(The Center Square) – New Hampshire schools will be blocked from withholding information about students’ behavior, health or sexual orientation under a parental bill of rights package signed into law by Gov. Kelly Ayotte on Tuesday.
The Republican-backed bills, approved by the Legislature last week, will require public schools to disclose information unless there is “compelling state interest” to protect the child from abuse or neglect.
The new law allows parents access to their child’s school records, requires parental notice and opt-in consent for nonacademic surveys and prohibits “obscene or harmful” sexual materials in schools. Another provision would outlaw mandatory mask policies in schools.
Ayotte and other backers of the plan say it protects the autonomy of parents over their children and outlines their “fundamental” parental rights over public school districts.
“Giving parents the freedom to choose the education setting that best fits their child’s needs will help every student in our state reach their full potential,” Ayotte said Tuesday at a signing ceremony, flanked by lawmakers and children. “I thank the House and Senate for working to get these across the finish line.”
Passage of the measure was a key agenda item for Ayotte, a first-term Republican who pledged on the campaign trail to “enthusiastically work” to pass the legislation and sign it, if elected.
Conservative groups that pushed for the requirements praised Ayotte and GOP lawmakers for approving the package of bills, saying the move will codify parental rights in the state.
“These bills collectively ensure that parents – not government institutions – retain the primary role in guiding their children’s development,” Melissa Blasek, executive director of RebuildNH, said in a statement. “This package embodies New Hampshire’s commitment to freedom and personal responsibility. It’s time to lead the nation once again.”
The measure has drawn a backlash from advocates who said it would jeopardize the privacy of students expressing a wide range of gender identities and sexual orientations who seek guidance from school counselors about issues related to their sexuality. A coalition of liberal groups had urged Ayotte to veto four bills in the “parental rights” package.
“Every Granite Stater deserves the freedom to control their bodies and to seek the health care they need free from government intrusion – period,” Courtney Reed, a policy advocate at the American Civil Liberties Union of New Hampshire, said in a statement. “These merciless, cruel, and endless legislative attacks against LGBTQ+ Granite Staters need to end.”
Democrats who voted against the bill argued it would prevent teenagers from talking to teachers and guidance counselors about personal matters out of fear that their parents would find out.
In August, the New Hampshire Supreme Court backed a Manchester school district policy of withholding gender identity information from parents.
The ruling stemmed from a lawsuit filed by a mother after discovering her child had asked to be referred to by a gender different than the one assigned to the student at birth. She argued the policy interfered with her right under the state’s constitution to raise and care for her child.
Ayotte signed another bill Tuesday to lift income eligibility caps for a popular school voucher program that diverts taxpayer money for students to attend private and religious schools and homeschooling.
The new law will gradually eliminate income eligibility requirements for the state’s Education Freedom Accounts, allowing every family to apply for scholarships under the program. The current limit is $109,200 for a family of four.
