A decision blocking the state from enforcing its prohibition on any “diversity, equity and inclusion” programs in public schools was upheld by the U.S. District Court last week.
“From the moment this DEI gag order was jammed into the state budget without public notice, House Democrats have loudly sounded the alarm, raising constitution concerns and challenging its legitimacy at every step.” Rep. Laura Telerski, D-Nashua said the provision was suspect from the beginning, and the “ruling affirms what we’ve said all along: this provision is deeply flawed, and it cannot withstand judicial scrutiny.”
The DEI language in House Bill 2 is vague and confusing. As a result, the law impermissibly censors educators and limits their ability to meet the needs of all students, including those requiring special education services,” according to Megan Tuttle, President of NEA-NH.
The ruling sets a September 30 deadline for school districts to file reports, while a letter from the Department of Education to school districts set the deadline at September 5. If schools failed to certify that they engaged in DEI related activities, used state money for those activities and if they have containing DEI related provisions, they will lose all state funding.
The US District Court last year found the state’s divisive concepts law passed in the 2021-2022 budget bills was unconstitutional and forbade the state from enforcing the law.