Proposed legislation would repeal a Republican-backed state law restricting what public school teachers can legally say to their students about discrimination.
A federal judge ruled on May 28 that the 2021 statute is unconstitutionally vague and violates free speech guarantees, but the N.H. Attorney General’s Office is appealing.
N.H. Rep. Nicholas Germana, D-Keene, is a co-sponsor of a Legislative Service Request, a precursor to actual legislation, that would strike what some have referred to as the “divisive-concepts law.”
It prohibits teachers from telling students that one individual’s race is superior to others or that any person is inherently racist.
New Hampshire is one of several states that passed such laws in the wake of conservative opposition to critical race theory, a college-level academic concept that racism is embedded in American institutions and society.
Backers of the statute say it is a proper anti-discrimination measure that doesn’t block teaching, but does limit preaching about discrimination.
Opponents of the law say critical race theory is not taught in high school anyway but that the statute serves to chill classroom discussions and puts teachers in the impossible position of trying to teach history, social studies and other topics without running afoul of vague provisions and possibly losing their teaching license.
Germana, a Keene State College history professor, said he knows of one case investigated under the law and no teacher has lost their license, showing the statute seeks to remedy a problem that doesn’t exist.
“The law is a political statement, it is performance politics on a culture war issue, but there’s no question that it has a chilling effect,” he said. “Teachers always have to ask themselves if they can teach real aspects of American history and how that’s going to be received by students and parents.”
Such laws also harm the state’s efforts to retain and recruit public school teachers, he said.
Peter Petrigno, D-Milford, is the prime sponsor of the LSR to repeal the law. He is a retired Merrimack High School social studies teacher who was named New Hampshire’s teacher of the year in 2000. He said the law is based on a false belief that teachers are trying to indoctrinate students.
“That’s a lot of nonsense — more political than substance,” Petrigno said. “I find it really offensive and problematic. If I was in the classroom today, how could I talk about the Civil War, slavery, civil rights and make parallels to what is going on in society today?
“Because that is the key. We do have white supremacists. We do have neo-Nazis, the Proud Boys. We have these really extreme organizations.”
A 2023 repeal attempt, House Bill 61, failed in the N.H. Legislature.
House Majority Leader Jason Osborne, R-Auburn, and Deputy Majority Leader Jim Kofalt, R-Wilton, released a statement at the time against the bill.
“It’s appalling to see that Democrats in our state are attempting to repeal our anti-discrimination statute,” they said.
“At today’s hearing, supporters of the HB 61 repeal called for mutual respect, fairness, and a society that is fully open to participation by everyone. We agree 100%. Unfortunately, repealing our anti-discrimination law would have precisely the opposite effect.”
They also said the law doesn’t prohibit teaching about racism that has occurred throughout history.
“What it does prohibit is teaching children that some of them are inherently racist based on their skin color, sex, race, creed, etc. Is that not what Dr. Martin Luther King, Jr. called for when he said, ‘I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character?’ ”
The opening day of the next legislative session will be on Jan. 8.
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