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Debate over school mask authority: bill would bar local mandates except during governor-declared state of emergency
Summary
House Bill 361 would prohibit mandatory face-covering policies in K–12 public schools and charter schools unless the governor declares a state of emergency; proponents and opponents testified at length about health effectiveness, child development and local control.
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House Bill 361 would prohibit public school districts and charter public schools from adopting, enforcing or implementing mandatory face-covering (mask) policies for students except when the governor has declared a state of emergency.
Representative Kristen Noble introduced the bill and described it as a restoration of parental choice and a way to relieve local school boards from what she called a burdensome responsibility. Noble said decisions about masking in a pandemic should be made by the governor and state health officials, not by individual school boards, and that the bill would not prevent individuals from choosing to wear masks.
Supporters at the hearing said masking mandates harmed children’s speech and social development and were applied unevenly. Several public commenters — including a former Nashua school board member and classroom teachers — said masking requirements caused developmental and social harms for some students and argued the choice should rest with parents.
Opponents, including Representative Hope Damon Sullivan and Representative Timothy Horrigan, urged the committee to preserve local authority and professional judgment. Damon Sullivan, a retired health-care professional, said the science supporting masking to reduce disease transmission is strong and that local school officials, school nurses and public-health partners should be able to respond to local conditions without a requirement that a governor declare a state of emergency. Horrigan argued masks were an appropriate, if imperfect, tool during the COVID emergency and that districts should retain authority to require masks when needed.
Several senators and witnesses discussed middle-ground options — for example, directing decisions to school nurses or principals acting in consultation with local public-health authorities — rather than an absolute statewide ban on local mandates. Multiple witnesses also raised evidence and study-quality issues, and Representative Noble and others said the New Hampshire Department of Health and Human Services had advised that mask decisions be based on individual choice.
The committee took testimony from many parents, teachers and advocacy representatives on both sides of the question; the hearing closed after extended public testimony. The transcript records no committee vote on the measure during the hearing.

