Concord — The New Hampshire Supreme Court has granted the Croydon School Board a stay in its school choice court battle because of pending legislation that could make a legal decision moot.

Croydon had appealed to New Hampshire’s highest court a determination from state education officials and subsequent Superior Court ruling that the board may not pay private school tuition with public money.

“The Legislature passed a change in the law that would have resolved the Croydon situation but it was vetoed last year by Gov. (Maggie) Hassan,” said a Jan. 11 court filing from Croydon’s lawyer, Chuck Douglas, of Concord, requesting a three-month stay of the case.

Hassan, a Democrat, has departed the governor’s mansion for the U.S. Senate, and first-term Republican Gov. Chris Sununu is a school choice supporter.

“This year,” the filing said, “Gov. Sununu said he would sign such a law and it is likely it would be enacted prior to the time that this court would ever rule on the instant case, which, depending on the statutory change, would make the case moot.”

Croydon obtained assent from the New Hampshire Attorney General’s Office for its motion, according to court documents.

Justice Robert J. Lynn granted the stay on Jan. 20 and ordered the Croydon School Board to return by April 20 with a report on the legislation’s progress.

Six Croydon children this year are attending the Newport Montessori School with their first semester’s tuition paid out of taxpayer funds, board members have said. Two of those students are the children of board Chairwoman Angi Beaulieu.

The Croydon Village School serves children up to the fourth grade, after which point the district sends students to schools in other towns.

New Hampshire Department of Education officials argued that the payments were illegal and that the practice, if it became widespread, could weaken public schools; the Croydon board, however, says it is defending parents’ ability to make educational choices for their children.

Rob Wolfe can be reached at rwolfe@vnews.com or 603-727-3242.