Small spheres of control allow those disaffected taxpayers the moral choice to leave, provide the closest approximation to market competition. As long as there are other small areas of control, people have a chance of finding an area more compatible to their views. What happens when the area of control is large? Then, mistakes affect many more people, and, worst of all, there is nowhere else to go.

But centralized, state control of local schools is exactly what the New Hampshire Supreme Court justices had in mind when they came to rule on “Claremont One”. For them, the ends justified the means. Even if the New Hampshire Constitution did not allow for state control of education, such a fact was irrelevant to the justices.

With “Claremont One”, they were able to introduce the spurious idea that education was a “right”, the philosophical premises of which do not exist. Such judicial activism is bad enough, but with their decision in “Claremont Two”, in December of 1997, they were able to implement their plan to eliminate local control of education.

Despite the state Legislature's demands that all districts have kindergarten programs in place by fall 2009, the Hudson School Board has said it will not add public kindergarten to its budget for next fall nor will it put the matter on a warrant article.

Instead, the district has filed a lawsuit against the state, which claims the state's demand that districts fund public kindergarten programs is unconstitutional because it represents an unfunded mandate.

A vote on whether to adopt language the House Finance Committee approved 20-5 last week, failed to gain even a simple majority, and was defeated 140 to 222.

CONCORD – Just one day after voting to cut all funding to seven charter schools, the Senate Finance Committee reversed itself yesterday.

The change of heart involves minimal funding - about $300 - but means that if the bill passes, more money could be forthcoming. The House passed a bill that sent $1.5 million to 10 charter schools.

The proposed amendment language:

"The state shall provide every child the opportunity for a public school education, which opportunity fulfills the state's duty with respect to public education provided for in Part I, Article 83. It shall be the duty of the legislature to define the content of an education adequate to prepare the student to become a productive and contributing citizen and to determine the total statewide cost of providing that education to all public school students. The legislature shall have the authority and responsibility to raise the funds that total the statewide cost of this education and to distribute these funds in a manner that alleviates local disparities in educational opportunity and fiscal capacity, provided that every school district shall receive a meaningful share of these funds.

The amendment differs from one backed by Gov. John Lynch and passed by the Senate in February by preserving oversight for the court. During the 1990s, critics of the court's school funding decisions backed constitutional amendments to eliminate or seriously curtail the court's role.

Senate Bill 337 is scheduled for a hearing before the House Education Committee at 10 am on April 15th in Representatives Hall, in the State House. Regardless of your party affiliation, if you believe in the principle that parents should be able to raise their children without onerous state oversight, please consider either attending the hearing to speak against the bill or calling the members of the education committee to ask them to oppose it.