Appeal of Epsom School District

Issues on Appeal

The following summaries of the issues on appeal have been prepared by clerk’s office staff for the convenience of the public. The Supreme Court has neither approved nor reviewed any of the summaries. The parties’ filings and the applicable record — not these summaries — define and establish the issues that the Supreme Court will consider in a case. Please note that, in the interest of brevity, some issues in a listed case may have been combined or not summarized. In these summaries, “Rule Type” refers to the particular Supreme Court Rule under which the case has been docketed. “Type” and “Subtype” refer to the case type and case subtype, as determined in accordance with the definitions in the State Court Guide to Statistical Reporting, a publication of the Court Statistics Project (a joint project of the National Center for State Courts and the Conference of State Court Administrators).

Rule Type

Rule 10 Administrative

Type

Administrative

Subtype

Agency Other - Rule 10

Whether the State Board acted clearly unreasonably or unlawfully by ruling that the Open Enrollment Law preempts and supersedes RSA 195-A:4, which requires a sending district in an AREA agreement to “assign and send” its students to the AREA school. Whether the State Board acted clearly unreasonably or unlawfully by ruling that, although Epsom is a sending district under the Pembroke AREA plan, it must pay open enrollment tuition for an Epsom student to attend Prospect Mountain High School under the Open Enrollment Law. Whether the Open Enrollment Law is an unfunded mandate in violation of Part I, Article 28-a of the New Hampshire Constitution.