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Opponents of New Hampshire’s popular Education Freedom Accounts (EFAs) suffered yet another setback when union chief Deb Howes’ lawsuit was tossed out of court by a Merrimack Superior Court judge.

Judge Amy L. Ignatius’s order dismissing the lawsuit was a rebuke to the arguments put forward by the plaintiff, Deb Howes, president of the New Hampshire chapter of the American Federation of Teachers. 

Parents like Amy Shaw were thrilled by the ruling.

“The EFA program helps my daughters attend a school that meets their unique needs and in which they are thriving,” said Shaw, one of the parents who intervened in the lawsuit. “It is a great relief that the program will continue to support educational options that work for my kids and for so many other families across the state.”

EFAs allow parents to use the state’s share of per-pupil funding for their children to choose educational alternatives, including a different public school, private school, or home school.

Howes called the dismissal disappointing but not surprising. She blames the EFA program for taking money away from public schools despite the state increasing public education spending.

“Vouchers have exacerbated an already disparate burden placed on local property taxpayers to fund the basic right to a quality public education,” Howes said.

In fact, because EFAs only use the state portion of a student’s funding — usually around one-third of the total — school systems that lose students through EFAs increase their per-pupil funding.

The key allegation in Howes’ lawsuit was that the EFA program was unconstitutional.

Jason Bedrick, a Research Fellow in the Center for Education Policy at The Heritage Foundation, said the judge’s ruling ended that debate.

“We knew from the outset that this legal complaint lacked any merit. The court agreed,” Bedrick said. “The judge decisively rejected every single one of the plaintiff’s frivolous claims. This is a massive win for Granite State families whose children benefit tremendously from the Education Freedom Accounts.”

Senate Education Committee Chair Ruth Ward (R-Stoddard), who helped craft the EFA program, said Howes and the teachers unions don’t want parents to be able to choose the best education for their children.

“Currently, 4,200 New Hampshire students are using Education Freedom Accounts to build a better education. The teachers’ union sued because it wanted every student to take the same path. I’m glad that Judge Ignatius sided with parents,” Ward said.

Senate President Jeb Bradley (R-Wolfeboro) called the decision a victory for Granite State families.

New Hampshire’s Department of Education Commissioner Frank Edelblut said EFAs are making a positive difference for families and children throughout the state.

“The court’s decision underscores the legality of the EFA program previously approved by legislators, but more importantly allows New Hampshire students and families to find the best educational pathway available for their unique needs,” Edelblut said. “The value of this program continues to be far-reaching, with numerous success stories emphasizing just how impactful EFAs have been statewide.”

Ignatius wrote in her order Howes completely failed to show any of her complaints about the program had any legal merit.

First, Howes tried arguing that EFAs are unconstitutional since the state uses money from the Education Trust Fund to award the EFA grants to parents. Howes claimed since the Education Trust Fund includes lottery revenue, any payout from the fund to the EFA program violates the state constitution.

New Hampshire’s constitution restricts lottery revenue to fund only public schools. But, Howes failed to show any proof any lottery money is going towards EFAs.

“Howes does not meet this burden, even with the allegations in her complaint taken as true and viewing all reasonable inferences in her favor,” Ignatius wrote.

The Education Trust Fund took in more than $1.1 billion in 2022. Of that, lottery revenue was $125 million. The EFA program was budgeted to take $9 million from the Education Trust Fund in 2022. Howes bears the burden to show lottery money is being unconstitutionally used for EFAs, Ignatius wrote, and she didn’t come close to doing that.

Next, Howes claimed EFAs allow the state to avoid its constitutional obligation to provide an adequate education by delegating the job to parents. The Supreme Court’s Claremont decisions from the 1990s found the state must provide an “adequate” public education to all New Hampshire children.

But Ignatius flatly stated Howes was wrong again. The Claremont obligation is limited to public schools, not private education. Further, EFAs don’t keep students out of public school. Families in the EFA program can leave and enroll their child into a public school at any point or use the EFA funding to attend a different public school.

“(T)he Court finds that the State did not delegate its duty to provide an adequate education because it has no duty to students not enrolled in public school and RSA 194- F (the EFA law) does not prevent students from attending public school,” Ignatius wrote.

