Perhaps it's ironic — or even prophetic — that something purporting to stop so-called "divisive concepts" would be so divisive.
A lawsuit concerning these relatively new state regulations is making its way through the court system.
What are these concepts? What do they mean? And why is there a lawsuit against the state about them? In July, The State We’re In host Melanie Plenda explored these questions with NAACP President James McKim, Granite State News Collaborative Reporter Adam Drapcho, ACLU-NH Legal Director Gilles Bissonnette, and plaintiff Tina Philibotte, who serves as the Manchester School Districts Chief Equity Officer.
It’s been a little more than a year since a state law, regulating the teaching about racism, sexism and other forms of prejudice, went into effect. While no educators have been punished, or even investigated, according to a response to a Right to Know request, that doesn’t mean that the law hasn’t had an impact.
When the state's controversial “divisive concepts” law was being debated last year, critics of the proposal called it a solution in search of a problem that would stifle open discussion of sensitive topics in public school classrooms.
As the state budget moved through the legislature this year, New Hampshire had its eyes on a provision commonly referred to as the ‘divisive concepts’ legislation. The language has been a point of widespread controversy, but now that it’s law, many Granite Staters are left wondering what exactly is in the bill.
Opponents of the law argue it could put a chill on conversations about systemic racism, white privilege and implicit bias; supporters say the legislation protects all New Hampshireites from discrimination — including white people.
The state budget provision that opponents say puts a chill on important conversations about race has been law for a few weeks, but community members are still looking for guidance on what they call unclear language.
Educators and civil rights activists, among others, say as they await more information from the state, they are concerned the law is already leading to self-censorship in school curriculums, workplace diversity training and police implicit bias classes.
More than half of the state’s Council on Diversity and Inclusion abruptly resigned Tuesday, citing concerns that the state budget signed into law by Governor Chris Sununu silences important conversations about race.
It is now illegal in New Hampshire to teach in schools or train public employees that someone “is inherently racist, sexist, or oppressive, whether consciously or unconsciously.”
Members of the governor’s police accountability commission expressed disappointment after Attorney General John Formella shot down a request for an emergency meeting to discuss “divisive concepts” language in the proposed state budget.
The legislation would prohibit discussing or teaching concepts like systemic racism or critical race theory in schools and governmental agencies.
The state’s teachers' unions will need to wait at least two months to find out if a federal judge will allow their lawsuit against the state to proceed.
Judge Paul Barbadoro said on Wednesday afternoon that it will take 60 to 90 days to weigh the arguments from both sides on the merits of the suit, which argues that a new law regulating how teachers can instruct around sensitive topics is unconstitutionally vague.