Dear Oyster River Families,
 
We are writing to inform you of the School Board and administration’s recent decision to join a second federal lawsuit to protect our founding principles, mission, and values.

The ORCSD is committed to cultivating a safe and nurturing learning environment where diverse perspectives and uniqueness are celebrated. We seek to honor this commitment by offering a comprehensive education with a diverse range of educational opportunities and experiences. The ability to provide and apply resources and services that ensure all students succeed academically is crucial to the success of our district.

On June 27, 2025, Governor Ayotte signed House Bill 2 (HB 2) into law. This bill included statutory restrictions on Diversity, Equity, and Inclusion (DEI) which the legislature defined as any program, policy, training or initiative that classifies individuals based on characteristics including age, sex, gender identity, race, creed, color, marital status familial status, physical or mental disability or national origin (RSA 354-A:1) for the purpose of achieving demographic outcomes rather than treating individuals equally under the law.

The language of HB 2 directly contradicts our legal responsibility to meet our obligations under a wide range of preexisting laws that require school districts to improve learning outcomes for demographic groups. These include the Individuals with Disabilities Education Act (IDEA), Title I, and Title IX. Students under Section 504, specialized instruction for English for Speakers of Other Languages (ESOL), and students qualifying for Free & Reduced Lunch are also affected.

HB 2, as written, contains broad and ambiguous declarations of prohibited practices with no clearly defined expectations or guidance. In addition to these troubling restrictions, HB 2 grants the New Hampshire Department of Education (NHDOE) the unprecedented ability to immediately halt all sources of public funding without warning if a school or district, knowingly or unknowingly, fails to abide by any section of the anti-DEI provisions. HB 2 provides no due process to respond to violations and no chance for appeal.

In effect, the New Hampshire State Government is using financial force to impose an unclear directive regarding educational learning opportunities, despite its constitutional responsibility to provide adequate school funding without conditions.

Therefore, in a nonpublic meeting session on July 23, 2025, the ORCSD School Board voted 6-0 to join, as a plaintiff, the ACLU-NH legal action against the New Hampshire State Government regarding the anti-DEI statute within HB 2. This comes at no cost to the district.

We, along with other New Hampshire public school districts, cannot stand by as the state attempts to bypass its own legal responsibilities through the application of financial penalties. These determinations are subjective and unreviewable, and conflict with our legal and ethical responsibilities to our students.

We take seriously our civic responsibility to advocate for all students, staff, and families. We work hard to create the conditions in schools where everyone is respected, valued, and appreciated. We hope this legal action will defend our right to deliver a high-quality public school education and support a democratic, informed, and engaged community as we work together to protect our children’s future.

As the legal case moves forward in federal court, we will update the community on the implications of judicial review as it pertains to directives by the New Hampshire State Government and the NHDOE.
 
Respectfully,
 
Matt Bacon, Chair, ORCSD School Board
Dr. Robert Shaps, Superintendent of Schools