New Hampshire schools sue state over DEI restrictions

(The Center Square) — New Hampshire is being sued by a coalition of teachers unions, schools and liberal groups who are challenging the state's recently approved restrictions on diversity, equity, and inclusion programs.

In a complaint filed Thursday in U.S. District Court in Concord, the New Hampshire chapter of the National Education Association and several school districts claim that the state's "vague and ambiguous" restrictions violate federal civil rights laws that protect the rights of students with disabilities and the First Amendment rights of educators and students.

"This new law threatens to revoke critical public funding from Granite State schools using vague criteria unless they cease programming and policies aimed at fostering equitable and inclusive environments for all – and that’s unconstitutional," Devon Chaffee, executive director of the American Civil Liberties Union of New Hampshire, said in a statement.

A provision tucked into the two-year $15.9 billion state budget, signed by Republican Gov. Kelly Ayotte in June, sets limits on DEI mandates in state government, public higher education and K-12 schools.

The rules apply to municipalities and school districts, which would have to submit reports to the state by Sept. 30 identifying any DEI contracts. Under the restrictions, schools that don't comply or refuse to dismantle DEI programs could lose state funding.

"No public entity shall implement, promote, or otherwise engage in any DEl-related initiatives, programs, training, or policies," the provision states. "No state funds shall be expended for DEl-related activities, including but not limited to implicit bias training, DEI assessments, critical race theory or race-based hiring, promotion, or contracting preferences."

Backers of the new rules said they are necessary to prevent a loss of federal funding, with President Donald Trump cracking down on DEI initiatives and targeting states that don't comply.

But teachers unions and advocacy groups behind the lawsuit claim the policies help institutions serve diverse populations and address systemic inequality in government and public schools. They've accused the Trump administration of discrimination for seeking to eliminate DEI initiatives.

“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,” said Megan Tuttle, NEA–New Hampshire president.

New Hampshire is one of several states — including Florida, Alabama and Arkansas — that have taken steps to ban or restrict DEI programs in public schools, colleges and universities in response to Trump's executive order in January threatening to withhold federal funding from schools over “radical indoctrination” in classrooms.

The Office of Civil Rights in the U.S. Education Department told districts they could be subject to investigation for any policies that consider race or proxies for race.