This is the crux of the matter:
> a scientific fact is observable and repeatable, and if it does not meet these criteria, it is a theory that is defined as speculation and is for higher education to explore, debate, and test to ultimately reach a scientific conclusion of fact or fiction.
And once he defined this
> . Requirements for science instruction in schools. (1) Science instruction may not include subject matter that is not scientific fact.
First, he gets words wrong, in science theory means "a carefully thought-out explanation for observations of the natural world that has been constructed using the scientific method, and which brings together many facts and hypotheses" -- source: https://www.fieldmuseum.org/blog/what-do-we-mean-theory-scie...
As for "scientific fact", there's simply no such thing. Source: https://blogs.scientificamerican.com/mind-guest-blog/im-a-sc...
Complete hogwash.