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HR 28 · 2026 · House · Judiciary Committee

Education obligation court opinion request

AI-generated

requesting the opinion of the justices clarifying the scope of the state's constitutional obligations concerning education.

Requests an opinion from the justices of the New Hampshire Supreme Court clarifying the state's constitutional obligations to provide an adequate education.AI-generated

Status

Killed in the House — Inexpedient to Legislate · March 5, 2026
  1. ✓Introduced
  2. ✕House
  3. Adopted

Analysis

This resolution requests the opinion of the Justices of the New Hampshire Supreme Court to provide clarification as to the state's constitutional obligations to provide an adequate education.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site

“Whether, under part II, article 56 (vesting the sole power of raising and appropriating monies in the House of Representatives), the judiciary may require the legislature to appropriate funds for education beyond what the elected branches determine.”
From the bill
“Whether the legislature may fulfill any constitutional duty to “cherish” education through means other than direct state funding, such as by means of regulatory standards, curriculum guidance, or enabling of local taxation; or whether direct state appropriation is the only permissible and constitutionally valid means.”
From the bill
“Whether, in light of the historical practice in New Hampshire whereby public education was originally established, funded, and maintained by individual towns rather than by the state, part II, article 83 obligates the state itself to fund and administer education, or whether the constitutional duty to ‘cherish’ education may be fulfilled through local provision supported at the discretion of the legislature.”
From the bill

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Donald McFarlaneRPrime
  • Rep. Jordan UleryRVice Chair· Ways and Means
  • Rep. Robert WherryRChair· Special Committee on COVID Response Efficacy
  • Rep. Michael MoffettRChair· State-Federal Relations and Veterans Affairs

Also: Rep. Bryan MorseR, Rep. James ThibaultR, Rep. Kristine PerezR, Rep. Daniel Popovici-MullerR

Public testimony

142 signed in online · 29 wrote testimony

11% support89% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“I urge you to support HR28, which asks for constitutional clarity on education funding and taxation limits.…”
— Michael Granger, milton mills · Strafford 2supports
“I urge you to support HR28, which asks for constitutional clarity on education funding and taxation limits. I also strongly urge you to consider that we are in a moment of cataclysmic change in education. Our model of education is failing, too expensive, and is now outdated.…”
— Matthew Strong, New Ipswichsupports
“The state needs to take accountability and uphold its constitutional duty to our schools. This bill is an accountability dodge.”
— Gayle Hoisington, Merrimackopposes
“This bill is basically questioning the premises underlying the entire line of school funding cases that require the State to fund public education. The NH Supreme Court has already explained its decisions in meticulous detail.”
— Bridget Powers, Plymouthopposes
“The state needs to provide an adequate education deemed by the courts. It refuses to do so and continues to appeal spending tax payers money.”
— Peter Satterfield, Pembrokeopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 13, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate18–0
    Overall
    100% yea
  • Mar 5, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Feb 9, 2026Public hearingHouse Judiciary4:43:49–4:54:4410m 55slocated in the stream transcriptPublic Hearing
  • Feb 13, 2026Public hearingHouse Judiciary18:57–20:191m 22slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Executive Session
  • Mar 5, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Judiciary HJ 1 P. 39
  2. Feb 9, 2026HousePublic Hearing: 02/09/2026 02:30 pm GP 158
  3. Feb 13, 2026HouseExecutive Session: 02/13/2026 10:00 am GP 158
  4. Feb 13, 2026HouseCommittee Report: Inexpedient to Legislate 02/13/2026 (Vote 18-0; CC) HC 9 P. 20
  5. Mar 5, 2026HouseInexpedient to Legislate: MA VV 03/05/2026 HJ 6 P. 25

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.