The Growing Cost of Legal Battles in New Hampshire Schools
As school boards and budget committees across New Hampshire begin preparing next year’s budgets, local taxpayers are taking a closer look at how their property taxes are being spent. One area drawing quiet but growing concern is the rising cost of legal expenses in public education.
From lawsuits over COVID-era mask mandates to disputes involving parental rights and student discipline, school districts increasingly rely on attorneys funded by local taxpayers. Critics say that gives administrators a financial advantage — one that can leave parents and residents at a steep disadvantage when conflicts arise.
In the SAU 16 (Exeter) district, parents filed a lawsuit challenging the district’s refusal to lift mask mandates during the pandemic. In Kearsarge, officials recently agreed to a settlement with a resident who said her free speech rights were violated during a local school board meeting. Both cases involved attorneys hired and paid for by the districts.
Many of these disputes could be resolved before reaching the courtroom. But when administrators have legal counsel at their fingertips, there’s less incentive to work collaboratively with parents. Taxpayers are essentially funding both sides of the fight.
Legal representation is built into most district budgets, covering everything from contract negotiations to policy guidance. But critics argue that when those same attorneys are used to defend districts against complaints from residents or parents, the system becomes unbalanced.
The issue often surfaces in student-related cases, such as bullying complaints. Parents who believe their child’s concerns were not adequately addressed can appeal to the New Hampshire Department of Education or State Board of Education — a process that may involve hearings and legal filings.
During that process, districts are typically represented by attorneys paid through public funds. Parents, on the other hand, must either represent themselves or pay out-of-pocket for legal help — a cost that can reach thousands of dollars.
“This creates a clear imbalance of power. Families already pay high property taxes to fund their schools, and those taxes are then used to hire attorneys who defend the district’s actions. Most parents can’t afford a $5,000 or $10,000 retainer to fight back.
Some community members are now asking whether legal budgets should be subject to greater transparency and oversight. Others suggest exploring options to help parents access affordable legal representation when disputes with their district arise.
The goal isn’t to strip schools of legal protection, it’s to ensure fairness when taxpayers find themselves in conflict with the very institutions they fund.
As budget season continues, school boards are expected to review projected legal costs alongside teacher salaries, transportation, and other major expenses. For many residents, the question remains: How much legal spending is too much — especially when it’s used to fight the people who pay for it?
