HR 768 IHCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 768CommentsClose CommentsPermalink

To amend the Elementary and Secondary Education Act of 1965 to require the establishment of teacher evaluation programs.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 15, 2013CommentsClose CommentsPermalink

Mrs. DAVIS of California (for herself and Mr. POLIS) introduced the following bill; which was referred to the Committee on Education and the WorkforceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Elementary and Secondary Education Act of 1965 to require the establishment of teacher evaluation programs.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Securing Teacher Effectiveness, Leadership, Learning, And Results Act of 2013’ or the ‘STELLAR Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) Effective teachers and principals are the backbone of our schools and the key to successful students.CommentsClose CommentsPermalink





(2) Teachers and principals deserve our full support as they take on one of the most important and most challenging responsibilities--educating our children.CommentsClose CommentsPermalink





(3) High-quality evaluations that provide meaningful feedback are a crucial element to giving educators the support they need to successfully achieve at high levels.CommentsClose CommentsPermalink





(4) Teachers and principals also deserve access to professional development opportunities so they can continue to learn and grow as educators.CommentsClose CommentsPermalink





(5) Research shows that high-quality and effective teaching is the single most important school-based factor impacting student learning.CommentsClose CommentsPermalink





(6) In formal studies, including research highlighted in ‘The Widget Effect’, nearly 75 percent of teachers reported that they have not received specific suggestions on how to improve classroom practices in annual evaluations.CommentsClose CommentsPermalink





(7) Across all local educational agencies, only 43 percent of teachers, including novice teachers who may benefit the most from feedback, report that current evaluations systems are helpful.CommentsClose CommentsPermalink





(8) Research also shows that school leadership quality is second only to teacher quality among school-related factors in its impact on student learning.CommentsClose CommentsPermalink





(9) Strong school leadership is a key determinant of whether schools can attract and retain effective teachers particularly in high poverty schools, as research has found teachers’ satisfaction to be more influenced by the culture of the school than by the demographics of the school’s students.CommentsClose CommentsPermalink





(10) Principals set the direction and vision for a school, and studies find that strong instructional leadership and a focus on building a shared mission focused on student achievement can create a positive teaching and learning environment.CommentsClose CommentsPermalink





(11) Constructive feedback specifying areas for improvement could be useful to both teachers and principals who are dedicated to growing professionally.CommentsClose CommentsPermalink





(12) The most effective way to turn around a struggling school is through talented teachers and an inspirational principal.CommentsClose CommentsPermalink





(13) Effective teachers and principals also deserve to be recognized for excellence and to receive commendations in areas of strong performance and improvement.CommentsClose CommentsPermalink





(14) Evaluations should give teachers and principals the opportunity to foster mutually beneficial professional relationships.CommentsClose CommentsPermalink





(15) Teachers and principals should provide input and contribute directly to designing, implementing, and improving evaluation systems in their school districts.CommentsClose CommentsPermalink





(16) High-quality teacher and principal evaluations have the potential to be a powerful tool and should play a significant role in building a talented force of educators.CommentsClose CommentsPermalink





(17) The goal of evaluation systems is to improve individual, as well as whole school and district, teaching and leadership practices to benefit students.CommentsClose CommentsPermalink

SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS.

(a) In General- Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(11) ROBUST TEACHER AND PRINCIPAL EVALUATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 3 years after the date of enactment of the STELLAR Act, each State plan shall include the following:CommentsClose CommentsPermalink





‘(i) The statewide definitions of teacher and principal effectiveness that the State has established and not less than 4 levels of performance ratings for teachers and for principals, including an effective rating and a highly effective rating, based on such definitions.CommentsClose CommentsPermalink





‘(ii) A demonstration that the State has developed, after taking input from and collaborating with, teachers and principals, a model teacher and principal evaluation program under which--CommentsClose CommentsPermalink





‘(I) individuals in charge of administering teacher and principal evaluations within each local educational agency in the State are provided rigorous training on how to conduct the teacher and principal evaluations, including--CommentsClose CommentsPermalink

‘(aa) how to identify areas for improvement and provide specific feedback about improving teaching and principal practice based on evaluation results;CommentsClose CommentsPermalink

‘(bb) how to evaluate teachers and principals using the performance ratings described in clause (i) and established under subparagraphs (B)(iii) and (C)(viii);CommentsClose CommentsPermalink

‘(cc) a measure of student academic growth with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II), and training on how to interpret such measure; andCommentsClose CommentsPermalink

