CLAREMONT SCHOOL DIST. v. GOVERNOR (ACCOUNTABILITY)

No. 97-001.

147 N.H. 499 (2002)

CLAREMONT SCHOOL DISTRICT & a. v. GOVERNOR & a. (Accountability)

Supreme Court of New Hampshire.

Submitted: February 1, 2002.

Opinion Issued: April 11, 2002.


Attorney(s) appearing for the Case

Stein, Volinsky & Callaghan, P.A., of Concord (Andru H. Volinsky and Scott F. Johnson on the supplemental memorandum, and Mr. Volinsky orally), and John E. Tobin, Jr., of Concord, on the supplemental memorandum, for the plaintiffs.

Philip T. McLaughlin, attorney general (Anne M. Edwards, senior assistant attorney general, and Andrew B. Livernois, assistant attorney general, on the supplemental memorandum, and Mr. McLaughlin orally), and Hale & Dorr LLP, of Boston, Massachusetts (Stephen A. Jonas & a. on the supplemental memorandum), for the State.

Richard J. Lehmann, senate legal counsel, and Betsy B. Miller, house legal counsel, by memorandum for the President of the New Hampshire Senate and the Speaker of the New Hampshire House of Representatives, as amici curiae.

James F. Allmendinger, of Concord, staff attorney, by supplemental memorandum for NEA — New Hampshire, as amicus curiae.

Eugene M. Van Loan III, of Manchester, by memorandum, pro se, as amicus curiae.

W. Gordon Allen, of Antrim, by memorandum, pro se, as amicus curiae.

Kenneth E. Blevens, Sr., of Bow, by memorandum, pro se, as amicus curiae.

Joseph F. Hoffman, of Gilford, by memorandum, pro se, as amicus curiae.


DUGGAN, J.

The issues before this court are: (1) whether the State's obligation to provide a constitutionally adequate public education requires it to include standards of accountability in the educational system; and, if so, (2) whether existing statutes, regulations and/or rules satisfy this obligation. We hold that accountability is an essential component of the State's duty and that the existing statutory scheme has deficiencies that are inconsistent with the...

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