SB 431 · 2026 · Senate · Education Committee
Intent requirement for teaching discrimination
AI-generatedrelative to violations of the prohibition on teaching discrimination.
Adds a requirement that a teacher act intentionally or knowingly for a violation of the state's prohibition on teaching discrimination in public schools to occur.AI-generated
Status
Died on the table in the House · May 14, 2026- ✓Introduced
- ✓Senate
- ✕House
- Governor
- Law
Analysis
This bill adds mental state, or mens rea, as an element to the prohibition on teaching discrimination.
From the bill's official ANALYSIS section.
In the bill's words
Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site
“No pupil in any public school in this state shall be intentionally or knowingly taught, instructed, inculcated or compelled to express belief in, or support for, any one or more of the following:”
Official record
gc.nh.gov · the authoritative source
Sponsors
- Sen. Kevin AvardRDeputy Majority Whip
- Sen. Daniel InnisRVice Chair· Education Finance
- Sen. Bill GannonRChair· Judiciary
- Sen. Daryl AbbasRPresident Pro Tempore
- Sen. Victoria SullivanRVice Chair· Education
- Sen. Keith MurphyRChair· Education Finance
- Sen. Mark McConkeyRChair· Capital Budget
- Sen. Howard PearlRChair· Executive Departments and Administration
- Sen. David RochefortRChair· Health and Human Services
- Rep. Michael MoffettRChair· State-Federal Relations and Veterans Affairs
- Rep. Bob LynnRChair· Judiciary
- Rep. Joe AlexanderRChair· Housing
Also: Sen. Tim McGoughR
Public testimony
422 signed in online · 61 wrote testimony
2% support98% oppose0% neutral
AgainstMens rea fix doesn't cure vagueness; law should be repealed, not patched
AI-generatedLeading arguments, summarized by the testimony tool.
Read the argumentsIn their wordsVerbatim, exactly as submitted
“The ban on teaching so-called divisive concepts is unconstitutional and has been overturned. This bill is not a fix for an unfixable law. The only cure is repeal.”
“Greetings, I am speaking in opposition of SB431. This bill does not belong in New Hampshire. We need to let teachers teach and children learn. It is phenomenal to see all these nanny type bills banning this, that, and the other thing.…”
“It's time to remember you're republicans. Live free or die. Your oppressive and tyrannical bills and tirade is beyond discouraging. What is your endgame, out of curiosity?”
Verbatim excerpts of submitted testimony, quoted from the testimony tool.
Read the testimony · as of Aug 12, 2026
Votes
yeanay- Mar 12, 2026SenateCommittee report: Ought to Pass3–2Overall60% yea
- Overall67% yeaParty-line voteRepublicans16–0100% yeaDemocrats0–80% yea
- May 4, 2026HouseCommittee report· regular calendar: Ought to Pass10–8Overall56% yea
- May 14, 2026HouseVoice voteLay SB431 on Table (Rep. Noble)adopted
Hearings and debates
- Feb 17, 2026Public hearingSenate Education1:23:11–1:24:171m 6slocated in the stream transcriptHearing
- Mar 12, 2026Floor debateSenate floor22:19–38:4616m 27slocated in the stream transcriptCommittee Report: Ought to Pass; Ought to Pass — adopted, roll call 16-8
- Apr 8, 2026Public hearingHouse Education Policy and Administration4:22:43–4:25:412m 58slocated in the stream transcriptPublic Hearing
- May 4, 2026Public hearingHouse Education Policy and Administration4:25:29–4:26:341m 5slocated in the stream transcriptMajority Committee Report: Ought to Pass — roll call; Executive Session
- May 14, 2026Floor debateHouse floor3:24:03–3:25:251m 22slocated in the stream transcriptLay SB431 on Table (Rep. Noble) — adopted, voice vote
Timestamps locate where this bill is taken up in the chamber's YouTube stream.
Legislative history
- Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Education; SJ 1
- Feb 17, 2026SenHearing: 02/17/2026, Room Map Room, SL, 10:15 am; SC 6
- Mar 12, 2026Sen: Ought to Pass, 03/12/2026, Vote 3-2; SC 9
- Mar 12, 2026SenOught to Pass: RC 16Y-8N, MA; OT3rdg; 03/12/2026; SJ 6
- Mar 12, 2026HouseIntroduced (in recess of) 03/12/2026 and referred to Education Policy and Administration HJ 8 P. 114
- Apr 1, 2026House==CANCELLED== Public Hearing: 04/01/2026 10:20 am GP 232
- Apr 8, 2026HousePublic Hearing: 04/08/2026 11:00 am GP 232
- May 4, 2026HouseExecutive Session: 05/04/2026 10:30 am GP 232
- May 4, 2026HouseMajority : Ought to Pass 05/04/2026 (Vote 10-8; RC) HC 19 P. 20
- May 6, 2026HouseMinority : Inexpedient to Legislate
- May 14, 2026HouseLay SB431 on Table (Rep. Noble): MA VV 05/14/2026 HJ 13 P. 44
Coverage
No reporting linked yet.
Background reading
Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.
- Educational gag ordersFree expression
PEN America — The national wave of teaching restrictions and how their enforcement provisions differ.AI-generated
- Map of divisive concepts legislationFree speech
FIRE — A civil-liberties tracker of what has been enacted and struck down.AI-generated
- Local Government Center v. New HampshireLitigation — NH
ACLU of New Hampshire — The New Hampshire challenge to the teaching-discrimination law and its vagueness holding.AI-generated
Documents (PDF)
Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.