CONCORD, N.H. — Advocacy groups and teachers have filed a federal lawsuit challenging a New Hampshire law that took effect July 1, 2025, banning diversity, equity and inclusion (DEI) programs related to race, disability, gender identity, gender and sexual orientation in the state’s schools, colleges and public entities.
According to the American Civil Liberties Union, the law violates the civil rights of students — especially those with disabilities — and educators. The groups argue it is so ambiguous that it fails constitutional muster under both state and federal law.
“All Granite State children deserve a high-quality education, safe and welcoming public schools, and the support they need to thrive,” Megan Tuttle, NEA (National Education Association)-New Hampshire president, said in the release. “We know diversity, equity, and inclusion programs and initiatives are not only legally required in certain contexts but also create a sense of belonging where all students can feel comfortable sharing their ideas and stories. Vague and confusing laws that have the effect of censoring or limiting educators’ abilities to teach and accommodate students who may have special education needs can undermine the high-quality education that students deserve.”
The ACLU said disability rights advocates warned lawmakers before the law was finalized that it would threaten crucial services. But the final bill, they said, ignored those concerns.
Zoe Brennan-Krohn, director of the ACLU Disability Rights Program, described the law’s harmful effect on students with disabilities.
“New Hampshire’s anti-DEI law is an expansive assault on the rights and freedoms of students and educators across the state,” Brennan-Krohn said. “Among those potentially swept up in this vague law are students with disabilities, many of whom rely on accessibility and integration programs to succeed at school. Federal disability rights laws require public schools to identify disabled students to increase their achievement; state law cannot prohibit what federal law mandates.”
The law also imposes potential penalties on public school districts that fail to comply, including the loss of millions in state funding. Opponents warn that its vagueness makes it difficult to predict how the New Hampshire Department of Education will enforce it, leaving critical funding in jeopardy.
“As a result of this law, I am aware of several educators who will err on the side of caution out of concern and fear of engaging in some activity that might be perceived as diversity, equity, and inclusion related,” said Dottie Morris, a college administrator, psychology professor and plaintiff in the case. “The concern and fear of violating HB 392’s directive will stifle educators’ abilities to adequately serve all of their students, to create school environments that support students from diverse lived experiences, and to ethically engage in their vocation.”
The ACLU said the state’s Department of Education has focused enforcement on private colleges and universities receiving student scholarship funds through state grant programs, while paying less attention to private K-12 schools that also get public funding.
Public and private colleges and universities in New Hampshire typically receive more than $22 million in UNIQUE Program state grants and more than $2 million in Governor’s Scholarship Program state grants each year, according to the ACLU.
The lawsuit also warns that the law could undermine federally mandated collection of demographic data within New Hampshire school districts.
Dr. Robert Shaps, superintendent of the Oyster River Cooperative School District, said it is essential to challenge the law.
“We cannot stand by as the state attempts to bypass its own legal responsibilities while failing to provide due process to respond to violations and offering no chance of appeal,” Shaps said. “We hope this legal action will defend our right to deliver a high-quality public school education and support a democratic, informed, and engaged community as we work together to protect our children’s future.”
