House Budget: Ban on diversity, equity, and inclusion, despite ongoing legal challenges

April 8th, 2025

A late amendment that was introduced last week, without a public hearing or meaningful review or debate from the House Finance Committee, would ban “diversity, equity, and inclusion” in New Hampshire public schools and school contracts. 

The language is so broad that there is significant concern about what it would include. 

As written, it gives the Commissioner of Education the sole authority to determine whether a school “knowingly or unknowingly” violates the ban, to determine whether to withhold “all public funding,” and to determine when the school has rectified the violation and can receive public funding. There is no provision for a third-party review, appeal process, or check on the Commissioner’s authority. 

According to the amendment sponsors, the ban follows the orders of President Donald Trump’s Executive Orders (here and here) and Dear Colleague Letter that were signed in the past few months. Notably, the administration is facing numerous lawsuits challenging them, with a federal court in Maryland issuing a preliminary injunction halting implementation of several aspects of the Administration’s Executive Orders. 

What We Are Reading: 

• NHPR - As NH Republicans aim to ban DEI, disability advocates and others sound the alarm
• New Hampshire Bulletin - States ordered by U.S. Education Department to certify school DEI ban or lose funds
• Concord Monitor - House committee reverses vote, adopts prohibition on DEI activities and spending

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