NH OUTLOOK, Thursday, 9/6/2001
script iconPreshow script iconfounders
script iconHeadlines script iconkey: health
script iconTroubled Mill script iconkey: education
script iconSearch Payment script iconTonight 11:30
script iconIntro Oxycontin script iconTonight 7:30
script iconIntro Ed Funding script iconMonday 7:30 and 11
script iconEducation funding script iconTonight 7:30
script icontag ed funding script iconO'Brien Search content
script iconBusiness Outlook script iconwebsite
script iconWall Street Stocks script iconTomorrow
script iconNH Stocks script iconThank guests
script iconFarm Money script iconWarrantless Search
script iconIntro Mt. Washington script iconLayoff Money
script iconMt. Washington script iconVideo Tax
script iconGoodnight  


script iconPreshow
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Next on New Hampshire Outlook tonight.
An eye opening look at the history of education funding in the granite state. We'll put the present day funding crisis in perspective.
And how can such a little pill be causing such a big furor? We'll look at the controversy over the powerful painkiller oxyContin.
script iconHeadlines
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Good Evening. I'm Allison McNair. Welcome to New Hampshire Outlook.
script iconTroubled Mill
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Pulp and Paper of America has shut down its last operating paper machine. A paper towel operation in Gorham was shut down yesterday.
The union president said fewer than 100 union members are still at work. This week, Berlin officials warned the company that if it fails to cover a 50-thousand-dollar check that bounced twice last May, the city will pursue criminal charges. Pulp and Paper's parent company, American Tissue, says it's investigating inaccuracies in its financial reports. The company released a statement saying its chief financial officer has resigned in connection with those inaccuracies.
script iconSearch Payment
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The two days Boston newscaster Ted O'Brien was lost in the New Hampshire woods may cost him more than just his holiday weekend. Under New Hampshire's reckless hiker law O'Brien may be charged for the cost of his search. The law takes into account just how prepared hikers are when they get lost. Proper clothing, equipment, food and water all factor in. O'Brien did not plan for and was not equipped for an overnight hike. Fish and game officials will wait for the final report on O'Brien's search before making a decision.




script iconIntro Oxycontin
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The story making headlines in northern Maine and Massachusetts has now hit home in New Hampshire. Drugstores in Gorham and Portsmouth have been robbed of oxycontin, a prescription pain medication that when abused has been labeled "hillbilly heroin." Earlier I talked with Doctor Ralph Beasley a Pain Management specialist with the Dartmouth Hitchcock Clinic in Manchester and Tim Hartnett of New Hampshire Health and Human Services.
script iconIntro Ed Funding
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The communities that sued the state over how it paid for education want the New Hampshire Supreme Court to declare the latest funding system unconstitutional. They say lawmakers have failed to define an adequate education, determine its cost, and then decide how to pay for it.
The fight over education funding has been going on for centuries here in the granite state. Tonight we take a look at the history of how we've paid for education in New Hampshire.
script iconEducation funding
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nat sound full JOY
13:28 and thank you for coming to Nottingham to see our nottingham square school house. We're very proud of this. 13:35
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Joy Gannett brings the history of education to life. As a member of the Nottingham historical society she shows visitors what these one room school houses used to be like.
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Joy
SOT: 15:12 This is a small bible because they were taught the bible, children had bibles at home so for their reading the bible was a way of learning spelling English and religion all combined. 15:25
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So where did the money to support these schools come from in the 18th and 19th century? And what were they like? Doug Hall, the executive director of the New Hampshire Public Policy Studies explains.
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DOUGSOT: 10:05Well before the contitution that we currently live under, passed and took effect in 1784, there was an earlier temporary constitution and even before that the state was a colony and it operated under the laws of England. In terms of schools there were state laws that required every town to have schools. But the amount of money the town would spend on a school or schools was totally left up to local option.10:35
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Stuart Wallace, a historian specializing in New Hampshire's education history, adds more detail.
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SOTStuart 2:56 In 1771 for instance the royal governor John Wentworth the fact that 9 out of 10 towns didn't have a school even though they were mandatory. Most of those were frontier towns and they just didn't have the money and hadn't gotten started yet. 3:08
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SOTStuart5:34 There tended to be no money for any school supplies, not that there were many to be had and there was the greatest difficulty in raising money for any kind of a school building. Especially in those days there were no school buildings. They operated out of barns and houses and what have you.5:51
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In 1789 the legislature made it's first attempt to change the old laws. All laws in regard to schools were eliminated and the state started over. The legislature told the towns how much money to support their local schools must be raised and what tax that would be used to do it.
