This bill establishes a framework to prohibit the distribution of obscene or harmful materials to minors in educational settings, specifically targeting schools and school districts. It amends RSA 650:4, I by inserting the term "higher" before "educational" to clarify the types of institutions that may possess obscene material under certain justifiable circumstances. Additionally, it introduces a new subdivision under RSA 189, RSA 189:79, which defines key terms such as "educator," "material," "nudity," and "sexual conduct," while outlining criteria for determining harmful materials. The bill mandates that no school or school district may provide harmful material to students and establishes a complaint process for parents or guardians to report such materials.

To ensure compliance, the bill requires local school boards to adopt procedures for addressing complaints regarding harmful materials by November 1, 2026, including timelines for investigation and notification to parents. It allows for civil actions against schools for non-compliance, with potential damages of at least $1,000 per violation and recovery of legal costs for successful petitioners. Furthermore, educators found in violation of the provisions may face disciplinary actions under the educator code of conduct. The act is set to take effect on January 1, 2026, and while the fiscal impact is indeterminable, it is expected to increase demands and litigation costs for the Department of Justice and may vary significantly across local school districts.

Statutes affected:
Introduced: 650:4
Version adopted by both bodies: 650:4