1 Short Title. This act shall be known as the Science in Education Act.

2 Statement of Findings. The general court finds that:

I. The term "evidence-based" is either poorly defined or undefined in both law and educational practice.

II. The scientific method relies on the concept of falsifiability and testing of theorems in properly designed experimentation to test truth claims.

III. The paramount metric and standard for evaluation of theorems is resistance to falsification by achieving repeatedly consistent results over multiple experiments.

IV. While peer review of studies has uses, including evaluating the proper design of studies, peer review alone has no weight in evaluating or falsifying truth claims. A rigorous scientific approach to education will give substantial weight to repeatability of studies confirming theorems of educational praxis while affording relatively little weight to peer review alone.

3 New Section; Adequate Public Education; Evidence-Based Methods Required. Amend RSA 193-E by inserting after section 1 the following new section:

193-E:1-a Evidence Based Methods Required.

I. For the purposes of this section, "evidence-based" shall exclude surveys and other subjective measurements such as reports of student progress and learning. "Evidence-based" means methods or techniques that meet at least one of the following requirements, without regard to peer review status:

(a) Reproducibility in multiple, well-designed studies within a single discipline.

(b) Independent confirmation by well-designed studies across multiple disciplines.

II. All methods of delivering public education by the state of New Hampshire and any political subdivision thereof shall be evidence-based, including educator training, policies, and any pedagogical methods attached to or accompanying curriculum, though not the curriculum itself. Evidence based methods shall apply to all educator training, policies, and the pedagogical aspects of newly adopted curriculum after the effective date of this section, as adopted by the department of education, local school districts, and any other regulatory body that may prescribe teaching methods. All such methods utilized in New Hampshire shall be conformed to this section immediately after the effective date, with the exception of methods used in professional preparation programs for educating teachers in post-secondary institutions. Methods used in professional preparation programs for educating teachers in post-secondary institutions shall be conformed to this section by three years after the effective date, unless an evidence-based method is used or implemented in such a program prior to such date, in which case all methods shall be conformed to this section immediately.

III. All professional preparation programs for educating teachers in post-secondary institutions shall require that educators are trained using evidence-based methods in accordance with this section. Evidence-based methods shall also be required for all pedagogical methods, trainings, and policies used in such professional preparation programs. In order to ensure post-secondary institution compliance with this section, the department of education shall conduct reviews of such programs in accordance with RSA 21-N:9, II(r). Any post-secondary institution found in non-compliance with this section shall be subject to the following penalties:

(a) Notification of non-compliance and a 90 day period to submit a corrective plan with the support of the department of education;

(b) Conditional approval of the program and required annual monitoring by the department of education to ensure compliance, including through requiring post-secondary institutions to submit quarterly reports detailing overall compliance;

(c) A program being in probationary status for a period of at most 6 months, during which time an institution shall be subject to enrollment restrictions and fined at most $5,000 for each instance of non-compliance; or

(d) A program losing its accreditation status until the determination by the state board of education that such program is in complete compliance with the requirements of this section.

IV. Any post-secondary institution found in non-compliance pursuant to paragraph III shall have the right to appeal such finding to the state board of education within 30 days of the issuance of a penalty. The state board of education shall review such finding for any procedural errors or arbitrary application of this section, and the decision of the state board of education shall be considered final.

V. Notwithstanding paragraph II, the department of education may approve limited participation in investigatory or experimental pedagogical methods that do not yet meet the evidence-based requirements of this section, provided such participation is conducted in a narrow context, such as a pilot program in select schools or districts, for a period not exceeding two years. During this period, evidence must be actively collected through well-designed studies aimed at establishing reproducibility or independent confirmation as described in paragraph II. Approval shall require a detailed plan for data collection, evaluation, and reporting.

VI. The department of education, all local school districts, and all professional preparation programs for educating teachers in post-secondary institutions shall furnish information on their use of "evidence-based" and what, if any, studies were relied upon in making the determination of suitability for policy, techniques, pedagogy, materials, education or training under this section upon receipt of such lawful request. Any use of the term, "evidence-based" by the department, school districts, or professional preparation programs that does not conform to the definition in paragraph I shall include a disclaimer in the same communication medium that such policy, technique, pedagogy, material, education, or training does not qualify as evidence-based.

VII. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this section.

4 Department of Education; Rulemaking; Professional Preparation Programs. Amend RSA 21-N:9, II(r) to read as follows:

(r) Professional preparation standards and approval of professional preparation programs for educating teachers in post-secondary institutions, as authorized by RSA 186:11, X.

5 Effective Date. This act shall take effect 60 days after its passage.

1 Short Title. This act shall be known as the Science in Education Act.

2 Statement of Findings. The general court finds that:

I. The term "evidence-based" is either poorly defined or undefined in both law and educational practice.

II. The scientific method relies on the concept of falsifiability and testing of theorems in properly designed experimentation to test truth claims.