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SOTDoug 14:54 What they did was they taxed land based on the product it produced. So orchards were taxed so much per acre. And the amount per acre was in the law it wasn't something that local assessors went out and said your property is worth so much, it was in the law how much it was. But the interesting thing was that an acre was defined not as a measure of land but, that amount of land necessary to produce ten barrels of cider each year, out of the orchard. So two people with quite different measures of land could be taxed the same if their orchard produced the same amount of cider. It was essentially a tax on agricultural product produced each year 15:38
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SOT:
Doug
12:08 The key point here is who decided on how much each town spent on their schools and that was the state legislature. Not local government.12:17
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But the towns decided who would teach in the local schools, and how they would be paid.
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SOTstuart: 21:39 There were cases when schoolmasters and ministers would accept services and goods in lieu of payment. Towns handle it differently 21:49
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And If a town felt it was ordered to spend too much or too little, it could appeal to the legislature. And if the legislature agreed that more money should be spent, as it did in 1791,the amount was raised equally over all the school districts.
But in the early 1800s, towns were then given the authority to build new schools and raise money from their local tax base.
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SOTDoug: 12:44 Not until about the 1830's did towns begin to say that, well the state said we must raise this amount, we've been doing that. Is it possible if we could raise more if we so chose. The supreme court in 1834 made a decision that said well the legislature has told you how much you have to raise, but in fact you could raise more if you so desire. And that began a process in which some towns began to say okay the state said to raise this amount, we're gonna raise a little bit more. 13:14
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School districts continued to raise more than required by law, and by the early part of the twentieth century, the legislature was no longer concerned with raising the funding levels. Local control had become the guiding principle to funding schools.
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SOTStuart: 11:49 Well the state basically backed off, leaving the local revenues to the towns and counties and the myth develops that these are local taxes. In reality if you look at article 28 in the states bill of rights of the state constitution: All taxes are the authority of the state, you may delegate, but you can't get rid of the authority. 12:07
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The industrial revolution had a direct impact on schools. More money was going to bigger communities like Mancheter or Rochester because of their newfound property wealth from the mills and other industry. They were now able to afford bigger and better school systems. But the smaller, rural communities suffered.
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SOTDoug tape 2: 2:40 So they went through a reform that again was to say towns have to make this amount of money and the states will pay the rest and if some towns need more state aid then other towns then they will get state aid.
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track GRAPHIC?
That reform, made law in 1919, enacted a tax that couldn't be less than $ 3.50 per $1000 and couldn't be more than $5.00 per thousand dollars. Over the years the maximum would rise, But the basic principle remain, if poorer towns were paying this maximum and still weren't meeting the standard school obligations then the state would have to fund the rest.
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SOT Doug tape 2: the legislature never figured out how they were going to raise the money to provide the additional aid that they promised. And it's not too dissimilar from the situation we have today3:03
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But this time the State Supreme Court has weighed in on the debate.
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SOTDoug: 22:10 Well the Claremont 1 decision particularly was the one in which I think it's 1993 the court first addressed the question of whether education is a state responsibility. 22:24
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The so-called Claremont case was comprised of a coalition of five communities including Claremont, Allenstown, Pittsfield, Franklin, and Lisbon. The coalition sued the state, charging it failed in its duty to provide a constitutionally adequate education for every child. Lawyers argued the town's lower tax base made it impossible to support community schools in the same manner as other property rich towns.
Here's how part of the Claremont I argument unfolded in the courtroom.
SOTRICHARD PIECe: Judge- yes I was hoping you would begin by making a confession, that the state of New Hampshire has a duty to assure that an adequate public education is provided students of this state. Are you willing to make such a concession?
No your honor the state is not willing to make such a concession. Leslie Ludke - Assistant NH Attorney General
Would you agree that there is a duty to cherish?
The state…
Just yes or no
The constitution does provide the need for the duty to cherish.
Now if at the time of the adoption of that, that cherish meant to support as is illeged in the Duffy case, as the definition was then. And unless the word cherish meant something different than it does now and if it meant support would that now be your duty, to support education?
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track
The court ruled it was. In 1997 Claremont II reaffirmed the decision of Claremont I: education is the state's responsibility. But it went further to say that the present system of taxation to provide funding to meet this constitutional duty was not reasonable or proportional. For example, the equalized tax rate for the 1994-1995 school year in Pittsfield was more than four times higher than in Moultonborough. Likewise,
the equalized tax rate for Allenstown was almost 400-percent higher than the seacoast town of Rye. That, the court ruled, was unconsitutional. GRAPHICS HERE?
