relative to the prohibition on teaching discrimination.
What changed between versions
The bill's scope was dramatically narrowed. The original prohibited a wide range of specific teaching approaches (critical race theory, LGBTQ+ ideology, culturally relevant pedagogy, dialectical analysis, intersectionality frameworks). The amended version only prohibits purposefully teaching that one identity group is inherently superior to another, that individuals are inherently racist/sexist/oppressive by virtue of their identity, or that people should be discriminated against based on protected characteristics.
The entire 'Statement of Findings' section (8 findings) was removed. These findings had provided ideological justification for the bill, naming specific scholars (Paulo Freire, Gloria Ladson-Billings, Kimberlé Crenshaw), frameworks (intersectionality, critical pedagogy, Marxist dialectics), and characterizing public education employment as a 'privilege' rather than a right.
An explicit carve-out was added stating that discussing the historical existence of the prohibited ideas as part of a larger course of academic instruction is not prohibited. This protects teachers who want to teach about these movements in a historical or academic context.
A 'purposeful' mental state requirement was added. An educator's conduct only constitutes a violation if they acted purposefully (intentionally), meaning accidental or incidental references to these ideas would not trigger the prohibition.
The private right of action for parents and students to bring civil lawsuits against schools or school districts was completely removed. The ability to pursue remedies through the New Hampshire Commission for Human Rights was also eliminated.
Enforcement was shifted from civil litigation to internal educator discipline. A purposeful violation is now treated as a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education, rather than a basis for private lawsuits.
The definition of 'educator' was narrowed to certified professional employees of school districts (administrators, specialists, and teachers) whose positions require state board certification under RSA 189:39. The original applied more broadly to any 'public employee acting in an official capacity.'
