NH Senate rejects attempts to repeal 'divisive-concepts' law - Concord Monitor
The N.H. Senate on Thursday rejected legislation to remove so-called “divisive concepts” provisions in state law governing what public schools may teach.
Under the law approved last year, educators are banned from telling students that some individuals by virtue of age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin are inherently racist, sexist or oppressive, consciously or unconsciously.
Opponents say these provisions, which are being challenged by teachers unions and the ACLU in federal court, are ambiguous and serve to chill, or gag, classroom discussions, while supporters say they are intended to allow teaching, but not preaching, about discrimination.
Sen. Jay Kahn, D-Keene, sponsored Senate Bill 304, which would have repealed the controversial statute, which was inserted into a state budget bill last year and also applied to workplace instruction by public employers.
After his bill was rejected in a voice vote in the Republican-controlled Senate on Thursday, Kahn issued a statement saying that when the measure was heard in the Senate Judiciary Committee many people described problems with the current law.
“We heard from educators, employers, and human resources professionals about the chilling effect this poorly written prohibition has had on their ability to effectively educate children and employees,” Kahn said.
“By banning discussion about issues that make us uncomfortable, we only serve to silence and suppress the lived experiences of Granite Staters. Our constituents overwhelmingly asked us to fix this problematic law, and I’m disappointed we weren’t able to deliver for them today.”
A similar repeal attempt on Thursday, Senate Bill 298, was also rejected.
Sen. David Watters, D-Dover, the prime sponsor of that measure, also released a statement.
“Regardless of how you feel about the Republican gag rule, one thing has become abundantly clear: the law is unworkable and is causing fear and confusion for Granite Staters,” Watters said.
“We owe it to the people we represent to be responsive to their concerns, and by refusing to fix problematic policy, my Republican colleagues have chosen their anti-free speech agenda over the people they represent.”
But Sen. William Gannon, R-Sandown, said the current law does not hamper teachers.
“The issue here is not teaching but advocacy,” he said in arguing against SB 304, the bill Kahn sponsored, on Thursday."
“As a Legislature we have a duty to ensure students are being treated appropriately and that they are being taught and not indoctrinated.”
Rep. Sharon Carson, R-Londonderry, said the “divisive-concepts” law doesn’t prevent a teacher from exploring historical facts and context.
“You can have great discussions, but it’s when personal opinions are interjected into that discussion that there are problems,” she said.
Those who feel provisions of the law have been violated can sue the school district involved. Violations by an educator can lead to disciplinary sanctions by the N.H. Board of Education.
The N.H. Department of Education created a web page to explain how the law works, including a link to a form that is the first step in filing a complaint.
These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.
source: https://www.concordmonitor.com/NH-Senate-rejects-attempts-to-repeal-divisive-concepts-law-45270509
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