This bill amends the existing prohibition on teaching discrimination in public schools by introducing the requirement that any violation must be done "intentionally or knowingly." The introductory paragraph of RSA 193:40, I is revised to reflect this new mental state requirement. Additionally, the sections II-V of RSA 193:40 are repealed and reenacted to clarify that while teaching discrimination is prohibited, educators are still allowed to discuss the historical context of discriminatory ideas as part of academic instruction. The bill specifies that the prohibitions apply to teaching that targets any racial group, including white, black, and Hispanic or Latino individuals, and emphasizes that discrimination cannot be justified by special considerations for any racial group.

Furthermore, the bill establishes that intentional or knowing violations of this prohibition by educators may lead to investigations and disciplinary actions by the state board of education. It also allows individuals, including the attorney general, to initiate civil actions against schools or districts for violations. The intent of the bill is to ensure equal protection from discrimination for all New Hampshire citizens, regardless of race. The effective date of the act is upon its passage, and while the fiscal impact is indeterminable, it is expected that the requirement for a mental state may reduce the number of cases pursued under the current law.

Statutes affected:
Introduced: 193:40