Divisive Concepts

The U.S. District Court of New Hampshire struck down the 2021 "divisive concepts" teaching law in a May 28, 2024 ruling.

New Hampshire is one of at least 25 states that passed laws in recent years restricting certain K-12 lessons or books addressing racism and other forms of oppression. And it is the first where such a law has been declared unconstitutional.

The law passed in 2021, as Republican lawmakers raised concerns about diversity, equity, and inclusion efforts implemented in public schools, and argued that teachers were espousing “critical race theory” in classrooms.

New Hampshire lawmakers this year have debated bills that include free speech, so-called "divisive concepts," and book removal policies.

No teacher has been sanctioned since Republican lawmakers passed a law in 2021 restricting lessons about racism. But teachers’ unions and civil rights groups say the law is still chilling free speech.

Documents from an ongoing court case offer a window into how new rules are affecting teachers and the state officials who are in charge of overseeing education.

The Department of Education said subpoena power would only be used as a last resort in investigations. But critics warned it would give the commissioner excessive power during an era of increasing hostility towards teachers.

Opponents of the law said it had caused teachers to avoid addressing certain topics or subject matter for fear of receiving parent or student complaints.

For the first time since the new state budget was passed, teachers in public schools will have to contend with guidance from the state that limits the way they can talk about certain topics, like racism and sexism.

Dr. Marie Ramas says New Hampshire's new restrictions on teaching about racism, sexism and other forms of oppression could interfere with education in the medical field and patient care.