Richard W. Osborne lives in Contoocook.
Today, May 17th, marks a milestone in American jurisprudence. On this day 70 years ago, the U.S. Supreme Court decided Brown v. Board of Education. Chief Justice Earl Warren wrote a unanimous (9-0) opinion in which the court ruled that segregating children in public schools on the basis of race is unconstitutional.
In doing so, the court overturned the shameful “separate but equal” precedent set nearly 60 years ago in Plessy v. Ferguson. Determining how to enforce the court’s orders was the subject of new arguments presented over the next year, and on May 31, 1955, the court, in another unanimous opinion by Chief Justice Warren, decided that each state ordered that desegregation programs “shall begin with all deliberate speed.” ”
The Brown case was met with resistance from racists, state governments, and some legal scholars who argued that the court was overstepping its constitutional grounds. Nevertheless, Brown v. Board of Education breathed new life into the civil rights movement. New leaders such as Fannie Lou Hamer and Ella Baker emerged, and within a decade the Civil Rights and Voting Rights Acts were passed by Congress and signed into law by President Johnson. Amid courageous protests and sometimes violent repression, the rule of law prevailed.
In New Hampshire, a debate that began with several court cases continued for decades. In 1993, 1997, and again in 2023, towns, cities, and school districts refused to provide for the children in their and their communities, saying New Hampshire must provide and pay for an “adequate education.” I fought for what I believed was not my fault. does not meet constitutional requirements. The New Hampshire Supreme Court said so in its 1993 and 1997 Claremont decisions. The court said so three centuries ago, and only four years later he said the same again.
Now, there will be two more court challenges to how New Hampshire meets its obligations. Judge David Ruoff, a jurist on the New Hampshire Superior Court in Rockingham County, took a courageous move. He tried the Conval School District v. New Hampshire case himself rather than referring it to the state Supreme Court. He considered the arguments and made his decision last November.
Although the state provides public school districts with a so-called “basic sufficiency rate” of more than $4,100 per student, Judge Ruoff said the state cannot provide the constitutionally required “basic sufficiency rate.” I found it to be a long way off. He set a “minimum amount” of $7,356 per K-12 student that covers the average salary for New Hampshire teachers, but also includes custodians, school nurses, building maintenance and other Costs for essential items are not included.
Judge Ruoff said the evidence was “compelling.” He said his own calculations for bringing the nation into compliance with its constitutional obligations are “conservative.” And he said he is showing “proper deference to Congress” in setting an acceptable amount that meets the test of adequacy.
In another case, Stephen Rand v. New Hampshire, Judge Ruoff held that the Statewide Educational Property Tax (abbreviated “SWEPT”) was also unconstitutional because it did not provide a uniform tax for all residents. handed down the verdict. The state has taken the necessary steps to appeal the Conval case to the Supreme Court, and the Rand case is scheduled to be reheard in September. Meanwhile, the Legislature has introduced two bills that would take steps toward meeting the New Hampshire Constitution’s requirements to provide and pay for an adequate education for all public school students. These two bills passed the House with overwhelming support during public hearings and are now being considered in the Senate.
New Hampshire is, by all accounts, a wealthy state. There is no lack of resources to meet both the fairness and adequacy requirements of the Constitution. So back to today’s anniversary of his one of the great decisions of the United States Supreme Court. It was a game-changing ruling. New Hampshire taxpayers and New Hampshire school students can look back with pride at having resolved more than 30 years of denial of justice.
