Revision: May 13, 2026, 9:09 a.m.
Rep. Belcher, Carr. 4
Rep. Tenczar, Hills. 1
May 13, 2026
2026-1921h
12/09
Floor Amendment to SB 431
Amend the title of the bill by replacing it with the following:
AN ACT modifying the prohibition on teaching discrimination.
Amend the bill by replacing all after the enacting clause with the following:
1 Statement of Findings and Purpose. The general court finds that the primary purpose of public education is to prepare pupils for productive citizenship under the constitutional order of the United States and New Hampshire. Instruction shall foster factual, objective understanding of the founding principles of individual liberty, that all persons are created equal in dignity, equality before the law, constitutional rights, and republican self-government, while cultivating a patriotic disposition toward the constitutional republic. This section shall not be construed to require or permit any teaching that all persons are equal in all respects or outcomes, nor to compel ethical or religious formation beyond the civic virtues inherent in the founding documents, nor to impose partisan political loyalties of any kind. Nothing in this section shall discourage warranted distinctions based on conduct or choices that may legitimately affect the dignity or respect accorded to those actions.
2 Prohibition on Teaching Discrimination; Modified. RSA 193:40 is repealed and reenacted to read as follows:
193:40 Prohibition on Teaching Discrimination.
I. For the purposes of this section:
(a) “Compelled” means any requirement that a pupil affirm, adopt, or publicly express a belief as a condition of academic credit, participation, or avoidance of penalty, including through social call-out or ostracization.
(b) “Oppressor or oppressed class” means any framework that assigns individuals to such classes due to historic realities or narratives regarding group identities.
II. No pupil in any public school in this state shall be taught, instructed, inculcated, or compelled to express belief in, or support for, any one or more of the following concepts:
(a) That, on the basis of sex, race, color, mental or physical disability, or national origin, any individual or group should be subjected to unwarranted discrimination or is not created equal in dignity or equal before the law;
(b) That an individual, by virtue of his or her sex, race, color, mental or physical disability, or national origin, is part of an oppressor or oppressed class due to historic realities or narratives regarding group identities;
(c) That an individual should receive adverse treatment or preferential treatment solely or partly because of his or her sex, race, color, mental or physical disability, or national origin; or
(d) That people of one sex, race, color, mental or physical disability, or national origin cannot or should not attempt to treat others without regard to those characteristics, or that treatment of others may be adversely informed by any such characteristic.
III.(a) Nothing in this section shall be construed to compel any pupil to affirm, adopt, or express belief in any particular view regarding gender identity, sexual orientation, or sexuality. Pupils retain their full First Amendment rights to reject the use of any preferred pronoun, to decline participation in any identity-affirmation exercise, and to dissent from any ideological framework concerning sexuality or gender without academic penalty or retaliation. Schools retain full authority to enforce reasonable time, place, and manner restrictions on speech and to prohibit bullying, harassment, or disruption of the learning environment, including conduct based on any protected characteristic.
(b) Nothing in this section shall be construed to prohibit the objective, factual discussion of historical events, current events, or competing philosophical viewpoints when presented without requiring pupil assent, endorsement, or personal affirmation. This section shall not limit a school’s authority to maintain order, discipline, and a learning environment free from bullying or harassment.
IV. Any violation of this section by an educator shall constitute a violation of the educator code of conduct and shall subject the educator to disciplinary sanction by the state board of education. For a first violation, the only permissible sanction shall be a written warning and a required remediation plan. Subsequent violations may result in additional sanctions up to and including revocation of certification.
V. Any parent or guardian of a pupil enrolled in a public school, or any pupil who has reached the age of majority, aggrieved by a violation of this section may bring a civil action in superior court solely against the school district or employing agency. The court may award compensatory damages not to exceed $10,000 per violation, plus reasonable attorney’s fees and costs. No individual educator shall be personally liable for damages under this section. This remedy is in addition to, and does not limit, any administrative remedies.
3 Effective Date. This act shall take effect 60 days after its passage.
2026-1921h
AMENDED ANALYSIS
This bill modifies the prohibition on teaching discrimination in public schools by adding that teaching that a pupil is a member of an oppressor or oppressed class is prohibited. This bill also establishes for parents or guardians of pupils or a pupil who has reached the age of majority a right to bring civil action against a school district where a pupil was aggrieved by their district's violation of the prohibition on teaching discrimination.