Finally, Howes argued that the EFA program unconstitutionally allows parents to buy educational materials without government oversight. However, the organization administering New Hampshire’s EFA program, the Children’s Scholarship Fund, is delegated to make sure all spending adheres to the law. Ignatius wrote Howes failed to show proof of any improper EFA spending and failed again to show any legal problem.

“The legislature delegated the authority to approve expenses extraneous to the specific items listed to the scholarship organization but required those expenses be ‘educational,’ and Howes has not identified any expenditures that are not educational,” Ignatius wrote.

Now that she has lost in court, Howes wants lawmakers to spend more on public education instead of EFAs.

“The legislature should be focusing far more time and resources on the needs of the 160,000 Granite State public school students who deserve a robust curriculum and fully staffed schools, not on the 4,000 students whose families choose to take state-funded vouchers,” Howes said in a statement.

Math class is hard. Just ask Deb Howes.

The head of New Hampshire’s American Federation Teachers chapter, Howes garnered attention last month when she filed a lawsuit against Education Commissioner Frank Edelblut claiming he was breaking the law by using lottery revenue to fund the Education Freedom Accounts.

But the New Hampshire Attorney General’s Office Howes’ arithmetic is all wrong. According to the state’s motion to dismiss the lawsuit, Howes didn’t come close to proving any actual violation of the law or the New Hampshire Constitution, largely because her numbers don’t add up.

“The Court should dismiss the plaintiff’s complaint in its entirety because the plaintiff fails to state a claim for either a constitutional or statutory violation,” the state says in its motion to dismiss.

The state is funding the Education Freedom Accounts with the Education Trust Fund. Howes based her lawsuit on the fact the fund takes in lottery revenue, and uses lottery money for anything other than public schools violates the law.

The problem is Howes never cited any evidence showing that money going to the EFA program is lottery money. The reality of the funding makes it unlikely she could, according to the state.

“The burden is not on the state to prove that lottery money is not used for EFAs; rather, the burden is on the plaintiff to allege and prove that lottery funds are used for EFAs,” the state’s motion says.

In 2022, the state sent $125 million in lottery revenue to the Education Trust Fund. That same year, the EFA program used $9 million of trust fund grants for parents who want to send their children to a private school or homeschool program.

The problem for Howes is the fact that the Education Trust Fund was budgeted at more than $1.2 billion in 2022 with revenues that come from a variety of sources.

The state’s Education Trust Fund got $128 million from the business profits tax; $265 million from the business enterprise tax $10.3 million from the rooms and meals tax, another $108.9 million from the tobacco tax; $65.3 million from the real estate transfer tax; $38.2 million from the tobacco settlement fund; and $40.6 million from the utility property tax.

The statewide property tax generates another $363 million for education, though that money does not go into the trust fund.

“Lottery money is one source that makes up a small portion of the education trust fund,” the state wrote.

Nearly all the money raised for education through the trust fund goes back to local public schools, according to the state. In 2022, that amount was $1,084,530,891, just shy of the $1.1 billion total fund.

Without a direct link between EFA funding and lottery revenue, Howes was unable to demonstrate Edelblut broke any law, according to the state.

“The plaintiff advances no allegations capable of showing that this $9 million comprised any letter dollars rather than being paid entirely from business profit tax or enterprise tax dollars or another education trust fund revenue source,” the state’s motion said.

Teachers unions and their Democratic allies have been working to kill the popular school choice program since Gov. Chris Sununu first signed it into law. They have repeatedly claimed the program takes money from local schools, a factual error that has been repeatedly pointed out. In fact, the EFA program gives local schools more money per pupil when a student chooses a different education option.

In their latest move, Democrats in the state House used a temporary majority last week to pass a bill mandating EFA recipients who are not entering school for the first time must have spent at least one year in their assigned public school if they want to access EFA funding.

That bill is unlikely to make it through the GOP-controlled Senate.

On Tuesday, House Democrats came within a single vote of approving a bill undermining the state’s Education Freedom Accounts, a sign of their commitment to waging war on the popular school choice program.

Hours earlier, Gov. Chris Sununu released his budget proposal for the biennium, proposing a doubling of EFA funding and expanding the number of eligible families. With polls showing overwhelming support for parental control of education, it’s an issue Republicans are likely to continue to advance.

