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June 04. 2012 11:22PM

Education funding fight defies party lines

CONCORD — With the vote looming Wednesday, political and civic groups are weighing in on a constitutional amendment on public education funding in ways that have defied party lines.

The amendment, CACR 12, is seen by legislative leaders as a last, best chance to wrest authority over education funding from the courts and return it to the Legislature.

House Republican leaders were able to reach a compromise on the wording of the education funding amendment with Democratic Gov. John Lynch last week. The amendment affirms that the Legislature will have the “full power and authority” to set education standards and determine funding — a Republican priority — and affirms that the state has a “responsibility” to maintain a public education system, which was important for Democrats.

Both Democratic gubernatorial candidates, Maggie Hassan and Jackie Cilley, have come out against the amendment, saying it would allow the Legislature to neglect poorer school districts.

The vast majority of the 103 Democrats in the House are expected to vote against the amendment.

New Hampshire Republican Party Executive Director Tory Mazzola used Cilley and Hassan's opposition to assert the GOP's position in favor of the amendment.

“Republicans remain committed to ensuring that our children's success is the primary focus of our schools,” Mazzola said. “This education agreement is a positive and productive step that would allow voters, particularly parents, to have more say in education and how to make improvements.”

On Monday, there was loud dissension from within the Republican Party in the form of a letter from the Republican Liberty Caucus of New Hampshire, which called CACR 12 “misconceived” and urged lawmakers to vote against it.

The primary concern of the Liberty Caucus — a libertarian-minded organization — is the language concerning the Legislature's “responsibility” to maintain a system of public education.

“Unfortunately, the current compromise language for CACR 12 would permanently enshrine the Claremont decisions in the Constitution,” Liberty Caucus Chair Carolyn McKinney said, referring to the state Supreme Court decisions that limited the Legislature's ability to control education funding.

In turn, House legal counsel Ed Mosca offered a point-by-point rebuttal to the Liberty Council's position.

“While some might prefer no judicial review, that is not a practical option. Such an amendment would never pass,” Mosca wrote, adding that the choice is between the current Claremont decisions, “where the standard of review is whether the Legislature made the same policy judgment the court would make, and CACR 12, where someone challenging the standards has the burden of showing that no reasonable person could say that the standards maintain a system of public education.”

The House and Senate are set to vote Wednesday on the amendment, which needs to pass by a three-fifths majority to make it onto the ballot.

Two-thirds of voters would have to approve the amendment.

The vote is expected to be close in the House. With Democrats and “constitutionalists” likely to vote against the amendment, only about 50 Republicans will be needed to defeat the measure.

The Republican Liberty Caucus NH counts around 100 supporters in the House, based on the number of representatives it endorsed in the 2010 election.

The group continues to have a relationship with most of them, according to McKinney.

Also on Monday, a nonpartisan voice entered the fray over the amendment.

The Coalition Communities, a group representing residents in 36 wealthier “donor” towns, including Portsmouth, North Hampton and Hanover, urged passage of the measure, saying it represented “our best chance to end the Statewide Education Property Tax.”

What's next: CACR 12 will be voted on Wednesday and needs a three-fifths majority to make it onto the ballot.

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