By GARRY RAYNO,
and PAULA TRACY
CONCORD – Two identical parental rights bills are headed to the governor for her expected signature after votes in the House and Senate Thursday.
Republicans finally got the measure over the threshold after four years of trying but Democrats were opposed and outnumbered.
Both bills, if signed into law, will require mandatory disclosure by educators.
House Bill 10 and Senate Bill 72 would also require school boards to establish a policy to promote parental involvement, to provide notice of their parental rights, and to provide a private right of action for enforcement.
Supporters said parents have a fundamental right to raise their children as they see fit, and schools should not infringe on those rights or keep information from parents.
Rep. Debra DeSimone, R-Atkinson, said “most parents are way more trustworthy than teachers like Pam Smart,” who was recently denied a pardon hearing by Gov. Kelly Ayotte for her conviction for her involvement in her husband’s murder by several high school students. (Smart was not a teacher, but rather a school media coordinator.)
But opponents of the bill said parents already have ample rights such as school choice, complying with vaccination requirements, opting out of lessons such as sex education and non-academic testing.
Opponents also said the bill sets the highest bar possible for schools to report child abuse to the state, which will result in more children becoming victims of abuse and harm the trust educators have built with children.
Alicia Gregg, D-Nashua, said good parents do not need this bill, because while it seeks to encourage parental engagement it really is about domination and taking away the children’s rights.
“This bill will not protect children, it will protect those who harm them. It will help turn our state into a sanctuary for abuse and it will come at the cost of a child’s right to safety and to self and to speak,” Gregg said. “This is not a parental bill of rights, it is a legal blueprint for domination over children. It is a constitutional threat disguised as family policy.”
She said lawmakers are not here to affirm ideology but to defend liberty including children’s.
“Vote no on taking rights away from New Hampshire children,” Gregg said.
But Rep. Jim Kofalt, R-Wilton, argued that parents should be a child’s most trusted adult because no one cares more about their child than they do.
Yet some would curtail their rights and keep them in the dark about their children because there are some bad actors, he said.
“Every family has its challenges and some difficult conversations, but keeping them in the dark is not an answer to that problem,” Kofalt said. “Government does not raise children, parents do.”
Under SB 72, which passed on a 214-167 vote, parents would have the opportunity to object to material taught in school based on sex, religion, morality or if the parent believes “that such materials are harmful.”
Opponents said such a provision would mean schools would no longer be able to call the state Division for Children, Youth and Families if they suspect a child is being abused and comes to school frequently with bruises.
But supporters argued the bill does not change anything currently in place, that educators would remain mandatory reporters of abuse.
Kofalt noted a case involving the Manchester School District was decided by the courts in the district’s favor because the court used the least restrictive review because the legislature and governor did not tell them to use a higher standard.
A process is in place to protect a child from abuse, he noted, and the bill does nothing to undermine that procedure.
“The government’s strong commitment to parental rights has been a long time coming,” Kofalt said. “It is time to deliver on our promises to Granite Staters.”
House Republicans praised the passage.
House Children and Family Law Committee Chairwoman Deb DeSimone, R-Atkinson, released the following statement after the vote:
“I am proud to stand with my Republican colleagues to deliver this win and keep our promise to Granite State families. Gone are the days of parents being purposefully and vindictively kept in the dark and lied to when they inquire and voice their concerns about their children. HB 10 affirms that parents have a voice and the ultimate say in their children’s education, cementing that parents and teachers are partners in education.”
DeSimone concluded, “I would like to thank Speaker Packard, my Republican colleagues in the House and our partners in the Senate for their support. I am looking forward to joining Governor Ayotte when she signs HB 10 into law.”
In the Senate the matter was briefly debated.
Sen. Regina Birdsell, R-Hampstead, offered an amendment related to the health care aspects of the bill.
It was a replace all amendment for that section. The House concurred in a matter of minutes.
Sen. Rebecca Perkins Kwoka, D-Portsmouth, opposed the bill while noting that the Democratic caucus was happy with the amendment “concern still remains” with the importance of protecting children who are at risk at home from disclosure of information.
If signed, the bill becomes law July 1, 2025.
Planned Parenthood of Northern New England said the provisions ban confidential birth control for teens.
Kayla Montgomery, Vice President of Public Affairs, Planned Parenthood of Northern New England and the Planned Parenthood New Hampshire Action Fund:
“Requiring sexually active teens to get parental consent for birth control doesn’t prevent young people from having sex, it prevents them from having safer sex and using effective methods to prevent pregnancy. Today a majority of lawmakers in both chambers and both sides of the aisle voted to ensure New Hampshire’s young people seeking to prevent pregnancy can still get the care they need when they need it. This is an important victory for the health and safety of Granite Staters, and we’re grateful that so many advocates and health care providers spoke up to help defeat this measure.”
A copy of Senate Bill 72, as amended is here https://gc.nh.gov/bill_status/billinfo.aspx?id=1102&inflect=2
Garry Rayno may be reached at garry.rayno@yahoo.com.
A copy of HB 10 as amended by both chambers and concurred is here https://gc.nh.gov/bill_status/billinfo.aspx?id=49&inflect=2