By PAULA TRACY, InDepthNH.org
CONCORD — Republican senators passed what Democrats call a “book ban” bill and another that requires teachers to notify parents within 10 days upon written questions about their child’s behavior and activities in school.
Both Senate Bill 430 and Senate Bill 434 respectively passed Thursday on a vote of 16-8 with no support from Democrats and will now go to the Republican-controlled House for consideration.
Sen. Daryl Abbas, R-Salem, said Senate Bill 434 would not allow a parent to decide whether a book should be in the school library or not, but it sets up a uniformed, statewide process to ask superintendents to decide if material is appropriate. It also allows parents to appeal any decision to the school board.
While some districts already have their own processes, Abbas said the measure would provide more clarity and uniformity.
However, Sen. Debra Altschiller, D-Stratham, said the bill “flagrantly” violates the First Amendment and is too vague.
“What is age appropriate?” she asked, noting it can vary from family to family, and what happens if more than one book is challenged?
Altschiller said it could be time consuming and redirect the focus from student learning.
“No parents are banning any books,” Abbas said.
Sen. Victoria Sullivan, R-Manchester, asked what prevents a parent from ordering removed books online.
Sen. Tim Lang, R-Sanbornton, said the bill would leave it up to academic professionals to decide, while also allowing for an appeal process.
Sen. Donovan Fenton, D-Keene, asked Altschiller if parents can already go into the library and review all material, and she said, “yes.”
Several amendments were offered by Democrats but they were all rejected by the majority on a voice vote.
Sen. Susan Prentiss, D-Lebanon, said policies are already in place in many schools, and as a parent “I shouldn’t be dictating for everybody.”
This bill’s passage comes just months after Gov. Kelly Ayotte vetoed House Bill 324, which was sustained in the House by a vote of 183-167.
In her veto message, Ayotte stated: “the state of New Hampshire should not engage in the role of addressing questions of literary value and appropriateness,” and cited the risks of “subjective standards” and “extensive civil action … from out-of-state groups,” underscoring the practical and constitutional dangers posed by the bill.
The Freedom to Read Coalition issued a statement calling this “another book ban bill that would jeopardize students’ access to books, performances, and other school materials based on the personal politics or beliefs of one person.”
“SB 434 takes power away from our local school districts, which already have policies in place to address challenges to materials in school classrooms and libraries. By leaving decisions about literary value in the hands of a single individual, the bill excludes other voices that deserve a place at the table, like those of teachers, librarians, and other parents and kids from the community. “
“It’s a particularly egregious move in an era where the Legislature continues to neglect its constitutional duty to adequately fund public education, throwing more of the burden on local taxpayers while taking away their say over school policies,” said Jacquelyn Benson, NH Regional Leader of Authors Against Book Bans.
Black Lives Matter New Hampshire also voiced opposition to Senate Bill 434.
“This legislation … moves us backward instead of addressing the real challenges within our schools,” said Tanisha Johnson, BLM NH executive director. “Rather than solving real issues facing New Hampshire schools – such as inequitable discipline, achievement gaps and lack of culturally relevant support – SB 434 doubles down on politics that divide us and harm our youngest learners.”
Megan Tuttle, president of NEA-New Hampshire, added, “SB 434 is yet another attempt to ban books and silence classroom conversations based on the political agenda of a vocal minority – despite clear voter opposition and a gubernatorial veto of similar legislation just last year.”
Deb Howes, president of American Federation of Teachers NH, said: “The NH Senate let down our public school students once again today. SB 434 turns our school libraries into hot spots of censorship and puts students on the losing end.
“When books and classroom materials can be removed for being ‘offensive’ to a single person – with no definition at all – we’re not protecting kids, we’re starving them of the diverse ideas that build strong readers and critical thinkers. New Hampshire students deserve open shelves, not political gatekeeping.”
MacKenzie Nicholson, senior director of MomsRising in New Hampshire, said in a statement: “New Hampshire moms are exhausted and book ban bills that no one is asking for aren’t helping. Families want strong public schools, child care and housing we can afford. We want to raise strong learners and readers.
“You can’t praise kids for checking out library books and ‘reading for fun’ and then make it easier to pull books off the shelves when one person doesn’t like them. The House should end this when it gets to them so we can finally be done with these book ban attempts and get back to helping kids learn.”
Sen. Ruth Ward, R-Stoddard, released the following statement: “SB?434 empowers parents by giving them a process, a clear and transparent path to guide them when raising concerns about school materials, reaffirming that strong collaboration between families and schools is essential to putting students’ best interests first. Republicans will continue to stand with parents.”
Teacher Notification
Another education-related bill, Senate Bill 430 sailed through despite Democratic opposition.
The measure would set up a process for parents to have a written request for information about their child be addressed by their teacher within 10 days and make teachers liable for civil penalties.
Altschiller said it would be creating a “nanny state” and potentially dragging down teachers in daily paperwork for questions, such as is a child eating the lunch he or she brings and whether they are acting in a role that is not the same as their gender.
Sen. Victoria Sullivan, R-Bedford, said the bill holds schools accountable and represents what Republicans stand for: transparency.
Democrats, she said in a statement, they “weaken the family for political gain.”