As part of our lawsuit challenging New Hampshire's failure to fund a constitutionally adequate education, we helped the state's schoolchildren by obtaining a partial summary judgment decision concluding that the manner in which the state administers the statewide education tax, intended to fund public schools, violates the state's constitution. This ruling could result in an additional US$30 million being collected and available for New Hampshire public schools.

In June 2022, White & Case and Education Law Center (ELC), together with local New Hampshire lawyers, Natalie Laflamme, John Tobin and Andru Volinsky, filed a lawsuit on behalf of New Hampshire taxpayers. The lawsuit alleged that the state failed to meet its obligations under the state's constitution to provide sufficient funds to cover the cost of an adequate education, and to ensure that the taxes used for funding an adequate education are "equal in value and uniform in rate."

Seeking uniform taxation

New Hampshire is obligated to fund a "constitutionally adequate" education for all children in the state. To meet this obligation, the state levies a facially uniform statewide property tax based on property values. Municipalities with higher property values often collect more than needed and can keep the excess funds, effectively reducing their rate. Thus, property-poor areas experience a disproportionate tax burden, and their students are deprived of the increased education funding that students in wealthier areas receive. Additionally, the state sets negative tax rates in municipalities with little or no education expenses, allowing them to opt out of contributing to public education in the state, although all municipalities benefit from an educated populace. Together, these policies have stripped millions of dollars from public schools, with devastating consequences for the state’s most vulnerable children.

Safeguarding the future

About a year and a half after filing our complaint, we obtained a significant win for New Hampshire public school children. A Superior Court Judge, in ruling on the plaintiffs’ partial summary judgment motion, concluded that the state’s administration of a tax to fund public schools violates the constitutional uniform taxation requirement.

"Education is one of the most fundamental rights of children," says New York partner Joshua Weedman, who leads the ten-person White & Case team. “The judge’s decision makes clear that New Hampshire has shirked its constitutional duty to adequately support public school children and has also imposed a disproportionate burden on property-poor municipalities. As a result of this decision, the state must uphold its constitutional obligations to the children of New Hampshire.”

"These kinds of cases last a very long time, and for a child in school, every year that you're not getting sufficient resources is a year of learning that may be lost," says New York Pro Bono Counsel Alice Tsier. "While this case continues through appeals, advocates in New Hampshire are pushing for better protections and more funding within the political process. So, ultimately, while the litigation may not resolve for some time, each victory and litigation milestone can be leveraged outside of the courtroom for additional impact."

More highlights of our work empowering youth

• Tutored 39 Ukrainian law students in English legal writing and mentored 46 female Afghan students attending university in Bangladesh
• Raised awareness at the Inter-American Commission of Human Rights regarding the need for enhanced protections for children living with incarcerated parents—a concern now prioritized by the Commission
• Delivered training with a commercial client at the World Bank to students from Francophone African countries

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A group of children create a colorful, abstract painting with their hands in a classroom.