As a result, the state adjusted its formula, first estimating that an adequate education would cost 825 million dollars in the first year. One of the taxes settled upon included a statewide property tax, that would cover half of that amount. The tax- currently $6.60 cents per thousand- was made proportional across all communities. And suddenly the concept of donor towns emerged.
Property rich towns paid more in education funding taxes than communities with lower property values. Yet they received from the state, the same amount for per pupil spending.
Last year, a group of two dozen property rich towns took the state to court and challenged the constitutionality of the tax. A superior court judge ruled in their favor and not only through out the tax, but ordered the state to pay back 880 million dollars already collected. It was a short lived victory. The Supreme Court reversed the lower court's decision And just this week denied a request for a rehearing. but the court also found that the current methods of assessment are unequal and must be corrected.
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SOTDoug: 28:06 One of the ironies of this is that the statewide property tax as it is in place now an now permanent is so very similar to the exact tax base that was used in 1789 to fund the schools. It is a statewide tax set at a statewide rate across all property. 28:28
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SOTDoug tape 2: 00:17 I think it is important to understand that this generation of policy makers is not the first one to face this set of questions. What is education for? Who's to be educated? What's the states responsibility versus local responsibility? How are we going to raise the money to do it? What's an appropriate amount of money to spend on it? These are the questions that have been in the states history going all the way back and are likely to be in the history all the way forward. How ever they are resolved this time around the next generation will have to readdress them for one reason or another, the only difference this time from the prior changes in education, is that there is now a supreme court decision that says education is a state responsibility. 00:59
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script icontag ed funding
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Tonight at 9 o'clock here on New Hampshire Public Television, PBS presents School: The History of American Education. See how other states and the federal government have grappled with education funding and more.
script iconBusiness Outlook
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It was another down day on wall street. Bad news on the retail front, a mediocre forecast from Intel and a revenue warning from Motorola were just some of the factors pushing stocks lower.
script iconWall Street Stocks
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The dow was down nearly two percent, the nasdaq was down 53 point 37. The S&P 500 was down 25 point 34.
script iconNH Stocks
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Here's a look at stocks of interest to New Hampshire investors. Anheuser Busch was down ninety-one cents. GenTek was up fifty-five cents. M-B-N-A dropped sixty cents a share. Pennichuck Corporation rose seventy-five cents a share. And Tyco International ended the day down a dollar fifty-nine.
script iconFarm Money
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Farmers in four New Hampshire counties are now eligible for emergency federal loans. The Farm Service Agency is making low-interest emergency loans available to farmers in Chester, Sullivan, Grafton, and Coos counties. The U-S Department of Agriculture has declared the counties contiguous disaster areas because of prolonged cold weather last winter.
script iconIntro Mt. Washington
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Another beautiful day today. To find out if this great stretch of weather will last we checked in a few minutes ago with Katie Koster at the Mount Washington Observatory and we also got details on weather on top of Mount Washington.
script iconMt. Washington
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Mt. Washington Observatory\Today on the Summit\High: 48 degrees\Wind: NW 23 mph\Partly Cloudy\Visibility: 90 miles\
Tonight\North\Partly cloudy\Lows: 45 - 50\Winds: Light and variable\
Tonight\South\Mostly clear\Lows:50 - 55\Winds: Light and variable\
Tomorrow\Statewide\Mostly sunny\Highs: 80 - 85\Winds: SW 10 - 15 mph\
script iconGoodnight
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That's it for this edition of New Hampshire Outlook. For all of us here at New Hampshire Public Television, thanks for joining us.
Good night.
script iconfounders
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Thanks to our founding sponsors who have provided major funding for the production of New Hampshire Outlook:
New Hampshire Charitable Foundadtion
Public Service of New Hampshire
Alice J. Reen Charitable Trust
Putnam Foundation
Stratford Foundation
script iconkey: health
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DATE:9/6/01
TOPIC: The story making headlines in northern Maine and Massachusetts has now hit home in New Hampshire. Drugstores in Gorham and Portsmouth have been robbed of oxycontin, a prescription pain medication that when abused has been labeled "hillbilly heroin." Earlier I talked with Doctor Ralph Beasley a Pain Management specialist with the Dartmouth Hitchcock Clinic in Manchester and Tim Hartnett of New Hampshire Health and Human Services.
