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SB 434 · 2026 · Senate · Education Committee

School material complaint procedures

AI-generated

relative to regulation of public school materials.

Requires local school boards to adopt and publish policies and procedures for parents to submit and appeal complaints about school materials alleged to be obscene, harmful to minors, or age-inappropriate.AI-generated

Status

Vetoed; the override vote failed, so the veto stands · August 19, 2026
  1. ✓Introduced
  2. ✓Senate
  3. ✓House
  4. ✕Governor
  5. Law

Governor's veto message

“This bill is similar to the bill I vetoed last year. As a parent, I understand and appreciate the concerns parents have about their children being exposed to age-inappropriate or objectionable materials in schools. At the same time, existing New Hampshire law already requires school districts to adopt a policy allowing an exception to specific course material based on a parent's determination that the material is objectionable. See RSA 186:11:IX-c. Parents must be notified at least two weeks in advance of course materials that involve human sexuality, sexual education, sexual orientation, gender, gender identity, or gender expression. If a parent objects in writing, New Hampshire law further requires an alternative agreed upon between the school district and the parent.”
— Gov. Kelly Ayotte · Jul 2, 2026 · excerpt

The Senate voted 16–8 on the override (Aug 19, 2026); the House voted 165–140 on the override (Aug 19, 2026) — short of the two-thirds required, so the veto was sustained. See the roll calls.

A passage from the Governor's veto message, quoted verbatim. The full message enters the record on veto day.

Analysis

This bill requires local school boards to adopt and display a policy to be used to address complaints submitted by parents or guardians alleging that material presented in school is obscene and harmful to minors.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as passed by both chambers.

“This act shall be known as the "Right To Challenge Act".”
Section 1

The bill's short title frames its purpose as empowering parents to challenge school materials.AI-generated

“Predominantly appeals to the prurient interest of minors in sex, that is, an interest in lewdness or lascivious thoughts;”
RSA 189:74-a, I(b)(1)

This is the first prong of the three-part definition of material "harmful to minors" that districts must apply to complaints.AI-generated

“each local school board shall adopt a policy to be used to address complaints submitted by parents or guardians alleging that material that is presented or made available is obscene and harmful to minors.”
RSA 189:74-a, II

The bill mandates that every local school board adopt and post a complaint policy for allegedly obscene or harmful materials.AI-generated

“All decisions of the superintendent or designee and the school board, and any communications relating thereto, shall be considered public records pursuant to RSA 91-A.”
RSA 189:74-b, II

The bill makes complaint decisions and related communications public records subject to New Hampshire's right-to-know law.AI-generated

Official record

gc.nh.gov · the authoritative source

Sponsors

Sen. Timothy LangRPrimeMajority Whip
  • Sen. Ruth WardRChair· Education
  • Sen. Sharon CarsonRPresident of the Senate
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Sen. Kevin AvardRDeputy Majority Whip
  • Sen. Victoria SullivanRVice Chair· Education
  • Sen. Keith MurphyRChair· Education Finance
  • Sen. Daniel InnisRVice Chair· Education Finance
  • Sen. Regina BirdsellRMajority Leader
  • Sen. David RochefortRChair· Health and Human Services
  • Rep. Michael MoffettRChair· State-Federal Relations and Veterans Affairs
  • Rep. Margaret DryeRClerk· Education Policy and Administration
  • Rep. Kristin NobleRChair· Education Policy and Administration
  • Rep. Lisa FreemanRAssistant Majority Whip

Public testimony

752 signed in online · 162 wrote testimony

2% support98% oppose0% neutral

AgainstGovernment censorship violating free speech

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“Please vote NO on SB 434. It's yet another overly broad, eminently veto-able attempted book ban in NH. It's problematic because: It contains vague definitions that could apply to any number of valuable and legitimate books.…”
— Jack Cheevers, East Hampsteadopposes
“School districts already have policies for curriculum selection, a policy to challenge a book, and a policy that allows a parent to request alternate materials for their child.…”
— Karin Cevasco, Milfordopposes
“This bill opens the door for any public school material to be challenged. Educators have strong understanding of child development. They will use their professional training and knowledge to deem what should be in their schools and classrooms. We can trust them.…”
— Gayle Hoisington, Merrimackopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 19, 2026SenateCommittee report: Ought to Pass with Amendment # 2026-0643s3–1
    Overall
    75% yea
  • Feb 19, 2026SenateVoice voteCommittee amendment 2026-0643sadopted
  • Feb 19, 2026SenateVoice voteSen. Altschiller Floor Amendment # 2026-0826sfailed
  • Feb 19, 2026SenateRoll callOught to Pass with Amendment #2026-0643sAdopted16–8How they voted
    Overall
    67% yea
    Party-line vote
    Republicans
    16–0100% yea
    Democrats
    0–80% yea
    Resulting text: Bill as amended by the Senate
  • May 4, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-1815h10–8
    Overall
    56% yea
  • May 14, 2026HouseDivisionAmendment 2026-1815hFailed8–336
    Overall
    2% yea
  • May 14, 2026HouseDivisionFloor amendment 2026-1937h (Rep. Noble)Adopted191–157
    Overall
    55% yea
  • May 14, 2026HouseRoll callOught to Pass with Amendment 2026-1937hAdopted188–161How they voted
    Overall
    54% yea
    Party-line vote
    Republicans
    188–498% yea
    Democrats
    0–1570% yea
    Resulting text: Bill as amended by the House
  • May 21, 2026SenateRoll callSen. Ward Moved to Concur with the House AmendmentAdopted14–8How they voted
    Overall
    64% yea
    Party-line vote
    Republicans
    14–0100% yea
    Democrats
    0–80% yea
    Resulting text: Bill as adopted by both chambers
  • Jun 4, 2026SenateVoice voteEnrolledadopted
  • Aug 19, 2026SenateRoll callOverride the veto — shall the bill become law notwithstanding the objectionsAdopted16–8How they voted
    Overall
    67% yea
    Party-line vote
    Republicans
    16–0100% yea
    Democrats
    0–80% yea
  • Aug 19, 2026HouseRoll callOverride the veto — shall the bill become law notwithstanding the objectionsFailed165–140How they voted
    Overall
    54% yea
    Party-line vote
    Republicans
    165–597% yea
    Democrats
    0–1350% yea

