Concord, NH – Attorney General John M. Formella announces that the Merrimack County Superior Court has issued an order granting the State’s motion to dismiss in the matter "Debrah Howes v. Frank Edelblut, Commissioner, New Hampshire Department of Education", Docket No. 217-2022-CV-01115.

“This decision preserves the ability of Granite State families to have real options so they can make the best educational choices for their students. All children should be able to receive the strongest education possible to meet their learning needs, no matter their economic status,” said Attorney General John Formella. “I am grateful for the hard work our team put in to defend this program, and I would like to especially thank Senior Assistant Attorney General Laura Lombardi for her dedication and excellent work on this case.”

“We are pleased that the court has ruled in favor of New Hampshire’s strong and prosperous Education Freedom Account program, which now has more than 4,000 participants and continues to grow,” said Education Commissioner Frank Edelblut. “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. The value of this program continues to be far-reaching, with numerous success stories emphasizing just how impactful EFAs have been statewide.”

This case involved a challenge to the constitutionality of the Education Freedom Account program (RSA chapter 194-F), which the State created to help expand educational opportunities for New Hampshire children by allowing eligible families to direct their child’s state education funding toward educational programming of their choice. The plaintiff sought a declaration that the law violates provisions of the New Hampshire Constitution and statutory law and requested an injunction prohibiting the State from continuing to implement the program. The State moved to dismiss, arguing that the plaintiff failed to state a claim that the program was illegal or unconstitutional.

The Superior Court ruled that the plaintiff failed to allege facts supporting a claim that the State unconstitutionally used lottery money to fund the program or that the law unlawfully delegated legislative authority to private parties. The court further ruled that the plaintiff’s statutory challenge to the State’s use of education trust fund money to fund the program was moot in light of recent amendments to the education trust fund statute, RSA 198:39. A copy of the Superior Court’s order is attached.

For the full decision, click here.