New โขHampshire Schools Reimbursed $1.2 Million in Attorney’s Fees from State Funding Case
School districts involved inโ a lawsuit challenging โคNew Hampshire’sโค school funding โฃformula are receiving roughly $1.2โข million in reimbursed attorney’s fees, a result hailed as a victory for public education advocates. The reimbursement confirms “that โฃschool districts can successfully challenge โคsystemic constitutional failures โขand be made whole again,” โsaid school board member Robin Forrest in an interview.
Eighteenโข school districts and two individuals, including Hopkinton andโค Hillsboro-Deering, initially joined the lawsuit, ConVal v. Stateโค of New Hampshire. A formula was โฃused to determine each plaintiff’s contribution toโ the legalโฃ fees as theโ case progressed.
Along โwithโ the districts, โขthe law firm representing them, Wadleigh Starr & Peters, willโ receive approximately $800,000 fromโข the state. Attorney โMichael tierney explained the firm charged clients roughly half the market rate with an โagreementโข toโฃ be “made whole” if attorney’s fees were recovered.
Theโค $2 million in attorney’sโ feesโฃ 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,โ withโค responsive documents expected by October 31st.
Rockingham Superior Court Judge โDavid Ruoffโฃ awarded the plaintiffs the fees โbased on the legal principle of “substantial benefit,” finding the lawsuit benefited theโค public at large. The Newโข Hampshire Supreme Court affirmed theโค lowerโข court’s ruling โin July, calling on the state legislature โขto nearly โdouble the base โฃper-pupil state funding for K-12 education.
While the Court characterized the lower court’s per-pupil figure as a “conservative minimum threshold,” it didโ not immediately order โฃthe โlegislature to adopt the change. Lawmakers have been debating the โคCourt’s โคorder this fall, and โคas of yet, no changes to โฃthe โfunding formula have been implemented.
If adopted, theโข court-ordered funding change would increase the percentage of education โคfunding provided by the state, potentially reducing disparities in local property taxes between โtowns. โCurrently, New Hampshire spends โคthe lowest percentage of its budget on state-level education funding, according to a report by โขthe Nationalโข Education Association.
“To successfully advocate for students’ rights and then for theโฃ final financial burden not to fall โon our local taxpayersโ is โgreat as it sends a clear messageโ that the monetary responsibility โคof upholding the essential right โof an โฃadequate โคeducation belongs toโค theโฃ state, โand not with the local taxpayers,” Forrest stated.
tierney confirmed that some reimbursement checksโค have already been distributed to school districts, with the remainder to be sent this week. Theโฃ amount each district receives will vary depending on whenโ they joinedโ the litigation. โForrest indicated her school board has notโ yet determined how it will utilizeโ the funds.
