This bill amends the existing law regarding the prohibition on teaching discrimination in public schools by introducing a requirement for a specific mental state—intentionally or knowingly—to be established for violations. The introductory paragraph of RSA 193:40, I is revised to reflect this change. Additionally, the sections II-V of RSA 193:40 are repealed and reenacted to clarify that discussions of historical discrimination are permissible within an academic context, and that the prohibitions specifically target teaching that discriminates against any racial group, including white, black, and Hispanic or Latino individuals. Furthermore, the bill establishes that intentional or knowing violations by educators may lead to investigations and potential disciplinary actions by the state board of education. It allows individuals, including the attorney general, to initiate civil actions against schools or districts for violations, and emphasizes that discrimination cannot be justified by special considerations for any racial group, aiming to protect all citizens equally. The bill is set to take effect upon passage, and while the fiscal impact is indeterminable, it is expected to reduce the number of cases pursued under the current law due to the new mental state requirement.

Statutes affected:
Introduced: 193:40