SEGMENT LENGTH:10:18
NAME OF PARTICIPANTS:
Tim Hartnett\NH Health and Human Services
Dr. Ralph Beasley\Pain Management Specialist\Dartmouth Hitchcock
script iconkey: education
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DATE:9/6/01
TOPIC: The communities that sued the state over how it paid for education want the New Hampshire Supreme Court to declare the latest funding system unconstitutional. They say lawmakers have failed to define an adequate education, determine its cost, and then decide how to pay for it.
The fight over education funding has been going on for centuries here in the granite state. Tonight we take a look at the history of how we've paid for education in New Hampshire.
SEGMENT LENGTH::10:32
NAME OF PARTICIPANTS:
Doug Hall\Executive Director, NH Public Policy Studies
Stuart Wallace\Education Historian
Doug Hall\Executive Director, NH Public Policy Studies
Stuart Wallace\Education Historian
Chief Justice David Brock\NH Supreme Court
script iconTonight 11:30
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Tonight on New Hampshire Outlook.
How can such a little pill be causing such a big furor? We'll look at the controversy over the powerful painkiller oxyContin.
Here at 11:30 only on New Hampshire Outlook.
script iconTonight 7:30
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Tonight on New Hampshire Outlook.
From the ongoing woes at the Berlin paper mill to another court battle over education funding we put weeks headlines into perspective.
Join us tonight at 7:30 only on New Hampshire Outlook.
script iconMonday 7:30 and 11
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Monday on NH Outlook
A community comes together to preserve its past as two pre-civil war buildings in Keene are moved to save them from the wrecking ball.
Monday at 7:30 only on New Hampshire Outlook.
script iconTonight 7:30
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Tonight on NH Outlook
A community comes together to preserve its past as two pre-civil war buildings in Keene are moved to save them from the wrecking ball.
tonight at 7:30 only on NH Outlook.
script iconO'Brien Search content
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He was dressed in sweat shirt and blue jeans and wore hiking sandals with socks. He carried two peanut butter sandwiches, four cheese sticks and water, but did not have a compass or matches
script iconwebsite
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For information on tonight's program, and links to our guests and interviews,
visit our web site at nhptv.org.
You can see and hear streaming video of our broadcasts and participate in our daily poll.
If you've got a story idea or comment on our program you can call us at 800-639-2721.
script iconTomorrow
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Tomorrow on New Hampshire Outlook -
Putting the weeks headlines into perspective with journalists from around the state.
script iconThank guests
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Thanks Dr. Beasely and Tim Hartnett. .
script iconWarrantless Search
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AP-NH--Supco-Warrantless Searches
laajhmmsrfnho
Court says citizens should be told of right to refuse warrantless
search
-- The New Hampshire Supreme Court reiterated today
that police officers should inform citizens of their right to
refuse warrantless searches.
The court's reiteration stems from May 1999 incident, when
Dorian Hight, who is black, was pulled over by a Chesterfield
police officer for speeding and for a broken taillight. The officer
determined Hight's license and car registration were valid, but
held onto them and asked to search him and the vehicle.
Hight consented, and the officer found a small amount of
marijuana. Hight was arrested and later convicted of drug
possession.
The high court reversed his conviction.
The court said the evidence taken during the search should have
been suppressed. It said Hight consented to the search while he was
unlawfully detained, which makes it less likely his consent was
freely given.



script iconLayoff Money
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A Merrimack firm issued severence checks to laid-off employees earlier this year. Now, Filtronic-Comtek says at least some of 250 former employees were overpaid, and wants them to return the difference. In some cases, that amounts to over one-thousand dollars. Some of the workers say they tried to tell the company they got too much money earlier this summer, and were ignored. Department of Labor employee Cynthia Flynn says she urged the company not to try to collect. But Dawn Harkum, Filtronic-Comtek's Chief Financial Officer, says the company is complying with state and federal law.
script iconVideo Tax
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AP-NH--Video Tax
msrman
Tax on video games, movies being discussed
-- A bill that would tax video games and movies in
New Hampshire to raise money for sexual assault victims is being
studied by a legislative subcommittee.
The House bill would provide money to sexual assault victim
programs, which the state currently doesn't fund. It is hoped the
bill would raise 260-thousand dollars a year. It would come from a
one dollar tax on the sale of video games and video movie games and
a five-cent tax on the rental of video games and movies.



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