New Hampshire Underground

New Hampshire Underground => Voluntary Schooling => Topic started by: tommy on May 02, 2008, 01:48 PM NHFT

Title: Does NH require localities to provided education on a public basis?
Post by: tommy on May 02, 2008, 01:48 PM NHFT
I recently read an article by Lew Rockwell, "What if Public Schools Were Abolished? (http://www.lewrockwell.com/rockwell/public-schools-abolished.html)" which he states that "...every state requires localities to provide education on a public basis."

Is this the case in NH?  I had read that it was not, however Article 83 of the NH Constitution uses the world "should" and "encourage" when by now we know to mean "shall" and "force".

Assuming that it's legal, then this would be a great movement to get started in a town.  Obviously we would need to have people in power at the school board/city council/etc. in that town to achieve this.

Thoughts...?
Title: Re: Does NH require localities to provided education on a public basis?
Post by: J’raxis 270145 on May 02, 2008, 07:17 PM NHFT
Title XV (http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XV.htm) of the New Hampshire legal code is about education.

As for Article 83, it says that "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, ...". That's legislators, not the Legislature. This article is merely a sort of "good character" requirement on the legislators, and says nothing about what the Legislature must do. The educrats have interpreted this differently, of course.
Title: Re: Does NH require localities to provided education on a public basis?
Post by: John Edward Mercier on May 25, 2008, 11:55 PM NHFT
It goes much deeper.
Any legislative mandate placed upon the municipalities must be funded. Litigation was entered suggesting that a student did not receive appropriate protection under the 14th Amendment based on the line.
So to meet the requirements of the 14th the State would need to set standards of equality in education... and thus fund them.