Concord, N.H. — A coalition of educators and advocacy groups has filed a federal lawsuit against New Hampshire, contesting a new law that they claim undermines diversity, equity, and inclusion efforts across the state’s educational institutions. The law, signed by Governor Chris Sununu and effective July 1, 2025, bans programs focusing on these principles in K-12 public schools, as well as in public and private colleges and universities.
Critics argue that the legislation contravenes federal civil rights protections, particularly those safeguarding the rights of students with disabilities, while also violating First Amendment rights. The vague language in the law is said to further complicate compliance, raising concerns among educators and administrators.
Megan Tuttle, president of the National Education Association-New Hampshire, emphasized that all students deserve access to high-quality education and supportive learning environments. She expressed worries that the law could inhibit educators’ ability to effectively teach and support students, especially those requiring special education services.
The lawsuit is led by NEA-NH, along with several school districts and individuals who specialize in diversity and inclusion. Their legal representation includes the ACLU of New Hampshire and GLAD Law. Devon Chaffee, executive director of the ACLU of New Hampshire, criticized the law for potentially jeopardizing essential funding for schools that do not conform to its stipulations.
Superintendents from various school districts voiced their objections, arguing that the law curtails efforts to promote equity and inclusivity within public education. John Shea, Superintendent of the Somersworth School District, reiterated the importance of diversity and equitable opportunities, noting these are fundamental aspects of education that cannot simply be legislated away.
The law threatens to withhold over $1 billion in annual state aid from public schools if districts fail to adhere to its mandates. Educators fear the lack of clarity surrounding the law will result in hesitance to engage in meaningful discussions on diversity and inclusion, potentially harming all students, particularly those from marginalized communities.
Concerns extend to the potential negative effects on programs supporting LGBTQ+ students and students with disabilities. Advocates argue that the law undermines critical services and resources necessary for these populations to thrive. Dottie Morris, a psychology professor involved in the lawsuit, highlighted that the law creates a chilling effect that could prevent educators from addressing the diverse needs of their students adequately.
Meanwhile, disability rights organizations have voiced alarm regarding how the law could interfere with mandated demographic data collection essential for meeting students’ needs. Zoe Brennan-Krohn, director of the ACLU Disability Rights Program, stated that federal laws requiring public schools to identify students with disabilities cannot be overridden by state legislation.
The legal challenge adds to a growing list of lawsuits against similar legislation in New Hampshire. Advocates hope this case will compel the state to reconsider its approach to diversity and inclusion in education, arguing that such efforts benefit all students by fostering understanding and respect among diverse populations.
In the wake of these developments, New Hampshire continues to navigate a contentious political landscape surrounding educational equity. Critics of the law maintain it poses significant risks to fundamental rights and educational integrity, which are critical to the state’s future.
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