New Hampshire SB 434: relative to regulation of public school materials.

Bill Text

SB 434 - AS AMENDED BY THE SENATE

02/19/2026 0643s

2026 SESSION

 26-2030

 12/09

SENATE BILL 434

AN ACT relative to regulation of public school materials.

SPONSORS: Sen. Lang, Dist 2; Sen. Ward, Dist 8; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Sen. Avard, Dist 12; Sen. Sullivan, Dist 18; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19; Sen. Rochefort, Dist 1; Rep. Moffett, Merr. 4; Rep. Drye, Sull. 7; Rep. Noble, Hills. 2; Rep. Freeman, Belk. 8

COMMITTEE: Education

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ANALYSIS

 This bill requires local school districts to adopt and publicly post policies describing materials authorized for use by students in the district and outlining procedures to address complaints alleging that material is harmful or age-inappropriate for use in the district's schools.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/2026 0643s 26-2030

 12/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to regulation of public school materials.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act shall be known as the "Right To Challenge Act".

 2 New Subdivision; Prohibition of Materials Harmful to Minors in Schools. Amend RSA 189 by inserting after section 74 the following new subdivision: 

Prohibition of Materials Harmful to Minors in Schools

 189:74-a Definitions. In this subdivision:

 I. "Material" means any printed matter, visual presentation, web-based content, live performance, or sound recording, including, but not limited to, books, magazines, motion picture films or videos, pamphlets, phonographic records, pictures, drawings, photographs, figures, statues, plays, dances, or other representations that are provided by the school district or by school employees, volunteers, guests, or speakers.

 II. "Harmful to minors" shall have the same meaning as defined in RSA 571-B:1, I.

 189:74-b Prohibition of Materials Harmful to Minors in Schools. 

 I. No later than November 1, 2027, each local school board shall adopt a procedure to be used to address complaints submitted by parents or guardians alleging that material that is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school. The policy shall be posted on the district website. At a minimum, the complaint resolution process shall provide that: 

 (a) Complaints be submitted in writing to the superintendent or designee of the school district where the student is enrolled, contain a reasonably detailed description of the material that is alleged to be harmful to minors, and propose an action to be taken by the school district relative to the material. 

 (b) The superintendent or designee takes reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material complained of, meeting with the parent or guardian who submitted the complaint in person, or communicating with the parent or guardian by email or telephone, within 10 school days of receipt of the complaint.

 (c) The superintendent or designee determines whether the material that is the subject of the complaint is harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school or for use in the context in which the material is being used.

 (d) The superintendent or designee, within 25 school days of notice of receipt of the complaint or as otherwise agreed upon by both parties, determines whether student access to, or use of, the material that is the subject of the complaint will remain in place without change, be removed, be restricted, be modified, or have other action taken with respect to the material.

 (e) The superintendent or designee, within 5 calendar days of making the determination required in subparagraph (d), provides a written response to the complainant explaining his or her decision, which includes: 

 (1) Whether the material has been determined to be harmful to minors, age-inappropriate, or otherwise offensive or inappropriate for use in the child’s school; 

 (2) A description of why the superintendent or designee reached his or her conclusions; and 

 (3) An explanation of the value the superintendent or designee finds the material provides. 

 (f) The complainant may appeal the determination of the superintendent or designee to the school board within 30 calendar days of receipt of the determination of the superintendent or designee, or at the next regularly scheduled meeting of the school board, whichev