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Long hearing on HB 324: parents, librarians, advocates split over limiting 'harmful' school materials

2508161 · March 5, 2025
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Summary

The committee conducted an extended hearing on HB 324, a bill that would change criminal‑statute exemptions and create a complaint-and-appeal process for material deemed harmful to minors in K–12 school libraries. Testimony from parents, librarians, civil‑liberties groups and authors highlighted sharply divided views.

The House Education Committee held a lengthy public hearing on House Bill 324, legislation that would remove the current exemption for K–12 public schools from certain obscenity statutes and establish a multi-step complaint and appeal process for materials deemed "harmful to minors" in school libraries and classrooms.

Sponsor Representative Glenn Cordelli said the bill is intended to provide parents a clear, staged process for raising concerns: a complaint to the principal, an appeal first to the superintendent and school board, and then a state‑level appeal to the State Board of Education. The bill also includes a civil-enforcement provision allowing damages and reasonable attorney fees where a final decision is not adhered to or when materials are improperly made available to minors.

Public testimony reflected a wide split: parents and parental-rights advocates described specific instances of sexually explicit images or descriptions in school material and urged a mechanism to remove age-inappropriate material. Several speakers, including parents and former school and library trustees, told the committee they had found books or digital materials they considered sexually explicit and unsuitable for minors.

Librarians, educators and free-speech advocates urged caution. Katherine Gatcomb, a librarian and parent with a master's in library and information science, asked the committee to vote ITL (inexpedient to legislate). She said school librarians follow collection-development policies, rely on professional reviews and use selection criteria to ensure materials are developmentally appropriate. "Books should be a mirror to your own experience," she said, adding that school libraries are often a lifeline for vulnerable students.

The ACLU's legal director, Joel Bissett, told the committee that New Hampshire already has a statute (RSA 571‑B) that addresses dissemination of harmful material to minors and cautioned that HB 324 may exceed constitutional standards by imposing state-level prohibitions and a state board remedy rather than relying on local standards. "If you're going to have a standard that applies in the K–12 context, it needs to be fully consistent with the obscenity standard," he said.

Other witnesses included authors and representatives from advocacy groups on both sides. Some testified that graphic novels and other titles used in schools carry literary value for older students but are inappropriate in elementary settings; others warned that vague standards can result in censorship and remove valuable resources for LGBTQ+ students and others who rely on affirming literature.

Committee members asked detailed questions about application to charter schools and private schools, the standard used to define "harmful to minors," and whether a statewide standard or local standards should govern. The committee did not take a final vote at the hearing; members indicated they would consider draft revisions and sought clarifications about overlap with existing law.

The committee hearing ran for multiple hours and included dozens of public witnesses; the record shows a broad split among parents, educators, librarians and civil-rights advocates.