By Chris Dornin
Golden Dome News Service

A dozen Southern Tier towns, including Hooksett, Concord, Amherst, Auburn and Londonderry, are close to filing a lawsuit to block the recently enacted Gatsas school-funding plan. It targets aid to needy towns with struggling schools, like Claremont, Pittsfield and Berlin.

Under the new formula, Hooksett loses $400,000 in aid and Pembroke gains $400,000. Neighboring towns will see smaller changes in state revenue.

Rep. David Hess (R-Hooksett) is a retired lawyer and a key player in the funding debate. He said the plaintiffs have a couple of ways to get a quick decision. They can intervene in the Claremont case because the high court still has jurisdiction over it. Or they can ask the Superior Court to original jurisdiction because the case is so urgent. The first state education checks under the new law go out before the start of school.

"The lawsuit is a close call," Hess said. "A number of people think the Gatsas will fail the test. It's different, but not too different, from the Gatsas plan (former attorney genera) Peter Heed said was indefensible a couple of years ago."

There's no definition of an adequate education in either dollar value or its components, Hess explained. On the other hand, the reduced statewide property tax still increases the aid total by $350 million.

"That makes it more defensible than anything the governor proposed," Hess said.

Places with relatively high median incomes and tax bases per child have raised $140,000 for a Supreme Court fight. All these fast-growing towns have the same problems when it comes to getting school aid under the new aid plan. Most have soaring real estate prices and strong wealth by any measure. They feel the rest of the state treated them like cash cows in the rush to get rid of donor communities and help the have-nots.

Londonderry has spearheaded the legal battle about to start. It loses more than $2 million the first year.

"We've been interviewing attorneys for a lawsuit," said Londonderry school superintendent Nate Greenberg. "We should be ready to pick a firm this week. Then we'll take all appropriate legal action."

Londonderry School Board Chairman Steve Young said every law firm that's interviewed for the case deems the new law unconstitutional on its face. That's because the court wants the collection and distribution of aid equal throughout the state, Young explained.

"The law violates that principle by targeting aid by median income and other need factors," he said.

Concord has pledged $10,000 for the fight, Hooksett $8,280, Amherst $5,000, Auburn $4,000, Merrimack $30,000 and Londonderry $30,000. Other partners in the litigation include Nottingham, Candia, Dover, Hampstead, Pelham, Plaistow and Windham.