In testimony in opposition to the ABC Plan (submitted to the House Education and Finance Committees), State Senator Jim Rubens, chair Senate Ed Committee and Republican candidate for Governor, wrote:


ABC Shuts Out Voters, Taxpayers and School Boards; Drives Up Spending

The department of education would determine local tax rates and spending. The department of education is granted exclusive authority to set minimum education spending rates for middle/junior high and high schools. (193-E:3, IV).

"Each school district shall appropriate an amount … as determined under RSA 193-E:3 … without a vote of the school district." (193-E:9, I). The ABC tax and total control plan delegates the unelected, unaccountable Department of Education to set mandatory spending levels in every community. ABC prohibits any level of expenditure less than, roughly, today's state average. More cost-effective, efficient schools are prohibited by law. Local voters and taxpayers are cut entirely out decision making.

ABC would put local schools under total control by the politically appointed state board of education. Local curriculum, instruction, staffing and "corrective action" plans would be mandatory and would be controlled and approved by the state board (193-E:4, I, VI and 193-C:9, I & II, as amended). Local schools would be compelled to perform according to yardsticks established by the state board (193-E:4, II). Compliance with state board set minimum standards would be mandatory (193-E:4, III; 189:1, 2 & 24, as amended).

The total net first year cost of ABC is greater than $123 million because towns receiving no aid but spending less than the state average are compelled spend more and raise local taxes.

ABC runs afoul of Article 28-a by granting the state board of education unrestricted ability to create new spending mandates paid for by state and local taxpayers.

Deficient schools would be placed under the state board's orders and would be given a "quality assurance" team, run by the department of education. This is the same department that has failed in its duties to administer, monitor and help control costs in special education and opposes proven-effective phonics based reading instruction.

The Attorney General would be authorized to sue local school districts to compel adherence to taxing, spending and management control by the state board and department of education. (ABC, Section 73).

The Shaheen administration's desire to set education policy in secret and without accountability to the public remains evident in the ABC tax and control plan. Slated for repeal is RSA 189:4, requiring state board of education decisions to be made in writing, recorded and noticed to any affected school districts.

ABC unconstitutionally removes due process protections for towns disagreeing with DRA assessments. "Appeals which have not bee finally ruled upon by the board on or before the expiration of such 60 day period shall be deemed denied." (Section 29, RSA 71-B:5, II)

ABC attempts to conceal the Supreme Court's "strict scrutiny" prohibition against "disparities" with a statement that educational services need not be "identical" (193-E:4, IX). Only a constitutional amendment can void the Pandora's box of adequacy lawsuits facing the state. ABC's statutory language will have no beneficial effect. The "strict scrutiny" language in the court's decision forces the state to prove a "compelling state interest" in any "disparity" between school districts, schools, and conceivably services for each child.

The State Assessment Tests Should Not Be Used to Allocate Rewards or Sanctions

The state frameworks in RSA 193-C would become mandatory (193-E:4, I and 193-C:3, IV, as amended).

The state assessment tests are not nearly accurate or reliable enough to be used to reward or sanction school districts, as would be required under RSA 193-C:1, VI. Please see the 1997 report of the Assessment Oversight Committee, chaired by Senator Rubens, for more details.

ABC is Blatantly Unconstitutional

"The phantom tax credits are a fig leaf to cover ABC's blatant unconstitutionality." Approximately half of towns' ABC tax rates are not proportional, with variance among tax rates by as much as 15 to 1. The very first paragraph of the Claremont decision states that even a 4 to 1 ratio among tax rates is impermissible "fiscal mischief." NH courts have already ruled unconstitutional exemptions providing property tax relief for persons owning more expensive homes at the expense of lower income property owners, Felder v City of Portsmouth (1974) 114 NH 573, 324 A2d 708.

ABC Increases Tax Regressivity

ABC would completely eliminate the local personal income sensitivity feature of the Augenblick formula as of 2001, thus making state aid more regressive. The difficulty of raising ABC's $15.06 in education property taxes varies between towns depending, in part, upon local personal income.