‘(dd) how to reliably and accurately rate teachers using the State’s rigorous rubric that meets the requirements of subparagraph (B)(ii)(II)(aa);CommentsClose CommentsPermalink

‘(II) a teacher or principal who is evaluated is provided, based on the evaluation results, professional development opportunities that meet the specific needs identified for the teacher or principal, including mentorship programs that use highly effective teachers or principals as leaders or coaches;CommentsClose CommentsPermalink





‘(III) measures are taken to ensure that the results of personally identifiable teacher and principal evaluations are not publicly disclosed, except as required under subsection (h);CommentsClose CommentsPermalink





‘(IV) regular monitoring and assessment of the quality, reliability, validity, fairness, consistency, and objectivity of the evaluation program and the evaluators’ judgments takes place within and across local educational agencies in the State;CommentsClose CommentsPermalink





‘(V) each teacher’s performance is annually evaluated in accordance with subparagraph (B);CommentsClose CommentsPermalink





‘(VI) each principal’s performance is annually evaluated in accordance with subparagraph (C);CommentsClose CommentsPermalink





‘(VII) on the basis of the evaluation, each teacher or principal receives--CommentsClose CommentsPermalink

‘(aa) a performance rating, as described in clause (i), that is based on multiple measures;CommentsClose CommentsPermalink

‘(bb) in the case of a teacher, in addition to the measures required under subparagraph (B)--CommentsClose CommentsPermalink

‘(AA) in a grade level and subject area with a statewide assessment, a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment; orCommentsClose CommentsPermalink

‘(BB) in a grade level and subject area without a statewide assessment, a measure of student learning comparable across the local educational agency for all teachers in the same grade without a statewide assessment for elementary schools and for all teachers in the same grade and subject area without a statewide assessment in secondary schools;CommentsClose CommentsPermalink

‘(cc) ongoing formative feedback and specific recommendations on areas for professional improvement, which includes an identification of areas in which the teacher or principal can strengthen practices to improve student learning;CommentsClose CommentsPermalink

‘(dd) commendations for excellence in areas of strong performance and in areas of significant improvement; andCommentsClose CommentsPermalink

‘(ee) in the case of a teacher or principal who is identified as being in 1 of the lowest 2 performance ratings described in clause (i), a comprehensive remediation plan within set time parameters not to exceed 1 year;CommentsClose CommentsPermalink

‘(VIII) evaluation results are clearly communicated to each teacher and principal, and the steps, goals, and requirements of a professional development or remediation plan are clearly communicated to the teacher or principal;CommentsClose CommentsPermalink





‘(IX) evaluation results are the primary factor used in determining layoffs during any reduction in force;CommentsClose CommentsPermalink





‘(X) evaluation results are used to ensure that low-income students and minority students are not assigned at higher rates than other students to classes in core academic subjects taught by teachers who have received one of the two lowest evaluation rates in their most recent evaluation;CommentsClose CommentsPermalink





‘(XI) evaluation results are used as the principal factor in informing all key personnel and staffing decisions, including decisions with respect to tenure, promotion, and retention;CommentsClose CommentsPermalink





‘(XII) any teacher or principal who receives the lowest evaluation performance rating for 2 consecutive years is subject to dismissal;CommentsClose CommentsPermalink





‘(XIII) any teacher or principal who receives the lowest performance rating and does not successfully improve performance on an evaluation after completing the comprehensive remediation plan as required under subclause (VII)(ee) is prohibited from working in any elementary school or secondary school served under this part;CommentsClose CommentsPermalink





‘(XIV) any teacher or principal who receives the second lowest performance rating and does not successfully improve performance on an evaluation after completing such comprehensive remediation plan is prohibited from working in any elementary school or secondary school--CommentsClose CommentsPermalink

‘(aa) in a State-defined turnaround status; orCommentsClose CommentsPermalink

‘(bb) in the lowest 5 percent of schools based on its performance against State-defined student achievement goals.CommentsClose CommentsPermalink

‘(iii) A demonstration that each local educational agency in the State has adopted a local educational agency-wide teacher and principal evaluation program that--CommentsClose CommentsPermalink





‘(I) was developed after seeking input from and collaborating with teachers and principals;CommentsClose CommentsPermalink





‘(II) meets the standards for validity and reliability developed by the State; andCommentsClose CommentsPermalink





‘(III) meets the minimum requirements set forth in clause (ii).CommentsClose CommentsPermalink





‘(iv) A demonstration that each local educational agency in the State is seeking input from and collaborating with teachers and principals to make improvements to the evaluation program on an annual basis.CommentsClose CommentsPermalink