The expanded EFA funding was part of an education budget proposal to add “an additional $200 million over the next two years — and an additional $1 billion over the next ten years – all with a priority towards school districts that need this aid the most,” Sununu said Tuesday. “These investments, which flow directly to local schools, will help cities and towns lower their property taxes.”

Participation in the EFA program has outstripped original estimates, with more than 3,000 students in the program in just its second year. Democrats say this is a sign the program was poorly designed, and they complain that most parents accessing the funding were already sending their children to private schools.

Their solution — in HB430 and SB141 — is to force parents who want to use EFA funding to send their children to private, parochial or home school must first force them to spend a year at their locally-assigned public school. Even if the student is already thriving in the school chosen by their parents.

As progressive state Sen. Debra Altschiller (D-Stratham) told the state Senate Education Committee last month, while there are some students for whom their public school “may not be the best fit….We can’t know how anything fits without first trying it.”

Using EFA funds “should require families avail themselves of the educational opportunities offered to them first,” Altschiller said. “Before opting out of the public school system, take advantage of the educational opportunities in your community provided to you.”

Rep. David Luneau (D-Concord), prime sponsor of the House bill, is deputy ranking member of the House Education Committee. He echoed Altshiller’s objections.

“Rather than simply transferring state funds when students leave public school, the program is open to students already in private education, who otherwise receive no state funding,” Luneau said in a statement. “This has caused the EFA budget and tax obligation of Granite Staters to quickly skyrocket, as most vouchers awarded have gone to students already in private school.”

The EFA program is already limited to families earning less than 300 percent of the federal poverty level. This year it will cost $14 million of the total $3.5 billion New Hampshire spends on k-12 education.

Still, Democrats are determined to end it. Even if it means disrupting educational success, critics say.

“Some legislators in the House wanted to force Granite State students to return to institutions that they already have chosen to leave,” said Sarah Scott of Americans for Prosperity New Hampshire. “Besides being highly disruptive to students’ education and traumatizing to students who have encountered bullying or fled ineffective learning environments, it undermines the decisions that parents have already made for their children.”

Altschiller sent her own children to expensive private academies.

During a Senate committee hearing on the bill, parents with children already using alternative education would be pushed back into public schools that had already failed them.

“I have a 5-year-old who started home school this year — does she need to go to second grade for a year, and then come out again, so we can take advantage of the funds?” asked James Van Nest of Dorchester, N.H. “My son hasn’t finished a full year of public school. Does he now need to re-enter the school system and then can we use the funds once we take him out?”

Despite the potentially drastic impact of the bill, every Democrat in the House except one — Philip Jones of Keene — voted for it on Tuesday, and every Democrat in the state Senate is a cosponsor, a sign of the depth of their opposition. The House vote came just days after an NHJournal poll found overwhelming bipartisan support for parental rights in decisions regarding the education of their children.

The vote was so close, Speaker Sherman Packard had to take the unusual move of casting a vote from the chair to create a 185-185 tie, preventing it from being sent on to the House Finance Committee. In a subsequent vote, the Democrats’ plan was tabled 186-183.

“It is disappointing that Republicans voted to the unsustainable giveaway to current private school students today, but House Democrats will continue fighting to establish appropriate guardrails in the EFA program,” Luneau said.

“For Democrats, kids are nothing more than ‘school funding units,” responded Rep. Glenn Cordelli (R-Tuftonboro), also a member of the Education Committee. “We believe they are children who deserve the best education that meets their needs – as determined by their parents.”

A New Hampshire’s teachers’ union is going to court to stop the state’s popular Education Freedom Account (EFA) program that some families use to escape failing public schools. The move comes as data show traditional public school enrollment falling while the number of students choosing charter schools and other alternatives is rising.

The American Federation of Teachers (AFT) announced Thursday it filed a lawsuit against Education Commissioner Frank Edelblut in the Merrimack Superior Court in Concord challenging New Hampshire’s EFA program. The complaint argues the program violates the New Hampshire Constitution and state law by using state lottery dollars and money from the Education Trust Fund to fund the EFAs.

