NEW HAMPSHIRE

Phaedon Sinis & Kelly Roda

Legislative History
        In New Hampshire, educational reform has been an 
important issue because the quality of public schools in most 
districts fails to meet the expectations of parents.  Some 
attribute this deficiency to a lack of extensive state 
funding for public schools; others attribute it to a lack of 
competition and incentives for improvement.  Charter schools 
moved to the forefront of the debate when Jim Rubens, a state 
senator, campaigned heavily on reforming education by 
allowing local districts to establish charter schools.  By 
May 23, 1995, both legislative houses in New Hampshire passed 
a bill allowing the establishment of charter schools, and 
Governor Steve Merrill has expressed his support for the 
reform, so the bill will soon be signed into law.
        A Valley News article (3/11/95) described the enthusiasm 
of parents and educators who want to set up their own 
schools.  One issue the parents emphasized was affordability; 
they argued that charter schools will enable them to design 
the education they want for their children, while offering it 
to other parents as well at public expense.  They also 
discussed the element of consistency for children's 
education from year to year; and they predicted that charter 
schools will "set the tone for how schools should function."
A Manchester Union Leader article (3/10/95) contrasted the 
arguments for and against the NH charter school bill.  One of 
the concerns it mentioned was that public money will flow 
from traditional public schools to charter schools, forcing 
taxpayers to "make up the difference."  Another concern was 
that most public school expenses are fixed, and that loss of 
funding will be disastrous for public schools.  Others 
accused the bill of allowing parents to send kids to 
essentially private schools with public money.  One school 
board leader alleged that such a bill will be detrimental to 
the community democratic process of running education.  
Sen. Rubens countered that allowing parents the exit 
option, or the option to pull their children out of the 
traditional public schools to take advantage of better 
educational opportunities, will be more productive and less 
divisive in improving education. Rubens also argued that 
charter schools will foster innovation, attracting the best 
teachers to create their own curricula. 

Contents of the Bill
        The bill, called the Charter Schools and Open 
Enrollment Act, allows two NH-certified teachers, ten 
parents, or a non-profit organization to propose a school 
charter that addresses issues such as curriculum, academic 
goals, annual budget, location of facilities, methods of 
assessment, and various other details concerning their 
operation.  Such schools will be exempt from state 
educational regulations, and the board of trustees will have 
full authority to oversee the operation of their school.  
Each charter school will receive 2/3 of the average per-pupil 
cost of public education in its district; the other 1/3 will 
remain in the public school system.
        The law will go into effect July 1, 1995 but the first 
charter schools will not open for another year because of the 
approval process required by the bill.  For the first 5 
years, a maximum of 35 schools will be permitted to open, 
with no more than two per year in each district.  During this 
time, a legislative oversight committee will be formed to 
periodically review the progress of charter schools.  After 
the year 2000, the limit on the number of charter schools 
will be eliminated.

Conclusions & Future Prospects
        Charter schools will very likely become a success in New 
Hampshire, because the legislation does not restrict 
competition.  Although it initially imposes a relatively 
generous limit of 35 schools, this limit will be lifted in 
the year 2000.  Because the limit is not likely to be reached 
by 2000, it will probably not hinder competition.  Another 
reason charter schools might be a success is that they will 
be completely free from all state and local regulations 
except basic health and safety regulations.  This degree of 
autonomy will allow unprecedented opportunity for innovative 
reforms.  Charter schools can introduce a highly competitive 
environment in the New Hampshire public education system.