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NH HR28
Resolution
Status
12/1/2025
Primary Sponsor
Donald McFarlane
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AI Summary
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Requests an advisory opinion from the New Hampshire Supreme Court on whether Part II, Article 83 of the state constitution creates a judicially enforceable right to state-funded education or merely an aspirational duty left to legislative discretion
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Asks whether the judiciary can require the legislature to appropriate education funds beyond what elected officials determine, given the House's constitutional authority over taxation and appropriations
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Seeks clarification on whether "adequate education" standards are judicially manageable or constitute a political question exclusively within legislative discretion
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Questions whether the state's duty to "cherish" education requires uniform funding across all towns or permits local variation, and whether this duty can be met through means other than direct state funding (such as regulatory standards or enabling local taxation)
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Asks whether, given New Hampshire's historical practice of town-based education funding, the constitution obligates the state to directly fund and administer education at all, or if local provision with legislative support satisfies constitutional requirements
Legislative Description
Requesting the opinion of the justices clarifying the scope of the state's constitutional obligations concerning education.
Last Action
Inexpedient to Legislate: Motion Adopted Voice Vote 03/05/2026 House Journal 6
3/5/2026