“The state specifically earmarked this money for public education. Instead, the state is stealing from public school students in plain sight to pay for its private voucher program,” said Deb Howes, president of the AFT-NH, who brought the suit “as a citizen taxpayer,” according to an AFT press release.

Families earning less than 300 percent of the federal poverty level can use the EFA program to take their share of state per pupil funding – about $5,000 a year — and use it for alternatives to public school, like private school, homeschooling or tutoring. The public school they leave behind keeps its portion of local per-pupil funding, which can range from $10,000 to $20,000 or more.

EFA expenses must be approved by the Children’s Scholarship Fund (CSF), a private scholarship organization that oversees the program. In September CSF reported that families of more than 3,000 New Hampshire children completed EFA applications, up from more than 2,000 children who used EFAs in 2021-22.

“It underscores a growing demand from Granite State parents for educational alternatives,” CSF reports.

The national AFT’s controversial union president Randi Weingarten weighed in Thursday on behalf of the lawsuit. “New Hampshire can’t fund its voucher program by illegally putting its hand in the taxpayer cookie jar that’s intended for public school students,” Weingarten said. “It’s as simple as this: No matter what program the state wants to fund, it has to do it legally.”

The complaint is based on the premise that EFAs are illegal because the state constitution says “all moneys received from a state-run lottery [shall] be appropriated and used exclusively for the school districts of the state… and shall not be transferred or diverted to any other purpose.”

But supporters respond that EFA spending has been authorized by the legislature and that revenue from sources other than the lottery go to funding k-12 education. Since money is fungible, there’s plenty of revenue to pay for the EFA program without using lottery dollars.

“This lawsuit appears to be without merit,” said  Jason Bedrick, Research Fellow at the Center for Education Policy at the Heritage Foundation. “The Education Trust Fund has long been used for purposes beyond school districts, such as to place students with special needs in private schools. The state’s constitutional duty to cherish the interest of education is best fulfilled when all children have access to a wide variety of learning environments. Education Freedom Accounts further that interest.”

Howes claims the EFA program is denying public schools millions in money from the Education Trust Fund.

“Public school students are losing out on millions of dollars that are needed to fix leaky old buildings, purchase and maintain modern computer equipment, buy books and materials published at least in the last decade to support student learning, and provide more social and emotional assistance and other needs that will help students excel,” Howes said.

Representatives for New Hampshire’s Department of Education declined to speak about the lawsuit and instead issued a brief statement.

“The New Hampshire Department of Education is aware of the complaint filed today by Deborah Howes at Merrimack County Superior Court. At this time, the department is not commenting on the pending litigation,” a DOE representative said on behalf of the department.

Kate Baker Demers, the executive director for the Children’s Scholarship Fund NH, which administers the EFA program for the state, said the program gives parents the freedom to make their own educational choices, and is totally in line with the state constitution.

“Empowering parents to make educational decisions for their children does not violate any state law or our New Hampshire constitution,” Baker Demers said.

And, supporters note, parents are free to use the funding to transfer their child to a different public school as well.

“This is a desperate attempt by the union to block families from being able to access a wide variety of education options,” said Bedrick. “Thousands of New Hampshire families are using Education Freedom Accounts to give their children the education that best meets their individual needs. It’s sad to see the union putting their politics ahead of kids’ learning needs.”

State Sen. Tom Sherman is running for governor as a self-declared champion of public schools and opponent of school choice. He opposes allowing low-income families to use public money to choose a private school education for their children.

Perhaps the same private school Sherman chooses for his son.

While Sherman says he is a proponent of public school education, he sent his son to the Governor’s Academy in Newbury, Mass., a private school with tuition approaching $70,000 per year, GOP activist Patrick Hynes reported in his Union-Leader column on Sunday.

“The Shermans are a family of considerable financial means and are free to send their kids to whatever schools they want. EFA supporters are merely asking for low- and middle-income families who aren’t as wealthy as the Shermans to be able to do the same,” Hynes wrote.

Sherman doesn’t agree. He voted against the Education Freedom Account law passed by the legislature and signed by Gov. Chris Sununu. It allows low and middle-income families to use their child’s share of state funding  — not local money–  to choose an alternative to their local public school. That could be a private school, a parochial school, homeschooling, or a public school outside their district.

