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Superior Court issues a strong order denying the State’s motion to reconsider the Rand decision.
Jan 29, 2026
Court Denies State’s Motion to Reconsider
On Tuesday, January 27, the Superior Court issued a strong order denying the State’s motion to reconsider the groundbreaking decision in the Rand case issued last August. In denying that motion, Judge Ruoff wrote:
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“While it is the State’s obligation to meet the demands of Constitutional Adequacy, the State has downshifted that obligation to the local school systems via statutes and regulations that require schools to satisfy this standard. As Adequacy Funding is insufficient (standing alone or coupled with other State education funding sources) for schools to meet Constitutional Adequacy, the State’s underfunded mandate directly forces local communities to bridge the gap with local funds.”
– pg. 9, Order on the State’s Motion for Reconsideration, January 27, 2026
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Legislators continue to argue—most recently in testimony on SB 582 last week—that they do not need to comply with the ConVal ruling because that case was only about base adequacy. The Rand case and ruling directly address the State’s failure to fund other elements of education, and in particular highlight the lack of State support for special education services. This denial of yet another delay tactic from the State reinforces that there is no evidence supporting the continued practice of downshifting costs onto local property taxpayers.
“The only game they have ever had is to delay and distract,” said NH School Funding Fairness Project Executive Director Zack Sheehan. “It’s way past time that lawmakers stop playing these games and actually work to address rising property taxes that are being caused by the State avoiding and downshifting expenses they are constitutionally required to fund.”
Learn more:
On June 28, 2022, property tax payers from around New Hampshire sued the state in hopes of addressing the wildly different tax rates used to fund education. Click here to explore resources about the Rand lawsuit, school funding, and property taxes in New Hampshire