New Hampshire Schools Reimbursed $1.2 Million in Attorney’s Fees from State Funding Case
School districts involved in a lawsuit challenging New Hampshire’s school funding formula are receiving roughly $1.2 million in reimbursed attorney’s fees, a result hailed as a victory for public education advocates. The reimbursement confirms “that school districts can successfully challenge systemic constitutional failures and be made whole again,” said school board member Robin Forrest in an interview.
Eighteen school districts and two individuals, including Hopkinton and Hillsboro-Deering, initially joined the lawsuit, ConVal v. State of New Hampshire. A formula was used to determine each plaintiff’s contribution to the legal fees as the case progressed.
Along with the districts, the law firm representing them, Wadleigh Starr & Peters, will receive approximately $800,000 from the state. Attorney Michael tierney explained the firm charged clients roughly half the market rate with an agreement to be “made whole” if attorney’s fees were recovered.
The $2 million in attorney’s fees represents only a portion of the total state expenditure defending the case. The Concord Monitor submitted a public records request to the attorney general’s office for a complete accounting, with responsive documents expected by October 31st.
Rockingham Superior Court Judge David Ruoff awarded the plaintiffs the fees based on the legal principle of “substantial benefit,” finding the lawsuit benefited the public at large. The New Hampshire Supreme Court affirmed the lower court’s ruling in July, calling on the state legislature to nearly double the base per-pupil state funding for K-12 education.
While the Court characterized the lower court’s per-pupil figure as a “conservative minimum threshold,” it did not immediately order the legislature to adopt the change. Lawmakers have been debating the Court’s order this fall, and as of yet, no changes to the funding formula have been implemented.
If adopted, the court-ordered funding change would increase the percentage of education funding provided by the state, potentially reducing disparities in local property taxes between towns. Currently, New Hampshire spends the lowest percentage of its budget on state-level education funding, according to a report by the National Education Association.
“To successfully advocate for students’ rights and then for the final financial burden not to fall on our local taxpayers is great as it sends a clear message that the monetary responsibility of upholding the essential right of an adequate education belongs to the state, and not with the local taxpayers,” Forrest stated.
tierney confirmed that some reimbursement checks have already been distributed to school districts, with the remainder to be sent this week. The amount each district receives will vary depending on when they joined the litigation. Forrest indicated her school board has not yet determined how it will utilize the funds.