III. The paramount metric and standard for evaluation of theorems is resistance to falsification by achieving repeatedly consistent results over multiple experiments.

IV. While peer review of studies has uses, including evaluating the proper design of studies, peer review alone has no weight in evaluating or falsifying truth claims. A rigorous scientific approach to education will give substantial weight to repeatability of studies confirming theorems of educational praxis while affording relatively little weight to peer review alone.

3 New Section; Adequate Public Education; Evidence-Based Methods Required. Amend RSA 193-E by inserting after section 1 the following new section:

193-E:1-a Evidence Based Methods Required.

I. For the purposes of this section, "evidence-based" shall exclude surveys and other subjective measurements such as reports of student progress and learning. "Evidence-based" means methods or techniques that meet at least one of the following requirements, without regard to peer review status:

(a) Reproducibility in multiple, well-designed studies within a single discipline.

(b) Independent confirmation by well-designed studies across multiple disciplines.

II. All methods of delivering public education by the state of New Hampshire and any political subdivision thereof shall be evidence-based, including educator training, policies, and any pedagogical methods attached to or accompanying curriculum, though not the curriculum itself. Evidence based methods shall apply to all educator training, policies, and the pedagogical aspects of newly adopted curriculum after the effective date of this section, as adopted by the department of education, local school districts, and any other regulatory body that may prescribe teaching methods. All such methods utilized in New Hampshire shall be conformed to this section immediately after the effective date, with the exception of methods used in professional preparation programs for educating teachers in post-secondary institutions. Methods used in professional preparation programs for educating teachers in post-secondary institutions shall be conformed to this section by three years after the effective date, unless an evidence-based method is used or implemented in such a program prior to such date, in which case all methods shall be conformed to this section immediately.

III. All professional preparation programs for educating teachers in post-secondary institutions shall require that educators are trained using evidence-based methods in accordance with this section. Evidence-based methods shall also be required for all pedagogical methods, trainings, and policies used in such professional preparation programs. In order to ensure post-secondary institution compliance with this section, the department of education shall conduct reviews of such programs in accordance with RSA 21-N:9, II(r). Any post-secondary institution found in non-compliance with this section shall be subject to the following penalties:

(a) Notification of non-compliance and a 90 day period to submit a corrective plan with the support of the department of education;

(b) Conditional approval of the program and required annual monitoring by the department of education to ensure compliance, including through requiring post-secondary institutions to submit quarterly reports detailing overall compliance;

(c) A program being in probationary status for a period of at most 6 months, during which time an institution shall be subject to enrollment restrictions and fined at most $5,000 for each instance of non-compliance; or

(d) A program losing its accreditation status until the determination by the state board of education that such program is in complete compliance with the requirements of this section.

IV. Any post-secondary institution found in non-compliance pursuant to paragraph III shall have the right to appeal such finding to the state board of education within 30 days of the issuance of a penalty. The state board of education shall review such finding for any procedural errors or arbitrary application of this section, and the decision of the state board of education shall be considered final.

V. Notwithstanding paragraph II, the department of education may approve limited participation in investigatory or experimental pedagogical methods that do not yet meet the evidence-based requirements of this section, provided such participation is conducted in a narrow context, such as a pilot program in select schools or districts, for a period not exceeding two years. During this period, evidence must be actively collected through well-designed studies aimed at establishing reproducibility or independent confirmation as described in paragraph II. Approval shall require a detailed plan for data collection, evaluation, and reporting.

VI. The department of education, all local school districts, and all professional preparation programs for educating teachers in post-secondary institutions shall furnish information on their use of "evidence-based" and what, if any, studies were relied upon in making the determination of suitability for policy, techniques, pedagogy, materials, education or training under this section upon receipt of such lawful request. Any use of the term, "evidence-based" by the department, school districts, or professional preparation programs that does not conform to the definition in paragraph I shall include a disclaimer in the same communication medium that such policy, technique, pedagogy, material, education, or training does not qualify as evidence-based.

VII. The department shall adopt rules pursuant to RSA 541-A to implement the provisions of this section.

4 Department of Education; Rulemaking; Professional Preparation Programs. Amend RSA 21-N:9, II(r) to read as follows:

(r) Professional preparation standards and approval of professional preparation programs for educating teachers in post-secondary institutions, as authorized by RSA 186:11, X.

(1) The establishment of compliance reviews, with the advice of the council for teacher education, for post-secondary institutions, to include on-site audits of the institutions;

(2) The enforcement of penalties pursuant to RSA 193-E:1-a, III; and

(3) The establishment and administration of an appeals process pursuant to RSA 193-E:1-a, IV.

5 Effective Date. This act shall take effect 60 days after its passage.