This bill amends the existing prohibition on teaching discrimination in public schools by introducing specific mental state requirements for violations. The introductory paragraph of RSA 193:40, I is revised to state that no pupil shall be "intentionally or knowingly" taught to express belief in or support for discrimination. Additionally, the sections II-V of RSA 193:40 are repealed and reenacted to clarify that while teaching about historical discrimination is permissible, educators are prohibited from targeting any racial group with discriminatory teachings. The bill also establishes that intentional or knowing violations by educators may lead to investigations and potential disciplinary actions, and allows individuals, including the attorney general, to initiate civil actions against schools for such violations.

Furthermore, the bill emphasizes that discrimination cannot be justified by special considerations for any racial group, aiming to protect all New Hampshire citizens equally from discrimination. The definition of "educator" is expanded to include all professional employees requiring state certification, such as administrators and specialists. The bill is set to take effect upon passage, and while the fiscal impact is indeterminable, it is suggested that the requirement for a mental state may reduce the number of cases pursued under the current law, potentially lessening fiscal impacts.

Statutes affected:
Introduced: 193:40