CONCORD, N.H. — The House killed an attempt to revive and revise the state’s divisive concepts law that a federal district court judge ruled unconstitutional.
Originally approved as part of the state’s 2022-2023 budget package, the divisive concepts law prohibited public school educators from advocating that one race is inherently inferior, superior or discriminatory toward another, but a federal district court judge found that the law was too vague and confusing, violated free speech rights and could significantly affect educators.
The ruling is currently on appeal to the 1st U.S. Circuit Court of Appeals in Boston and a decision is expected at any time.
During the debate on House Bill 1792, also known as the CHARLIE Act, named after right-wing activist Charlie Kirk, who was assassinated last year, opponents said the bill attempts to revive the divisive concepts law, which has already been struck down because it was too vague, failed to give educators fair warning and interfered with free speech.
“The judge stated plainly (the law) sows confusion and contains significant gaps left to be filled by those who would enforce it,” said Rep. Peggy Balboni, D-Rye, adding that the revision only narrowly changes the law while leaving untouched the issues underlying the court’s ruling.
Balboni said the bill will only lead to further litigation while the original ruling is currently on appeal.
“It makes little sense for the legislature to start revising this law before the appellate court makes a decision,” Balboni said.
But Rep. Kristin Noble, R-Bedford, said the Senate replaced much of the bill the House passed, adding a “knowingly” requirement to protect educators and removing the civil remedies in the current law.
“Students should be taught about racism and discrimination,” Noble said, “not taught racism and discrimination.”
The House refused to concur with the Senate amendments on a 222-127 vote, killing the bill.
The House tabled a similar bill last week.
The House voted to go along with an amendment the Senate added to House Bill 1573 which would allow the State Board of Education to determine what school a child who is found to suffer a manifest hardship at school would be sent to while the local school district would have to pay the cost.
The bill also allows excused absences for students participating in civic engagement activities or attending career or technical education events.
Rep. Loren Selig, D-Durham, said the Senate provision would allow the state board to override local decisions and grant assignments to other public schools, public academies or private schools at local taxpayers’ expense.
The decision would be made, not by a locally elected body accountable to taxpayers, but by a politically appointed one, Selig said.
The provision weakens local control, Selig said, and increases the burden on local property taxpayers who are already under significant strain.
But Noble said there are instances where the child is being bullied and the issue drags on for months and in some cases years without being resolved.
Parents can appeal to the state board for a manifest educational hardship because someone needs to make a decision, she said.
The House agreed to the Senate change on a 186-160 vote, sending the bill to the governor.
Garry Rayno may be reached at garry.rayno@yahoo.com. This article first appeared on InDepthNH.org and is republished here under a Creative Commons license.