont Sch. Dist. v. Governor, 142 N.H. 462, 703 A.2d 1353 (1997) (Claremont
II)
After remand, the trial court held that (1)
the state’s system of funding
public schools through local property taxes did not violate the state constitution,
and (2) the plaintiffs were receiving a constitutionally adequate education.
The New Hampshire Supreme Court reversed, holding that the local property tax
was, in effect, a state tax that was not "proportionate and reasonable," violating
the taxation provision of the state constitution. The Court stayed the case
till the end of the legislative session to permit the legislature to come up
with a constitutional way to provide adequate school funding. The Court also
set forth guidelines for defining educational adequacy (see "Standard
for a Constitutionally Adequate Education," below), and requested that
the legislature "promptly develop and adopt specific criteria implementing
these guidelines[.]"142 N.H. at 475, 703 A.2d at 1359.
Claremont Sch. Dist. v. Governor, 144 N.H. 210, 744 A.2d 1107 (1999) (Claremont
V)
The New Hampshire Supreme Court held that the phase-in provision of the education
property tax statute adopted in response to Claremont II, which effectively
provided a partial exemption only for property-tax rich municipalities by phasing-in
the full tax rate over six years, violated the constitutional provision
requiring proportionate tax burdens among municipalities throughout the state.
Claremont Sch. Dist. v. Governor, 147 N.H. 499, 794 A.2d 744 (2002) (Claremont
VII)
Plaintiffs filed a motion seeking a declaration
that the state’s education
system remained unconstitutional because the state had failed to adopt accountability
standards. The New Hampshire Supreme Court granted the motion, ruling that "accountability
is an essential component of the State's duty" and that the statutory
scheme had deficiencies that were inconsistent with the duty to provide a constitutionally
adequate education, such as excusing a school district’s noncompliance with
minimum educational standards due to lack of funding.
Londonderry School
District SAU #12 v. State, 154 N.H. 153, 907 A.2d 988 (2006)
In 2005, the Legislature substantially amended
the educational funding scheme by passing a bill known as HB 616. Two school
districts and a consortium of
another 19 districts and towns sought a declaration that this new educational
funding system was unconstitutional because, among other things, it failed
to define and cost out a constitutionally adequate education. The New Hampshire
Supreme Court agreed with the trial court that the school funding
statutes failed to define a constitutionally adequate education. The Court
gave the legislature until the end of fiscal year 2007 “to define
the substantive content of a constitutionally adequate education in such a
manner that the citizens of this state can know what the parameters of that
educational program are.” The definition “must be sufficiently
clear to permit common understanding and allow for an objective determination
of costs.”
Pending the legislature’s establishment of
the specific components of a constitutionally adequate education, the Court
stayed the trial court’s holdings that:
- The legislature had failed to determine the
cost of a constitutionally adequate education and merely established an
apparently arbitrary amount of money to
be raised through property taxes and state contributions;
- The
state had not corrected the accountability deficiencies noted in Claremont
VII, discussed above; and
- The taxation provisions of HB 616 were unconstitutional,
creating an unreasonable and disproportionate tax that burdened property-poor
districts, and allowing property-rich districts
to retain excess tax revenue that should have been shared with poorer
districts.
In June 2007, the state legislature passed HB 927,
which adopted a definition of “adequate education” and set forth
a procedure to determine the costs of an adequate education by June 30, 2008.
The Supreme Court then stayed any further proceedings until July 1, 2008.
Standard for a Constitutionally
Adequate Education:
Claremont Sch. Dist. v. Governor, 142 N.H. 462, 475-75, 703 A.2d 1353, 1359
(1997) (Claremont II)
"We look to the seven criteria articulated
by the Supreme Court of Kentucky as establishing general, aspirational guidelines
for defining educational adequacy.
A constitutionally adequate public education should reflect consideration of
the following:
(i) sufficient oral and written communication skills to enable students to
function in a complex and rapidly changing civilization; (ii) sufficient knowledge
of economic, social, and political systems to enable the student to make informed
choices; (iii) sufficient understanding of governmental processes to enable
the student to understand the issues that affect his or her community, state,
and nation; (iv) sufficient self-knowledge and knowledge of his or her mental
and physical wellness; (v) sufficient grounding in the arts to enable each
student to appreciate his or her cultural and historical heritage; (vi) sufficient
training or preparation for advanced training in either academic or vocational
fields so as to enable each child to choose and pursue life work intelligently;
and (vii) sufficient levels of academic or vocational skills to enable public
school students to compete favorably with their counterparts in surrounding
states, in academics or in the job market.
