House Bill 1300, which Gov. Kelly Ayotte recently signed into law, will put a lengthy question before voters across the state on Nov. 3 and two years later that could have millions of dollars in implications for public schools.

A major problem from the perspective of public education advocates is wording that they say is confusing and could give voters the wrong impression.

Here’s how the ballot question will read:

“Shall the [name of municipality] limit property tax growth for [name(s) of school district(s)] under RSA 32:5-i? If adopted for a two-year period: (1) the local property tax levy may not grow beyond the prior year’s amount, adjusted for inflation and new construction; (2) SAU central office spending may not exceed 6 percent of total school district appropriations; and (3) bonded capital costs are excluded from both limits. These caps apply only to administrative operations of the SAU central office and do not affect classroom instruction, school-based services, or other municipal expenditures. These limits may be overridden as provided in RSA 32:5-i. Adoption requires a three-fifths (3/5) majority vote.”

Deb Howes, president of the American Federation of Teachers-NH, pinpoints the third-to-last sentence as particularly problematic.

“We feel it’s really misleading,” she said in an interview Wednesday. “The question that you have to put on the ballot makes it sound like if you limit your property taxes, it’s not going to limit what students get in the classroom.

“There’s just no way that’s going to happen. If you limit your property taxes going to the schools, there’s no way you’re going to cut enough just in administrative overhead that it’s not going to affect elective offerings, or after-school programs, or the number of paraprofessionals you have to have for kids who are struggling, or the number of teachers you have.”

Contacted Wednesday, State Sen. Dan Innis, R-Bradford, a co-sponsor of HB 1300, said the sentence beginning, “These caps apply only to administrative operations…,” did not pertain to the entire ballot question but only to the part concerning school administrative unit central offices.

But he wasn’t 100% sure.

“Let me check with the Senate attorney to make sure I’m interpreting that correctly,” he said, before calling back to say his initial impression was correct.

Lawsuits have arisen across the country regarding statewide questions that are alleged to be unclear or confusing.

Terri Donovan, an attorney for AFT-NH, declined to comment Wednesday when asked whether opponents of the ballot question are considering challenging it in court.

Ayotte signed Republican-backed HB 1300 on July 15.

“New Hampshire is at its best when we’re putting decision-making power in the hands of the people,” she said in a news release at the time. “This bill gives voters a say about their local property taxes and ensures Granite Staters’ voices are heard.”

Sarah Scott, deputy state director for Americans For Prosperity-NH, praised the governor’s action in another news release.

“By signing HB 1300, Governor Ayotte is putting the power back where it belongs — with the people. This law gives Granite Staters a direct say over school property tax growth and ensures education dollars are spent in the classroom, not on administrative overhead. AFP-NH fought hard for this commonsense reform, and today it pays off.”

Backers of the bill noted that school spending decisions typically get made at low-turnout local elections. They said the bill will afford the opportunity to decide these matters at general elections, where turnout is usually much higher.

Opponents of the measure say it will send school funding decision-making into chaos because budgets are typically drawn up well ahead of November general elections.

They also said it will do nothing to cure educational inequities and high property tax rates arising from what courts have determined is the state’s failure to meet its constitutional requirement to provide adequate funding for public education.

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