New Hampshire Approves School Choice and Parental Rights Legislation

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Photo Credit: Unsplash/ National Cancer Institute

New Hampshire has enacted a comprehensive school choice and parental rights law, with Governor Kelly Ayotte signing the legislation into law on Tuesday.

The measures include House Bill 10, which establishes a parental bill of rights, and Senate Bill 295, which increases eligibility for education freedom accounts that help parents pay for private school tuition and related educational expenses.

House Bill 10 affirms that “No school may infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is necessary to achieve a compelling state interest, that such action is narrowly tailored, and that such interest is not otherwise served by less restrictive means.”

It also grants parents “the right to opt out of health or sex education and any other objectionable material,” and directs school districts to develop procedures for parents to object to instructional materials and withdraw their children from specific health or sexuality education programs if they submit written objections.

School districts are required to publish the parental bill of rights on their websites or in handbooks, and any parent who believes their rights have been violated can seek judicial relief.

The legislation also grants parents “the right to choose to enroll the minor child in an assigned resident public school, a public charter school, a non-public school, including a religious school, a home education program, or any other state-based education program, as authorized by law, as an alternative to public education.”

Senate Bill 295 aims to expand access to education freedom accounts by removing income restrictions, now allowing all students to qualify, and setting an enrollment cap of 10,000 students per fiscal year. These accounts enable parents to apply for scholarships that cover tuition and fees at private schools, online programs, tutoring, textbooks, school uniforms, and other educational expenses.

Ayotte's signing of the parental bill of rights comes at a time when school districts nationwide are facing lawsuits related to transparency and curriculum content involving transgender students and LGBT ideology. Several districts have been sued for withholding information about students’ gender identity wishes and for including sexually explicit material or LGBT topics in their curriculum.

In May, Texas Governor Greg Abbott signed a landmark school choice bill, claiming it would facilitate “the largest day-one school choice” program in the country.

Idaho also approved a $50 million school choice program in March, offering refundable tax credits of up to $5,000 for private and home-schoolers, further demonstrating a growing trend toward expanding school choice across various states.