This bill amends the existing prohibition on teaching discrimination by introducing the requirement of a mental state, or mens rea, as an element of the offense. Specifically, it modifies the introductory paragraph of RSA 193:40, I to state that no pupil in any public school shall be "intentionally or knowingly" taught or compelled to express belief in or support for certain discriminatory concepts. This change aims to clarify the intent behind the actions that would constitute a violation of the law.
The fiscal impact of this bill is indeterminable, but it is anticipated that the requirement for a mental state may reduce the number of cases pursued under the current law, potentially lessening any fiscal impacts associated with enforcement. The Department of Education has indicated that this change could lead to fewer cases, while the Department of Justice has stated that the bill will not affect its budget. The act is set to take effect 60 days after its passage.
Statutes affected: Introduced: 193:40