This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 193:40 · Prohibition on Teaching Discrimination

193:40 Prohibition on Teaching Discrimination. –

Copy link
I.

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:

Copy link
(a)

That one's age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion or national origin is inherently superior to people of another age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin;

Copy link
(b)

That an individual, by virtue of his or her age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

Copy link
(c)

That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin; or

Copy link
(d)

That people of one age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin cannot and should not attempt to treat others without regard to age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin.

Copy link
II.

Nothing in this section shall be construed to prohibit discussing, as part of a larger course of academic instruction, the historical existence of ideas and subjects identified in this section.

Copy link
III.

Any person claiming to be aggrieved by a violation of this section, including the attorney general, may initiate a civil action against a school or school district in superior court for legal or equitable relief, or with the New Hampshire commission for human rights as provided in RSA 354-A:34.

Copy link
IV.

Violation of this section by an educator shall be considered a violation of the educator code of conduct that justifies disciplinary sanction by the state board of education.

Copy link
V.

For the purposes of this section, "educator" means a professional employee of any school district whose position requires certification by the state board pursuant to RSA 189:39. Administrators, specialists, and teachers are included within the definition of this term. Source. 2021, 91:298, eff. June 25, 2021. School Athletics

Copy link

Source note

Source. 2021, 91:298, eff. June 25, 2021. School Athletics

Source history

  • 2021, 91:298, eff. June 25, 2021. School Athletics

Related materials

Bill relationships

  • 2026 HB1564 amend · effective 2027-01-01

    us, familial status, disability, religion, national origin, or any other classes protected under RSA 354-A. 19 Public Schools; Teaching Discrimination; Gender Identity. Amend RSA 193:40, I to read as follows: I. 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: (a) That one's age

  • 2026 HB1564-FN amend · effective 2027-01-01

    us, familial status, disability, religion, national origin, or any other classes protected under RSA 354-A. 19 Public Schools; Teaching Discrimination; Gender Identity. Amend RSA 193:40, I to read as follows: I. 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: (a) That one's age

  • 2026 HB1573 amend

    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Excused Absences for Civic and Career Technical Education Activities. Amend RSA 193 by inserting after section 1-c the following new section: 193:1-d Excused Absences for Civic and Career Technical Education Activities. I. Students in public or public charter primary or secondary schools who wi

  • 2026 HB1778 amend · effective 2027-01-01

    Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibition on Teaching Personal Identity Ideologies; Policy Requirements. Amend RSA 193 by inserting after section 40 the following new section: 193:40-a Prohibition on Teaching Personal Identity Ideology. I. In this chapter "personal identity ideology" shall mean any approach or form of teaching that

  • 2026 HB1778-FN amend · effective 2027-01-01

    Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibition on Teaching Personal Identity Ideologies; Policy Requirements. Amend RSA 193 by inserting after section 40 the following new section: 193:40-a Prohibition on Teaching Personal Identity Ideology. I. In this chapter "personal identity ideology" shall mean any approach or form of teaching that

  • 2026 HB1792 repeal · effective 2026-09-01

    Enacted by the Senate and House of Representatives in General Court convened: 1 Prohibition on Teaching Discrimination; Purposeful Mental State Added; Civil Remedy Removed. RSA 193:40 is repealed and reenacted to read as follows: 193:40 Prohibition on Teaching Discrimination. I. No pupil in any public school in this state shall be purposefully taught, instructed, inculcated or compelled to ex

  • 2026 HB1792-FN repeal · effective 2026-09-01

    Enacted by the Senate and House of Representatives in General Court convened: 1 Prohibition on Teaching Discrimination; Purposeful Mental State Added; Civil Remedy Removed. RSA 193:40 is repealed and reenacted to read as follows: 193:40 Prohibition on Teaching Discrimination. I. No pupil in any public school in this state shall be purposefully taught, instructed, inculcated or compelled to ex

  • 2026 SB431 amend

    nation. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Prohibition on Teaching Discrimination. Amend the introductory paragraph of RSA 193:40, I to read as follows: I. No pupil in any public school in this state shall be intentionally or knowingly taught, instructed, inculcated or compelled to express belief in, or support for, any one or more of the followi

  • 2025 HB50 repeal

    on on teaching discrimination. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Education; Pupils; Discrimination in Public Schools; Prohibition on Teaching Discrimination. RSA 193:40, II-V is repealed and reenacted to read as follows: II. Nothing in this section shall be construed to prohibit discussion by educators, or others as part of a larger course of academic instruction, of the hist