Freedom from Discrimination
It is a violation of the law to teach, train or advocate that a person, because of their membership in one or more identified group(s) is inherently 1.) racist, sexist or oppressive or 2.) superior or inferior to people of another identified group.
What are schools prohibited from teaching?
Schools are prohibited from teaching that one identified group (a group based upon: age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, or national origin) is:
- Inherently superior or inferior to people of another identified group;
- Inherently racist, sexist, or oppressive, whether consciously or unconsciously;
- Should be discriminated against or receive adverse treatment; or
- Should not treat members of other identified groups equally.
*Inherent means characteristics that are natural, biological or innate
Does this mean teachers cannot teach U.S. history?
No. Nothing prohibits the teaching of historical subjects, including slavery, treatment of Native Americans, Jim Crow Laws, segregation, treatment of women, Civil Rights Movement, etc. The law also does not prohibit discussions of current events, such as Black Lives Matter.
If a parent or student is uncomfortable with a lesson, does that mean the law has been violated?
No. The mere fact that a lesson may make students, faculty or parents uncomfortable does not mean the school has violated the law.
Can parents/guardians refuse to allow their children to participate in specific course material?
Yes. They are encouraged to follow school policies related to RSA 186:11 IX-c, dealing with objectionable education material.
Does the law apply to all school activities or just teaching?
The law applies to all activities carried out by public schools.
What remedies are available to students or parents who believe that a school has violated the law?
A student or parent who believes that they have been subjected to discrimination may file a complaint with the Commission, the NH Office of the Attorney General, or may file a civil claim in Superior Court.
Questions?
Contact the Commission
Phone: 603-271-2767
Email: humanrights@hrc.nh.gov