“My first choice would be to stop the program,” Sherman said of the EFA system at a recent debate with Republican Sununu. Sherman has also proposed an annual means test so that if a family’s income one year exceeds the current limit (300 percent of the poverty level), even temporarily, their children would be kicked out of the program.

“Tom Sherman is a school choice hypocrite,” says Corey DeAngelis with the Educational Freedom Institute. “He sent his kid to a private school yet opposes school choice for others. I’m glad his family had that opportunity, but he shouldn’t fight to trap low-income kids in failing government schools.

“Marie Antoinette would be proud of Sen. Sherman, because these school choice hypocrites are essentially saying, ‘Let them eat cake!'” DeAngelis added.

Asked about the allegation of hypocrisy, Sherman declined to respond.

When it comes to opposing EFAs while opting out of public schools, Sherman is hardly alone.

Progressive Rep. Debra Altschiller (D-Stratham) who is currently running for Sherman’s seat in the state Senate, is a staunch opponent of the EFA program, supporting complete repeal.

“Implemented by Republican free staters–and millions of dollars over budget–the school voucher program drains public school funding and threatens an increase in local property taxes,” Altschiller states on her campaign website. But her children have attended elite Phillips Exeter Academy, with $50,000 a year tuition bills, and Berwick Academy, a more affordable $30,000 per year.

Altschiller is also factually incorrect about the EFA program’s impact on local taxes. Because EFA’s only use the state portion of a student’s funding, when students opt out of the local school, the local funding still flows to the classrooms they left behind. As a result, per capita revenue for local schools actually increases when students choose the EFA option.

Sen. Cindy Rosenwald, D-Nashua has also pledged to repeal the EFA program if possible, while sending her son to Groton School, a private boarding school in Massachusetts that currently charges close to $60,000 a year.

Rep. Mel Myler is the ranking Democrat on the House Education Committee and a vocal opponent of parental choice. But when NHJournal contacted him about sending a child to Holderness Academy (boarding tuition: $71,000) Myler declined to comment.

And there’s Rep. Marjorie Porter, D-Hillsborough, who complained this year that advocates wanted to make EFA’s more accessible to New Hampshire families.

“They try to sell them as helping poor kids have choices too, but they have brought several bills forward to raise the income cap to five hundred percent of poverty level, or to eliminate it altogether, making me wonder how a family of four earning $132,000/yr. can be considered poor,” she wrote.

But while speaking out against EFA’s this year, Porter admitted she sent her child to a private school because the public schools weren’t working for her family when he son experienced difficulties.

“I certainly understand the need for families to find an alternative to public schools to meet the needs of their children,” Porter testified. “My own two children attended the same public school where I taught. My daughter was fine with it, but not so my son. He was experiencing difficulties, so we sent him to a local private school until he was middle school age.

“It was good that we had that option,” Porter said.

Not all Democrats believe their position is problematic. “I opposed the EFA vouchers too & I myself actually went to a private school,” Rep. Timothy Horrigan (D-Durham) tweeted, unprompted.

Meanwhile, New Hampshire families are flocking to the program with 3,025 participating this year, up from 1,572 last year. According to NH Bulletin’s Ethan DeWitt, ​​1,504 out of the 3,025 are eligible for free and reduced-price lunch, meaning 49.7 percent come from households making below 185 percent of the federal poverty level. 

“You’d think the party preaching about equity would be in favor of expanding educational opportunities for all students,” DeAngelis said. “The problem is opposition to parental rights in education is about politics and power, not morality or logic. That’s why 99.99 percent of Randi Weingarten’s teachers union’s campaign contributions have gone to Democrats in 2022.

“But now there’s a new special interest group in town – parents – and they aren’t going away any time soon.”

The U.S. Supreme Court is catching up to New Hampshire’s parental-rights approach to education, affirming that parents who use publicly-funded choice programs are free to choose religious schools.

In a 6-3 ruling released Tuesday, the court found Carson v. Makin that First Amendment protections for religious expression prohibit the government from discriminating against religious schools when states offer a school choice program to parents.

Maine has many rural communities — encompassing almost half of all the state’s 260 school districts — that cannot afford to support a middle school or high school. The state has long offered families tuition assistance so they can access education services for their children. But in 1981, Maine passed a law preventing parents from choosing a religious school.

