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Copyright (c) 2010 Franklin Pierce Law Center
Pierce Law Review

Article: Will Residency Be Relevant to Public Education in the Twenty-First Century?

May, 2010

Pierce Law Review

8 Pierce L. Rev. 297


Sarah L. Browning*


Table of Contents

I. Introduction298

A. The New Hampshire Experience299

II. The History and Rationale for Residency301

III. Statutes, Rules, and Court Decisions: The Factors That

Undermine Residency303

A. Extended Learning Opportunities (ELO)306

B. Manchester School District v. Crisman308

C. Plyler v. Doe311

D. Options to Resident District Public School Attendance313

1. Vouchers and Section 194-A314

2. The Option to Home School319

3. The Charter School Option321

4. The Options Landscape Outside New Hampshire323

IV. Florida325

A. Bush v. Holmes327

V. Colorado328

A. Owens v. Colorado Congress of Parents330

VI. The Federal Role332

A. McKinney-Vento Act332

B. No Child Left Behind332

C. Zelman v. Simmons-Harris334

VII. The Effect of School Finance Litigation335

VIII. The Effect of Technology and Other Initiatives338

A. Virtual Learning338

B. Competition in a Global Economy339



C. Common Core Standards339

IX. Conclusion340


I. Introduction

Long before the framers of New Hampshire's first constitution admonished legislatures and magistrates to cherish education, the provincial government had already established requirements for providing public education; these requirements were related to the size of a settlement. 1

By 1708, the provincial government in New Hampshire had established the first public school. 2 Not surprisingly, the school was in Portsmouth, which was, at the time, 3 the seat of the provincial government. 4 On May 2, 1719, the province passed an act that required communities of fifty families to employ a school teacher. 5 Under the same act, a community that had one hundred families was required to ...
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