An ongoing lawsuit against the anti-DEI legislature, New Hampshire’s budget bill (HB 2), managed to temporarily block the law on September 4. The New Hampshire Bulletin states that the legislature bans DEI-based programs and training in New Hampshire schools. The recently passed block applies to “K-12 public schools, public and private universities, and public entities,” according to the American Civil Liberties Union (ACLU) of New Hampshire, and lasts two weeks, expiring on September 18.
The court issued a statement saying, “At this provisional stage—and especially in light of (1) the impending September 5 certification deadline for K-12 schools that the department of education continues to insist upon, (2) the complete lack of any authority known to the court or the parties that would permit the department to insist on that deadline, and (3) the crippling penalties facing schools for even ‘unknowing’ noncompliance with the anti-DEI laws—the court finds that all of these factors weigh in favor of a TRO pending a decision on plaintiffs’ preliminary injunction motion.”
In previous Equinox reporting, both Dottie Morris, the associate vice president for community and belonging, and Gilles Bissonette, the legal director for the ACLU of New Hampshire, expressed the importance of DEI in schools. If the lawsuit is ultimately successful, schools would be allowed to change their branding to include DEI once again.
The anti-DEI legislature was first put into motion at the start of July. At Keene, the office formerly known as Diversity, Equity and Inclusion was rebranded as Community and Belonging under the legislature.
Bissonette shared his hopes and plans going forward as the lawsuit presses on in court.
“We would expect resolution on the preliminary injunction by September 18,” Bissonette said. “Right now, we’re very pleased with the temporary restraining order, but we’ll have to wait and see if the preliminary injunction is allowed.”
When asked about what would be the course of action if the preliminary injunction is not permitted, Bissonette said that “we don’t make those moves until the time comes” and that he and his team will “have to wait and see.”
Furthermore, Bissonette went on to say that Morris was “certainly aware” of the motion but could not provide further details due to being his client in the ongoing lawsuit.
Other members of the team have shared their opinions on the matter, as well. Devon Chaffee, who works as the executive director of the ACLU of New Hampshire, stated, “Temporarily blocking this law for most public school districts means that, as we go into a new school year, the court is protecting our academic freedom, the free speech rights of educators, and the right of New Hampshire students to have an inclusive education,” according to the ACLU Press Release.
Zoe Brennan-Krohn, who is the director of the ACLU Disability Rights Program, stated, “Students with disabilities in New Hampshire are entitled to special education services, inclusion and accessibility, all of which were targeted by this law. While we await a preliminary injunction decision, this temporary order rightly recognizes New Hampshire’s law as an expansive and illegal assault on the rights of all students, including students with disabilities.”
Brennan-Kohn continued, “The state cannot undermine the rights and protections enshrined by federal disability rights laws. We’ll keep fighting to ensure no student is denied equal access to their education under this law,” according to the ACLU Press Release.
Disability services can also fall under the DEI initiatives that the legislature is banning. The ACLU website elaborates on ways in which students with disabilities can be personally affected by erasing DEI services: “Accessibility expands opportunities for individuals of all abilities by removing physical, technological, and systemic barriers that may prevent full participation in society through reasonable accommodations, inclusive work and public spaces, and more.”
Chloe Erno can be contacted at
cerno@kscequinox.com
