HB1287: relative to the definition of the term "evidence-based" within public education.

HB 1287-FN - AS INTRODUCED

2024 SESSION

24-2084

02/10

HOUSE BILL 1287-FN

AN ACT relative to the definition of the term "evidence-based" within public education.

SPONSORS: Rep. Belcher, Carr. 4; Rep. Sellers, Graf. 18; Rep. Gerhard, Merr. 25; Rep. Sirois, Hills. 32

COMMITTEE: Education

ANALYSIS

This bill defines "evidence-based" as applied to pedagogical methods and requires the department of education and all local school districts to conform with such definition in all communications.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2084

02/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the definition of the term "evidence-based" within public education.

Be it Enacted by the Senate and House of Representatives in General Court convened:

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

2 Legislative Findings. It is the intent of the general court that the term “evidence-based” is either poorly defined or undefined in both law and educational practice. The scientific method relies on the concept of falsifiability and testing of theorems in properly designed experimentation to test truth claims. The paramount metric and standard for evaluation of theorems is resistance to falsification by achieving repeatedly consistent results over multiple experiments. The general court believes that 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 rigorously 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; 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. All methods of delivering public education shall be evidence-based, including educator training, policies, and any pedagogical methods attached to or accompanying curriculum (though not to the content of the curriculum itself) adopted by the department of education, local school districts, and any other regulatory body that may prescribe teaching methods.

II. "Evidence-based" under this section shall exclude surveys and other self-reported data sets, and other subjective measurements such as reports of student progress and learning. "Evidence-based" under this section 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.

III. Any use of the term "evidence-based" in communications by the department or local school districts shall conform to the definition in paragraph II.

IV. The department and all local school districts shall make publicly available the scientific studies on which they relied to assure the methods meet the definition of "evidence-based." If the curriculum provider is a third party, the department or school board may require the provider to furnish it to them.

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

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

LBA

24-2084

11/29/23

HB 1287-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the definition of the term "evidence-based" within public education.

FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below

• Does this bill authorize new positions to implement this bill? [X] N/A

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable

METHODOLOGY:

The Department of Education states this bill defines “evidence based” for the purpose of requiring “evidence based” methods used to deliver public education in New Hampshire. The Department states this definition differs from the current federal definition of evidence based, which is the basis for many of the “evidence based” claims of educational providers and programs, and, on its face, appears to be more restrictive. The Department states it is uncertain how many of the current education programs and resources might fail to meet this more rigorous definition, and therefore states this bill’s impact on state and local school district expenditures is indeterminable.

AGENCIES CONTACTED:

Department of Education