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Does NH require localities to provided education on a public basis?

Started by tommy, May 02, 2008, 01:48 PM NHFT

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tommy

I recently read an article by Lew Rockwell, "What if Public Schools Were Abolished?" 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...?

J’raxis 270145

Title XV 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.

John Edward Mercier

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.