The Education Department of New Hampshire has communicated to the educational leaders of the state that it is essential for them to reassess their district’s diversity and equity initiatives. This is to ensure that they are in line with the latest edicts from President Donald Trump which restrict these programs at the federal level and recognize only male and female genders on a federal scale. It is important for districts that receive federal funding in New Hampshire to pay close attention to these presidential decrees.
It becomes imperative for school districts, their administrators, and local boards to scrutinize whether the current training, programs, or curriculum material that are focused on Diversity, Equity, and Inclusion (DEI) coincide with the new federal guidelines. They should also proactively engage with their legal advisors to ensure that the districts adheres to all the state and federal laws.
The state educational authorities have provided some links and references in their communique. The information points to the mandates and communications from the Trump administration and the U.S. Department of Education. Moreover, it highlights the recent interventions by the U.S. Department of Education’s Office for Civil Rights to revoke the book banning guidance from the Biden administration, and the dismissal of eleven complaints related to book bans.
The advisory from the Education Department urges all district leadership and local school boards to create pragmatic processes. These procedures are to gauge and remove content that is not age-appropriate and should aim to provide ‘a developmentally appropriate collection of resources.’ However, they fall short of providing explicit direction to the school districts on determining if their programs align with the new directives or how these mandates affect local schools.
In the state of New Hampshire, the law restricts transgender girls from participating in girls’ sports. However, this law is currently being challenged in court in two districts and has been temporarily suspended by a federal judge. Amidst this, both the Office of the Attorney General of New Hampshire and Governor Kelly Ayotte have asserted their commitment to standing by the law.
Governor Ayotte’s spokesperson, John Corbett, announced that Ayotte is currently in dialogue with the White House and several state agencies. This conversation is in conjunction with their office’s review of the presidential orders. However, the advisory from the state education department does not include a mention of another directive by Trump prohibiting the teaching of inherent bias among certain groups.
There was a law enacted in 2021 in New Hampshire with similar prohibitions but was reversed in May. The legal arguments against the law included accusations of vagueness and infringement on First Amendment rights. The state has, however, challenged this reversal and has submitted an appeal.
In the advisory, the Education Department reiterated its commitment to providing high-quality education that is inclusive for all learners. However, state education leaders have expressed their doubts and concerns about the navigation of these new regulations. The application of these federal directives at a local level leaves many unanswered questions.
The superintendent of Hanover, Jay Badams, is among the educational leaders who have expressed such uncertainties. During a presentation about his district’s diversity and equity strategic plan on January 28, Badams listed multiple questions. Some of these concerns encompassed the potential effects of transgender policies on students and families or if there could be potential risks to the district’s diversity and equity efforts.
Due to the sudden changes implemented by the new state laws, Jay Badams was not available immediately for commenting on the advisory. Meanwhile, The New Hampshire Schools Association has offered advice to school boards and administrators regarding these changes. Their advice includes working in conjunction with their legal advisors for understanding how these mandates will change the workings of their local school districts.