The Supreme Court found that prohibition was unconstitutional.

While Tuesday’s ruling is a big change for some 18 states with similar bans, New Hampshire is at the forefront of school choice religious freedom. New Hampshire’s tuition assistance programs, and Education Freedom Accounts (EFAs) can be used for any school, including religious schools.

“New Hampshire has no religious test for tuition aid or EFAs, so the ruling confirms New Hampshire’s position as correct,” said Drew Cline, chair of the state Board of Education.

According to Andrew Wimer with the Institute for Justice, New Hampshire changed its laws on tuition assistance last summer. Wimer said the ruling strengthens New Hampshire’s religious freedom against any future attack.

“Today’s ruling does not change anything in New Hampshire, but does ensure that if a future legislature were to put the same restrictions back in place it would likely be found unconstitutional,” he said.

The law change came after the Institute for Justice filed a lawsuit on behalf of a Croydon couple Dennis and Cathy Griffin who wanted to send their grandson to a private Catholic school, Mount Royal Academy.

“We are happy the legislature did the right thing in removing politics from school funding by allowing individual choice on how our tax dollars are applied to our children’s education,” said Dennis Griffin said last year. “Cathy and I feel Mount Royal Academy is the best choice for our grandson’s education and the government should not be restricting the use of our tax dollars from funding our choice.”

Croydon, a town of about 700 people, does not operate a middle school, instead giving families tuition money they can use to send their child to a school in another district. But Croydon’s School Board refused to give the family the money because Mount Royal is Catholic, and New Hampshire at the time still had an anti-Catholic law on the books

Most of the laws prohibiting states from using public money for private religious schools come from a anti-Catholic movement started in the 1870s by U.S. Rep. James Blaine, a powerful Republican from Maine. Blaine’s response to the immigration of Catholic and Jewish families from Europe was to endorse a nativist movement to make sure the immigrant schools would not get any funding.

At the time, many public schools taught a form of Protestant Christianity.

New Hampshire’s Education Commissioner Frank Edelblut applauded the ruling, saying it affirms New Hampshire in its commitment to religious freedom.

“Schools of all kinds – public, non-public, religious or non-religious – have the distinct duty and ultimate responsibility to provide the best education possible for their students. This Supreme Court ruling clarifies what has always been so — that we do not discriminate against anyone, period. This ruling will ensure that school choice remains an opportunity for every student throughout the nation, and that there will be equality available among all educational institutions. There is no place for discrimination here in New Hampshire.”

New Hampshire Democrats were largely silent on the decision, with no member of the state’s federal delegation making any mention of it. They also declined to respond to requests for comment.

Granite State Democrats have long opposed school choice, especially the funding for parents who want to send their children to religious schools. During the debate over EFAs last year, state Sen. Tom Sherman (D-Rye) complained, “There’s just no accountability to property taxpayers whose money is being used for private, religious and home school.” 

Sherman is now the Democratic nominee for governor.

Senate Minority Leader Donna Soucy (D-Manchester) specifically cited the anti-Catholic “Blaine Amendment” language in the state constitution in her opposition to the EFA program.

“The New Hampshire Constitution prohibits taxpayer dollars from being directed to private or religious schools. Now more than ever, when legislators on both sides of the aisle have identified property taxpayer relief as a priority, it is difficult to understand why we would remove safeguards for the use of taxpayer dollars and ask hardworking Granite Staters to pay for the private education of other children and families.”

And former state Rep. Tamara Meyer Le (D-North Hampton) was removed from the House Education Committee in 2019 after a profanity-laced social media rant against private and religious education. “F*** private and religious schools,” Le wrote.

New Hampshire parents and students crowded the State House Tuesday to testify against Democratic Sen. Jay Kahn’s bill to repeal the state’s Education Freedom Accounts.

“I implore you, do not eliminate the Education Freedom Accounts, this program helps so many students and their families,” said Emma Jackson, a sophomore at Holy Family Academy in Manchester. 

Jackson, like many students who testified, has been able to go to a private school for the first time thanks to the EFA’s. The program “funds students instead of systems,” as school choice advocate Corey DeAngelis of the American Federation for Children puts it. The state’s share of a child’s public school funding follows the student to other education options like private or home schooling.