Rose v. Council for Better Educ., Inc.,
790 S.W.2d 186, 212 (Ky. 1989). … We
view these guidelines as benchmarks of a constitutionally adequate public education."
Claremont Sch. Dist. v. Governor, 147 N.H. 499, 794 A.2d 744 (2002) (Claremont
VII)
"Accountability means that the State must provide a definition of a constitutionally
adequate education, the definition must have standards, and the standards must
be subject to meaningful application so that it is possible to determine whether,
in delegating its obligation to provide a constitutionally adequate education,
the State has fulfilled its duty. … If the State cannot be held accountable
for fulfilling its duty, the duty creates no obligation and is no longer a
duty. … We therefore conclude that the State's duty to provide a constitutionally
adequate education includes accountability."
Londonderry School District SAU #12 v. State,
154 N.H. 153, 907 A.2d 988, 990 ( 2006)
"… Claremont II issued ’four mandates:
define an adequate education, determine the cost, fund it with constitutional
taxes, and ensure its delivery
through accountability.’ [T]hese four mandates comprise the
State's duty to provide an adequate education."
School Finance Cases against
Plaintiffs:
None.
Decisions Ruling School Finance
Issues Were Non-Justiciable:
None.
Cases Related to State-Funded
Preschool:
None.
Pending School Finance Cases:
None.
New Hampshire Revised Statutes (N.H. Rev. Stat.) § 186:6-a, Limitation
of Education
New Hampshire Revised Statutes (N.H. Rev. Stat.) § 193-E:1 et seq., Adequate
Public Education.
New Hampshire Early Learning Guidelines
Provisions Expressing State Policy on Preschool:
Governor John Lynch, State of the State Address 2007
…
This is just the first step in a comprehensive approach to giving every child
a chance to succeed. Quality early learning, kindergarten and early intervention
are also important parts of our long-term strategy for increasing the graduation
rate.
Eligibility Criteria for State Preschool Program:
None.
Program Length/Duration:
None.
Scope of State’s Responsibility to Provide Preschool:
N.H. Rev. Stat. § 186:6-a. Notwithstanding any other provision of law, the
authority of the state department of education shall be limited to the problems
associated with kindergarten and grades one through 12, provided, however,
that the state board of education shall be authorized to accept, distribute
and supervise funds for prekindergarten programs.
Scope of State's Responsibility to Fund Preschool:
N.H. Rev. Stat. § 186:6-a. Notwithstanding any other provision of law, the
authority of the state department of education shall be limited to the problems
associated with kindergarten and grades one through 12, provided, however,
that the state board of education shall be authorized to accept, distribute
and supervise funds for prekindergarten programs.
Source of Funding for Preschool Program:
None.
Scope of Child's Right to
Attend Preschool:
None.
Curriculum Content Standards for Preschool Program:
New Hampshire does not have prekindergarten
curriculum standards. The Department of Health and Human Services has issued
early learning guidelines that provide
general indicators of children’s progress in seven domains.
New Hampshire Early Learning Guidelines
The Guidelines articulate a common vision
and commitment to children, provide a map of what children should know, understand,
and be able to do,
and are a basis for what the adults working with children should know, understand,
and be able to do. …
Sample:
Communication and Literacy Development …
We know that preschoolers are making progress when they...
- use gestures, sounds, words, and/or sentences to relate information about
their experiences;
- play with sounds of spoken language including letter sounds, rhymes and
words;
- understand how books work and that print carries a message;
- enjoy looking at books, listening to stories, and talking about them;
- respond to directions and engage in conversations;
- retell familiar stories and create new ones;
- understand that symbols may be used to communicate;
- relate stories, understanding that stories have a beginning, middle, and
end;
- show interest in recording meaningful information; and
- begin to recognize and form meaningful letters and words.
Teacher Certification/Qualification Standards for Preschool Program:
None.
Other Quality Standards for Preschool Program:
None.
Delivery of Preschool
Services:
None.
Requirements for Student
Assessment and Program Evaluation:
None.
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