The Summersworth School Board voted on July 30 to join a prospective, ACLU-organized lawsuit challenging parts of New Hampshire’s House Bill 2 that board members said threaten programs aimed at improving outcomes for protected groups, including students with disabilities.
Board members said legal counsel coordinated by the American Civil Liberties Union is organizing the prospective suit and offered to represent participating districts at no cost. The board approved joining the prospective lawsuit by voice vote; members said the decision does not obligate the district to an immediate suit but signals participation in planning and coordination if the lawsuit is filed.
Superintendent John summarized the legal and fiscal concerns laid out in board materials: packet materials included the seven most pertinent pages from a longer bill file, and board members received an ACLU brief that the superintendent described as confidential. He said the prospective litigation is distinct from a separate federal lawsuit the district previously considered and that this New Hampshire challenge is ‘‘not filed yet’’ but is being organized now.
Board members raised the potential fiscal consequences should the state withhold funding. The superintendent told the board that the prospective state-level challenge places approximately $11 million at stake — roughly 30 percent of the district’s budget — and that a previously discussed federal lawsuit could jeopardize another $1 million to $2 million in federal funds. Board members described the combination as a potentially existential threat to district operations if funding were withheld.
The board’s concerns focused on language in HB 2 that board members and staff described as vague and potentially broad enough to classify special education or programs aimed at improving outcomes for identifiable groups as prohibited “DEI” activities. Board members asked whether the statute’s language would affect protections under federal civil-rights laws; the discussion referenced the Civil Rights Act of 1964, the Americans with Disabilities Act, Section 504 and IDEA as statutes with potential relevance.
One board member moved that the Summersworth School Board “stand with the lawsuit and that we join the prospective lawsuit that the ACLU is proposing,” and another board member seconded. Several board members spoke in support, noting Summersworth’s diverse student population and the district’s reliance on programs that seek equitable outcomes. One board member described the ACLU representation as providing “the best legal assistance arguably around, at no cost.”
District leaders said participation would require some superintendent time but would not demand significant staff resources, according to the summary provided by counsel in the board packet. The superintendent said next steps would be driven by the lawyers organizing the suit and that an announcement about participating districts could come within days if the suit is filed. The board chair said the district would not make an immediate public announcement beyond the public meeting but expected coordinated public communications alongside other districts if and when suit filings occur.
The motion to join the prospective lawsuit carried by voice vote. The board scheduled reporting and follow-up at the next regular school board meeting in late August and said more information would be shared through the district’s communications channels when available. Ending
Board members emphasized that the vote approves joining the organized, prospective legal effort and does not itself file suit. They also directed staff to cooperate with counsel and to report any developments to the board.