CONCORD — Gov. Chris Sununu signed a bill to create state-level anti-discrimination protections in public schools Thursday, a sweeping change that would allow anti-discrimination lawsuits against school districts in New Hampshire courts.
The legislation, SB 263, will allow any student “excluded from participation in, (or) denied the benefits of” public school to press for legal action and relief in a state superior court.
That includes any discrimination on the basis of age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion or national origin, the law states.
“SB 263 continues our work to ensure that New Hampshire is a place where every person, regardless of their background, has an equal and full opportunity to pursue their dreams and to make a better life for themselves and their families,” Sununu said.
The new law adds state-level protections that effectively back up existing protections in federal law under Title IX.
Presently, students and families may sue in federal court for alleged violations of that federal law by public schools; by codifying into state law, the same actions can be taken in state court.
But the federal Title IX law does not include protections for gender identity or sexual orientation, after the Trump administration reversed an Obama-era executive order to create them.
However, the new state law creates includes those protections.
The law also directs school districts to create new policies on how to head off discrimination in schools, and how to address incidents that occur.
Critics had said that it would invite a flood of lawsuits and that the language around what constitutes discrimination is not adequately defined.
But supporters argued the law would jumpstart needed reforms within public schools and provide support to students who previously have had no state remedies.
The new law goes into effect on Sept. 18.