Hearings and debates

  • Feb 3, 2026Public hearingSenate Education2:37–42:3239m 55s
  • Feb 19, 2026Floor debateSenate floor1:34:32–1:55:3421m 2s
  • Apr 8, 2026Public hearingHouse Education Policy and Administration4:31:35–6:32:202h 45s
  • May 4, 2026Executive sessionHouse Education Policy and Administration4:49:03–5:02:1813m 15sTimestamp located by Whisper transcription (this session video has no YouTube captions).
  • May 14, 2026Floor debateHouse floor3:25:23–3:47:2522m 2s
  • May 21, 2026Floor debateSenate floor42:01–55:4913m 48s
  • Jun 4, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamEnrolled Adopted — voice vote
  • Aug 19, 2026Floor debateSenate floor34:39–42:498m 10slocated in the stream transcriptNotwithstanding the Governor's Veto, Shall SB 434 Become Law — roll call 16-8
  • Aug 19, 2026Floor debateHouse floor4:54:57–4:59:044m 7slocated in the stream transcriptVeto Sustained — roll call 165-140

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Education; SJ 1
  2. Feb 3, 2026SenHearing: 02/03/2026, Room Map Room, SL, 09:15 am; SC 3
  3. Feb 19, 2026Sen: Ought to Pass with Amendment # 2026-0643s, 02/19/2026, Vote 3-1; SC 6
  4. Feb 19, 2026SenCommittee Amendment # 2026-0643s, AA, VV; 02/19/2026; SJ 4
  5. Feb 19, 2026SenSen. Altschiller Floor Amendment # 2026-0826s, AF, VV; 02/19/2026; SJ 4
  6. Feb 19, 2026SenOught to Pass with Amendment #2026-0643s, RC 16Y-8N, MA; OT3rdg; 02/19/2026; SJ 4
  7. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Education Policy and Administration HJ 5 P. 124
  8. Apr 8, 2026HousePublic Hearing: 04/08/2026 11:30 am GP 232
  9. May 4, 2026HouseExecutive Session: 05/04/2026 10:30 am GP 232
  10. May 4, 2026HouseMajority : Ought to Pass with Amendment # 2026-1815h 05/04/2026 (Vote 10-8; RC) HC 19 P. 20
  11. May 6, 2026HouseMinority : Inexpedient to Legislate
  12. May 14, 2026HouseAmendment # 2026-1815h: AF DV 8-336 05/14/2026 HJ 13 P. 45
  13. May 14, 2026HouseFLAM # 2026-1937h (Rep. Noble): AA DV 191-157 05/14/2026 HJ 13 P. 45
  14. May 14, 2026HouseOught to Pass with Amendment 2026-1937h: MA RC 188-161 05/14/2026 HJ 13 P. 46
  15. May 21, 2026SenSen. Ward Moved to Concur with the House Amendment, RC 14Y-8N, MA; 05/21/2026; SJ 13
  16. Jun 4, 2026HouseEnrolled (in recess of) 06/04/2026 HJ 15
  17. Jun 4, 2026SenEnrolled Adopted, VV, (In recess 06/04/2026); SJ 14
  18. Jul 2, 2026SenVetoed by Governor 07/02/2026
  19. Aug 19, 2026SenNotwithstanding the Governor's Veto, Shall SB 434 Become Law: RC 16Y-8N, Veto Overridden by necessary two-thirds vote; 08/19/2026; SJ 15
  20. Aug 19, 2026HouseVeto Sustained 08/19/2026: RC 165-140 Lacking Necessary Two-Thirds Vote HJ 16

Coverage

Background reading

Evergreen reading on the policy area — spanning perspectives — not coverage of this specific bill.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.