NH DOE Fails to Get Injunction Against Croydon re School Choice

On December 14, 2015 the presiding judge of the Strafford Superior Court, Justice Brian T. Tucker, denied the injunction brought by the NH Department of Education and Attorney General against the Croydon School Board. The NH DOE and AG claimed that the four Croydon students would be irreparably harmed if allowed to remain at the Newport Montessori School as part of the town’s school choice program. In the court’s ruling, the judge said that the NH DOE previously allowed students to remain in their private schools and had advance knowledge that the board intended to continue their program in the 2015-2016 school year, but did not take immediate action at those times. The judge cites another case that said “[A]ny delay in moving for a preliminary injunction “generally destroys the presumption of irreparable harm.” See the photos below for a full copy of the ruling.

In 2014 the tiny town of Croydon implemented a cost-savings school choice program that enables families to pick alternatives to their “anchor” Newport district schools. Although the NH DOE gave tacit approval of their plans along the way, they now want to put an end to it. Currently four Croydon students are utilizing the program to attend a private school at a savings of approximately $16K to the town.

In September 2015 the Attorney General sent a “cease and desist” letter to the Croydon School Board demanding that they stop making tuition payments to the private school within 20 days. The Croydon School Board, with support from the residents and selectman, did not comply as they believe they are properly following state law.