MANCHESTER, NH – On September 6th, at the Manchester City Library, Concord author Andru Volinsky gave a one-hour presentation on his new book “The Last Bake Sale: The Fight for Fair School Funding.”
Volinsky, an attorney who has been involved with NH school funding cases beginning in the 1990s, outlined the history of school funding litigation in this country, from prior Supreme Court decisions recognizing constitutional safeguards to education like liberty interests and equal protection to a 1973 decision effectively finding that only state constitutions could support a constitutional right to public education.
He described litigation in New Hampshire, beginning with the state Supreme Court’s Claremont decisions, which found in 1993 that education is a constitutional right under the New Hampshire Constitution, and in 1997 that the legislature and governor had to define, implement, and fund a constitutionally adequate education through uniform state taxes rather than local property taxes, so funding would be equitable statewide. Four governors and sitting legislatures failed to comply with the Court’s rulings, leading to a 2006 Court decision that New Hampshire’s school funding scheme remains unconstitutional.
He further discussed the current state of school funding litigation in the state. In the ConVal case, the state Supreme Court ruled that the state must increase base adequacy aid to at least $7,356.01 per pupil, but not immediately, leaving it to the legislature to amend the state’s school funding formula. In the Rand case, in which Volinsky is actively involved, the Superior Court found both that State education funding is unconstitutionally low and that the state’s education property tax system is also unconstitutional. This case is currently before the state Supreme Court, and a revisit to the Court’s 1993 and 1997 Claremont decisions is a distinct possibility.
Volinsky showed that while New Hampshire spends a lot on its public schools, not only is the spending distributed very unevenly across the state, but the tax burden falls most heavily on those least able to pay. While school districts with higher property values raise far more money per student than less affluent districts, homeowners in districts with lower property values, like Manchester, actually pay higher rates of property tax.
Volinsky also described the ongoing impact of “the Pledge,” first proposed by Union Leader founder William Loeb in 1972, which asks candidates to pledge to oppose state income and sales taxes (the very taxes that the state Supreme Court has ruled the state must impose). The author noted that the Pledge remains a cornerstone of New Hampshire politics and that both Republican and Democratic candidates still feel compelled to abide by it. Thus, state funding for schools still comes entirely from property taxes, while federal funding is very limited and is expected to decrease.
He further discussed how current NH Senator Jeanne Shaheen, when governor, undermined statewide school funding in the long run by actively opposing a state income tax.
Several slides highlighted the shockingly poor proficiency of students at several Manchester high schools in English, science, and especially math. In addition, slides showed that Manchester’s property tax rate is above the state average while its per pupil funding is well below the state average, but at the same time the city’s per capita costs for municipal services are also below the state average.
Also noted were studies showing that states practicing fair funding enjoy better student outcomes state-wide, and that fair funding provides statewide economic benefits both in the short and long run.
Barely 20 people were in attendance at this Manchester City Library event; however, attendees did include State Rep. David Preece (D. Hillsborough—District 17) and Manchester School Board At-Large candidate Cindy Stewart.
- The book: Andru Volinsky, “The Last Bake Sale: The Fight for Fair School Funding,” Peter E. Randall Publisher (2025).
- Andru Volinsky’s Substack: andruvolinsky.substack.com