By GARRY RAYNO, InDepthNH.org

CONCORD — The House killed an attempt to revive and revise the state’s divisive concepts law that a federal district court judge ruled unconstitutional.

Meeting Thursday to set up conference committees to resolve the differences in House and Senate versions of bills, the House also approved and sent to the governor bills that would eliminate a number of requirements for homeschooling programs, eliminate school district contingency or rainy day funds, establish a committee to study making all public schools charter schools, give the state school board final authority over manifest hardship cases and have the state join the new federal scholarship or voucher program.

Divisive Concepts

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.

Manifest Hardship

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.

Contingency Funds

The House approved the Senate changes to House Bill 1610, which would require all school district general fund surplus to be used to lower the district’s property tax rate.

The original House bill allowed school districts to retain the money in a contingency fund, but required a separate warrant article vote at the annual district meeting, while the Senate bill said all the money had to be applied against the property tax rate.

Rep. David Luneau, D-Hopkinton, said every school district in the state reserves some or all of their surpluses in general funds to use as a rainy day fund to avoid property tax rate volatility from year to year just as counties and cities and towns do.

He said rating agencies like to see contingency funds because it shows good fiscal health.

Luneau said his community’s school board decided to use some of its contingency funds to remedy safety and security deficiencies instead of adding that to property taxes.

Rep. Rick Ladd, R-Haverhill, said the bill rescinds all authority to use unassigned general fund balances as school districts are constantly doing.

“If they need a capital reserve fund, there is a budgetary process for that,” Ladd said. The surplus funds should be applied to the tax rate, he said.

“In schools today, the demographic is going down and budgets are going up,” Ladd said, “and this is one way to bring reasonableness to the whole budget process.”
He said school budgets are unsustainable.

The House agreed to the Senate changes on a 186-163 vote, sending the bill to the governor.

Homeschooling

House Bill 1268 overhauls the state’s homeschooling laws and requirements mostly by eliminating many of the current obligations.

Supporters said the changes would make New Hampshire one of the least regulated homeschooling states in the country, but opponents said that does not mean it is one of the best in the country.

Noble, the prime sponsor of the bill, said it replaces outdated frameworks and allows parents to exercise their natural right to direct their child’s education without government interference.

She said under the bill, homeschooling will be based on trust and flexibility for parents and their children.

But Rep. Muriel Hall, D-Bow, said the current program is reasonable and appropriate and does not need modification.

She noted the bill eliminates any requirement for parents to inform the school or the district if they are withdrawing their child from the public school to commence a homeschooling program.

She said it also makes testing to assess student progress optional, so there is no way to determine how well a child is doing.

Under the bill, Hall said, failure to provide a child an education is no longer considered neglect and could not be the sole source for a report of child abuse or neglect.

The House approved the Senate changes on a 178-170 vote, sending the bill to the governor.

Charter School Transition

Under House Bill 1358, a committee would be established to study transitioning all public schools to charter schools. Charter schools are public schools, but they are not required to follow all the standards and guidelines that traditional public schools do. They also do not receive local aid to operate, instead depending on state aid, which is more than double what public schools receive per pupil, and tuition from parents or guardians.

Noble noted charter schools do not use local property taxes for funding, which Noble said would lower property taxes if the state moves forward with the transition.

But Megan Murray, D-Amherst, noted that charter schools are vastly different from public schools with no oversight in any way, shape or form.

The Senate changes were approved on a 184-164 vote, and the bill goes to the governor.

House Majority Leader Jason Osborne, R-Auburn, is the prime sponsor of the bill, which received almost no support at its public hearing in the House. The electronic system showed 1,026 people opposed the bill and 17 supported it.

The Senate on Thursday concurred with HB 430 requiring mandatory disclosure by the school district about their children to parents and guardians and HB 434 regulating public school material, both along party lines.

“Let’s be honest about what this bill actually does,” said Sen. Debra Altschiller, D-Stratham, in opposition to HB 430.

The bill requires every school district and teacher, coach, councilor and aide to reply to questions from parents and legal guardians about their children in writing within 10 business days, Altschiller said. That could include everything from what pronouns their children use, who they sit with at lunch and what books they are seen reading. And the questions can be posed every day, she said, adding one group is already telling parents how to sue their districts.

Sen. Suzanne Prentiss, D-West Lebanon, opposed HB 434 saying it wasn’t about encouraging parental involvement.

Parents should absolutely have a voice in their children’s education and they already do through their local school boards when dealing with concerns over instructional material, library books and curriculum content, she said.

“This is a new layer of state mandated bureaucracy and public controversy around our schools,” Prentiss said.

Also the Senate voted to not agree to a Committee of Conference on HB 1793 for guns on campus.

“Firearms have no place in educational settings, and we’re so pleased that our Senators made the choice to keep our colleges safe. Law enforcement, faculty, staff, and students stood united on this issue and our lawmakers heard our message: guns do not belong on campus, not now or ever,” UNH Hub Coordinators at NH Youth Movement.

Durham Town Manager Todd Selig said: “Guns do not make college campuses safer. They make already complex environments more dangerous.

“The Senate made the right call today, and Durham is grateful. There are moments when the best thing a legislature can do is hold the line. This was one of them. A campus where everyone may be armed is not a safer campus – it is a more unpredictable one, and the consequences of getting that wrong can be irreversible,” Selig said.

Garry Rayno may be reached at garry.rayno@yahoo.com.