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1 The State and Its Government; Prohibition on Diversity, Equity, and Inclusion; Definitions. Amend RSA 21-I:112, II to read as follows:
II. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.
2 The State and Its Government; Department of Administrative Services; Prohibition on DEI-Related Contract Provisions. Amend RSA 21-I:114 to read as follows:
21-I:114 Prohibition on DEI-Related Contract Provisions.
No agencies or political subdivisions shall enter into or renew any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations.
3 Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Definitions. Amend RSA 186:71, I to read as follows:
I. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law.
4 New Paragraphs; Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Interpretation and Compliance. Amend RSA 186:77 by inserting after paragraph II the following new paragraphs:
III. A violation of this subdivision shall also be considered a violation of the educator code of conduct meriting disciplinary sanctions by the state board of education.
IV. Any contract made in violation of this subdivision shall be void as a matter of law. A court of competent jurisdiction shall order the full rescission of a contract in violation of this subdivision.
V. Taxpayers residing within a school district or school administrative unit shall be entitled to bring causes of action against any public school, school district, or school administrative unit that has violated any part of this subdivision. Any taxpayer that can demonstrate such school, school district, or school administrative unit has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit.
VI. The department of education shall be required to conduct good-faith investigations of a facially credible report of violations of this subdivision by any citizen residing within the school district or school administrative unit. Any taxpayer that can demonstrate that the department has engaged in a sustained pattern of categorically declining to investigate credible reports of violations of this subdivision shall be empowered to bring a cause of action against the department in superior court, and shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees, regardless of whether the taxpayer has brought any action against the department under paragraphs IV or V.
5 Effective Date. This act shall take effect 30 days after its passage.
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1 The State and Its Government; Prohibition on Diversity, Equity, and Inclusion; Definitions. Amend RSA 21-I:112, II to read as follows:
II. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law. DEI shall not include activities of registered student organizations, mental or physical health services by licensed professionals, bona fide qualifications based on sex, or any attempt to comply in good faith with the Americans with Disabilities Act.
2 The State and Its Government; Department of Administrative Services; Prohibition on DEI-Related Contract Provisions. Amend RSA 21-I:114 to read as follows:
21-I:114 Prohibition on DEI-Related Contract Provisions.
I. No agencies or political subdivisions shall enter into or renew any contract that includes DEI-related provisions, including requirements for contractors to implement DEI programs, conduct DEI training, or comply with DEI-related reporting obligations.
II. Any contract made in violation of this subdivision shall be void as a matter of law. A court of competent jurisdiction shall order the full rescission of a contract in violation of this subdivision.
III. Any taxpayer shall be entitled to bring a cause of action against any public entity, state agency, or political subdivision that has violated any part of this subdivision. Any taxpayer that can demonstrate such public entity, state agency, or political subdivision has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit.
3 Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Definitions. Amend RSA 186:71, I to read as follows:
I. "Diversity, equity, and inclusion" or "DEI" shall mean any program, policy, training, or initiative that classifies individuals based on a characteristic identified under RSA 354-A:1 for the purpose of achieving demographic outcomes, rather than treating individuals equally under the law. DEI shall not include activities of registered student organizations, mental or physical health services by licensed professionals, bona fide qualifications based on sex, or any attempt to comply in good faith with the Americans with Disabilities Act.
4 New Paragraphs; Education; Prohibition on Diversity, Equity, and Inclusion in Public Schools; Interpretation and Compliance. Amend RSA 186:77 by inserting after paragraph II the following new paragraphs:
III. A violation of this subdivision shall also be considered a violation of the educator code of conduct meriting disciplinary sanctions by the state board of education.
IV. Any contract made in violation of this subdivision shall be void as a matter of law. A court of competent jurisdiction shall order the full rescission of a contract in violation of this subdivision.
V. Taxpayers residing within a school district or school administrative unit shall be entitled to bring causes of action against any public school, school district, or school administrative unit that has violated any part of this subdivision. Any taxpayer that can demonstrate such school, school district, or school administrative unit has violated any provision of this subdivision shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees in any action brought against such district or administrative unit.
VI. The department of education shall be required to conduct good-faith investigations of a facially credible report of violations of this subdivision by any citizen residing within the school district or school administrative unit. Any taxpayer that can demonstrate that the department has engaged in a sustained pattern of categorically declining to investigate credible reports of violations of this subdivision shall be empowered to bring a cause of action against the department in superior court, and shall be entitled to declaratory relief, injunctive relief, and reasonable attorney's fees, regardless of whether the taxpayer has brought any action against the department under paragraphs IV or V.
5 Effective Date. This act shall take effect 30 days after its passage.