The program, in its first year, has more than 1,600 participants.

“Currently, most of the families that are using the Education Freedom Accounts are low-income families,” said Kate Baker Demers, executive director of the Children’s Scholarship Fund of New Hampshire.

Baker Demers said low-income families have struggled for years to get their children into schools where they can learn. They have also struggled to get their children the right education materials. Now they have the freedom to make the best choices for their families, she said.

“The families that are using them are extremely grateful and think it is right and just that they have access to their education funding,” she said.

Kahn, a Keene Democrat, is concerned that the success of the program will spell trouble for taxpayers down the road. He said the program is costing more than $8 million this year and is expected to double next year. On top of that, Kahn said, the state has cut funding for public education by more than $80 million in the current two-year budget. 

“Every child deserves access to an adequate education, but this isn’t the way to do it,” Kahn said.

Meanwhile, per pupil spending on k-12 education has risen during Gov. Chris Sununu’s administration to the highest level ever.

New Hampshire’s public schools lost more than 8,000 students in the last year as more parents grew frustrated with COVID-19 imposed-remote learning, among other problems. Baker Demers said parents realized during the pandemic that there are more options than their local public schools that fit their family needs better, and those options were finally within reach.

“They didn’t have these options without the EFAs,” she said.

Some Democrats opposed to EFA’s, like Rep. Marjorie Porter (D-Hillsborough) send their own children to private schools while opposing allowing state funding to follow low-income kids to these same schools.

“I certainly understand the need for families to find an alternative to public schools to meet the needs of their children,” Porter testified. “My own two children attended the same public school where I taught. My daughter was fine with it, but not so my son. He was experiencing difficulties, so we sent him to a local private school until he was middle school age. It was good that we had that option.”

Porter has filed a bill in the House to prevent local property taxes from going to religious schools, harkening back to 1870s efforts to stop Catholic schools from receiving public funding. A 2020 U.S. Supreme Court ruling found a state cannot prevent money from going to religious schools if it offers parents grants for education. 

Rep. Rosemarie Rung (D-Merrimack) mocked families who need the grants on Twitter, calling EFA’s handouts.

“My parents sent all 4 of their kids to Catholic school on a USAF officer salary and they would never, ever expect a government handout to do so,” Rung wrote on Twitter.

Baker Demers said low-income families deserve equal opportunities when it comes to education, and EFAs provide those opportunities.

“That’s the point, to overcome those inequalities,” she said.

“These are students who struggled in their old learning environment for a variety of reasons from bullying, learning difficulties, or health concerns,” said Sarah Scott from Americans for Prosperity New Hampshire. AFP-NH was heavily involved in the passage of EFAs and the Americans for Prosperity Foundation spent last summer spreading awareness of the new program to parents.

Families, Scott says, “are ecstatic to have been given the chance to have their children learn in a setting that helps them to thrive.”

Kahn said EFA’s downshift costs for public education onto local property taxpayers, an assertion advocates deny. Sen. Denise Ricciardi (R-Bedford) said the tax money is following the child through the system, and it will not result in higher taxes.

That is true in part because, while state funding follows the student, local funding remains in the schools. As a result, every student who uses an EFA leaves behind around $10,000 or more for their former school to spend on the remaining students. More money, but fewer students.

Regardless of the math or the praise of parents, the state’s teachers unions still oppose the EFA program.

“This is a multi-million-dollar example of failed leadership that will ultimately hurt our kids,” said Meg Tuttle, president of the NEA-NH, the state’s largest teachers union. 

Tuttle did not elaborate on how families choosing what they believe are better education choices for their children “will hurt kids.”

Senate Majority Leader Jeb Bradley (R-Wolfeboro) was a  prime sponsor of the legislation creating EFA’s last year. He made it clear this week he will fight to keep the program operating.

“Our Education Freedom Accounts have proven to be more successful than anyone imagined. Currently, 1,635 students are enrolled in the EFA program, giving working families the power to choose the best educational path for them,” Bradley said. “The pandemic has shown us the need for greater educational options, especially for families who traditionally could not afford the choices wealthier families have always had.  EFA’s provide that pathway. Students of hard-working families of modest means deserve the opportunity for education choices that best suit their needs.”