House Republicans Revive Bill to Make Challenging “Obscene” School Books Easier
House Republican lawmakers are reviving legislation aimed at making it easier for parents to challenge and remove books in schools deemed “obscene,” following Gov. Kelly Ayotte’s veto of similar legislation earlier this year.
On Wednesday, the House Education Policy and Administration Committee voted 10-8 to recommend an amended version of Senate Bill 33. This bill would require school boards to adopt clear policies allowing parents to challenge books and other materials. However, unlike the previous, vetoed bill, the new proposal does not allow parents to appeal book removal decisions to the State Board of Education—a significant concession by its sponsors.
Additionally, the amended bill removes language regarding penalties against school districts that fail to comply. In the earlier version, the state attorney general, Department of Education, or any aggrieved parent could file a lawsuit if a district violated the required policies. The new bill also omits potential disciplinary actions against teachers found in violation of the proposed obscenity law.
Republican supporters argue the legislation will allow for quicker removal of content they consider obscene or pornographic. In contrast, Democrats say the bill threatens local school boards’ autonomy and could enable a small group of parents to remove books for all students.
**How the Complaint Process Would Work**
The proposed bill requires school boards to create a complaint resolution process for parents to object to materials they believe are obscene. Once a complaint is made, the school principal must investigate and decide within 15 days whether the content should be removed. Parents can appeal that decision to the local school board, which would have the final say.
This departs from House Bill 324, which allowed the State Board of Education—whose members are appointed by the Governor and Executive Council—to override school board decisions about content removal.
**Defining ‘Obscene’ Material**
Under the bill, “obscene” materials are defined as those depicting nudity, sexual content, sadomasochistic abuse, or sexual excitement, in a manner “patently offensive” to prevailing attitudes about what is appropriate for minors. Additionally, to be eligible for removal, material must predominantly appeal “to the prurient, shameful, or morbid interest of minors,” lack “serious literary, scientific, medical, artistic, or political value to minors,” and be “inappropriate to the age of the minors to whom it is being made available or presented.”
**Governor’s Veto and Remaining Concerns**
Governor Ayotte vetoed HB 324 in June, stating that state law already allows parents to opt their own children out of instructional material they disagree with as long as they provide an agreed-upon alternative. The committee’s changes aim to address some critics’ concerns, including the loss of local control highlighted by the New Hampshire School Boards Association. By removing language about civil actions against schools, the new bill also appears to tackle an objection raised in Ayotte’s veto message.
However, the changes may not satisfy all of the governor’s concerns. Ayotte has argued that because parents already have opt-out options, “the State of New Hampshire needs to, nor should it, engage in the role of addressing questions of literary value and appropriateness” of school materials.
**Debate in the Committee**
During Wednesday’s committee meeting, Democrats urged Republicans to follow the governor’s reasoning. “I completely oppose banning books in any form, and so I cannot possibly support something that suppresses free speech,” said Rep. Loren Selig (Durham).
Republicans countered with examples from existing school materials. “Nobody wants to look at some of the samples that we have tried to provide,” said Rep. Kristin Noble (Bedford). “Looking at that, it is unbelievable to me that anyone could think that that material was good for minors.”
**What’s Next**
The veto of HB 324 will be reconsidered by the House on December 17 and requires a two-thirds majority in both the House and Senate to be overridden. The amended version of SB 33 is scheduled to appear before the House on January 7.
https://vnews.com/2025/11/12/school-boards-face-parent-book-challenges/
