House approves conflicting bills regarding access to school materials
Mar. 14—CONCORD — Within a short period of time Thursday, the New Hampshire House of Representatives narrowly passed bills to promote free access to education materials and then to give parents the right to block any instruction for their children about sexual orientation, gender and gender identity.
House Democrats celebrated a rare, narrow win with passage of legislation (HB 1311) that would compel all school districts to develop policies that prevent discrimination in the decision to restrict access to materials from school libraries.
"This Students' Freedom to Read bill is common sense, bipartisan legislation which helps us prevent discrimination, preserves local control, and guarantees concerned parents and guardians due process," said state Rep. Linda Tanner, D-Sunapee.
Rep. Arlene Quaratiello, R-Atkinson, said it would lead to an "anything goes" policy of permissiveness even after a parent raised an objection or "reconsideration" request to remove material considered to be obscene or otherwise objectionable.
"In essence, this bill would make it impossible to have any library material removed after a parent or guardian placed a reconsideration request because it mandates that the selection or removal of materials cannot be based on the authors' or characters' "age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin or sexual orientation," she said.
The House passed the bill, 194-180, after 11 House Republicans joined with all 179 Democrats and an independent in support.
In the very next debate, however, the House passed, 186-185, a bill (HB 1312) to expand parental notification requirements that now exist regarding the teaching of sex education in public schools.
Currently, parents can request their children be opted out of such learning.
This bill would expand the notification and opt out right to include all curriculum about gender and sexual orientation.
"The basic intent of this section is that parents have the right to have their questions answered honestly," said Rep. Glenn Cordelli, R-Tuftonboro.
Megan Tuttle, president of the National Education Association of New Hampshire, charged the bill could have a chilling effect on LGBTQ children or any student who wants to learn about lifestyles.
"Every student deserves a safe space to learn and grow, but HB 1312 demands educators deny young people's right to live free at school," Tuttle said.
"Let's be clear — this bill will make it more difficult for educators to be that 'One Trusted Adult' as outlined in the New Hampshire Department of Education's program established to prevent bullying and mental health and substance abuse issues while promoting self-esteem, community engagement, and availability for learning."
The bill passed narrowly after only three Republicans opposed it — Reps. Joe Guthrie of Hampstead, Susan Vandecasteele of Salem and Dan Wolf of Newbury.
Both measures now head to the state Senate for their review.
