Somersworth School Board reports joining lawsuit challenging U.S. Department of Education guidance; certification with addendum possible if court deadline holds

The Somersworth School Board reported on April 22 that the district has joined a multi-district lawsuit with the National Education Association and the ACLU challenging a U.S. Department of Education “Dear Colleagues” letter, and that district officials are preparing to sign a state certification with an explanatory addendum if a federal-court injunction does not suspend the certification deadline.

Superintendent Shea told the board the suit argues the Department of Education letter — described in the meeting as the Feb. 14 “Dear Colleagues” letter — is “too vague and too ambiguous,” and that the district joined other New Hampshire and regional districts in asking a court for temporary relief. Shea said the New Hampshire District Court could rule on an injunction before the federal certification deadline and that the district is preparing to certify with an addendum if the injunction does not arrive in time.

The issue matters because the state had asked districts to certify compliance with Title VI of the Civil Rights Act of 1964; the district’s memo to the board said it would only sign with an addendum spelling out the district’s understanding of the requirements if the court does not enjoin the deadline. "We will sign the certification with an addendum explaining exactly where we stand," Shea said, adding that the district does not want to risk losing federal funds while also contesting the clarity of the federal guidance.

The board heard that the district joined the suit along with other New Hampshire districts and several Massachusetts and Vermont districts; the superintendent said the ACLU is supporting the request for an injunction. The board was told that, if the injunction is not granted, the district plans to submit the certification by the federal deadline while appending written clarifications of the district’s interpretation.

At the same meeting the board received budget updates. Superintendent Shea reported that the Somersworth City Council recently approved a resolution to dedicate $200,000 of the city’s fund balance to the district’s next fiscal year budget. Shea said the additional funds reduced the number of personnel cuts the district otherwise would have had to make under a tax-cap–compliant budget from an estimated eight to ten down to four personnel reductions.

Board members and city council representatives discussed special-education costs and timing of state adequacy payments. A board member said that in 2024 Somersworth spent 29.42% of its budget on special education services (including transportation), and several board members noted a recent run of unexpected special-education expenses from court-placed students and move-ins. Business administrator Katie (last name not specified in the transcript) told the board the district is awaiting final cost information for some court-placed students and may need to contract out paraprofessional support if it cannot hire staff directly.

Board members asked for clearer, summarized documentation for city council members and the public explaining why special-education costs surge and how federal and state rules drive obligations. One board member offered to circulate a written breakdown of New Hampshire special-education funding to help clarify why those costs are often the largest driver of rising education spending.

The superintendent and board agreed to monitor a possible district-court ruling in the 24–48 hour window before the federal deadline and to circulate the precise certification language as soon as it is drafted.

Votes at the meeting included adoption of the consent calendar (minutes) and a subsequent motion to enter nonpublic session under RSA 91-A:3 II(b) for personnel matters; both motions passed.