‘(v) An assurance that the State will, on a regular basis--CommentsClose CommentsPermalink





‘(I) review the teacher and principal evaluation systems used by the local educational agencies in the State, including--CommentsClose CommentsPermalink

‘(aa) comparing the teacher and principal evaluation results, for each agency and each agency’s schools, against the student academic achievement and student growth in the agency and each agency’s schools;CommentsClose CommentsPermalink

‘(bb) assessing the extent to which each local educational agency’s existing system demonstrates meaningful differentiation among teacher performance levels and among principal performance levels;CommentsClose CommentsPermalink

‘(cc) comparing implementation and results across the evaluation systems of local educational agencies in the State to ensure--CommentsClose CommentsPermalink

‘(AA) comparability across the State in implementation of such systems; andCommentsClose CommentsPermalink

‘(BB) that such systems meet the State’s criteria or definitions for each of the terms described in clause (i); andCommentsClose CommentsPermalink

‘(dd) assessing the extent to which each local educational agency is using its evaluation system to inform major human resource systems; andCommentsClose CommentsPermalink

‘(II) provide technical assistance to improve an agency’s teacher and principal evaluation system so that the system provides meaningful differentiation and is aligned with student academic achievement and student growth results in the agency and in each of the agency’s schools.CommentsClose CommentsPermalink





‘(vi) An assurance that beginning 1 year after the date of enactment of the STELLAR Act, the State educational agency will submit to the Secretary an annual report on implementation of the State’s evaluation programs.CommentsClose CommentsPermalink





‘(vii) An assurance that the State will publish a report each year showing the average estimate of teacher impact on student growth for each of the performance categories.CommentsClose CommentsPermalink





‘(viii) An assurance that the State is seeking input from teachers and principals on the effectiveness of methods measuring student growth and how to improve such methods.CommentsClose CommentsPermalink





‘(ix) An assurance that processes and procedures are established to ensure fairness for nonprobationary teachers and principals facing loss of employment due to an ineffective rating in an evaluation program.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS FOR TEACHER EVALUATIONS- The evaluation of a teacher’s performance shall comply with the following minimum requirements:CommentsClose CommentsPermalink





‘(i) STUDENT ACADEMIC GROWTH- A significant factor of the evaluation is based on student academic growth with respect to the State’s academic standards, as measured by--CommentsClose CommentsPermalink





‘(I) in predominant part, student learning gains on the State’s academic assessments established under paragraph (3) or, for grades and subjects not covered by the State’s academic assessments, another valid and reliable assessment of student academic achievement as long as the assessment is used consistently by the local educational agency in which the teacher is employed for the grade or subject area for which the assessment is administered;CommentsClose CommentsPermalink





‘(II) at least one other valid and reliable measure of student academic achievement that is used consistently across the local educational agency in which the teacher is employed for the grade or subject area being measured; andCommentsClose CommentsPermalink





‘(III) if available, value-added measures that track individual student academic growth while under the instruction of the teacher.CommentsClose CommentsPermalink





‘(ii) OBSERVATIONS OF TEACHER PERFORMANCE- A portion of the evaluation is based on observations of the teacher’s performance in the classroom by more than 1 trained and objective observer--CommentsClose CommentsPermalink





‘(I) that take place on several occasions during the school year in which the teacher is being evaluated; andCommentsClose CommentsPermalink





‘(II) under which--CommentsClose CommentsPermalink

‘(aa) a teacher is evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for teachers and definition of teacher and principal effectiveness as specified in clause (i); andCommentsClose CommentsPermalink

‘(bb) observation ratings meaningfully differentiate among teachers’ performance and bear a relationship to evidence of student academic growth with respect to the State’s academic standards.CommentsClose CommentsPermalink

‘(iii) MEANINGFUL DIFFERENTIATION- The evaluation provides performance ratings that meaningfully differentiate among teacher performance using the performance ratings and levels described in subparagraph (A)(i).CommentsClose CommentsPermalink





‘(iv) COMPARABILITY OF STUDENT GAINS- The evaluation provides a measure of student learning gains that is comparable across the State for all teachers in grade levels and subject areas with a statewide assessment.CommentsClose CommentsPermalink





‘(v) COMPARABILITY OF RESULTS- The evaluation provides results that are comparable, at a minimum, across all teachers within a grade level or, for secondary schools, for all teachers within a grade level and subject area in the local educational agency in which the teacher is employed.CommentsClose CommentsPermalink





‘(C) REQUIREMENTS FOR PRINCIPAL EVALUATIONS- The evaluation of the performance of a principal of a school shall comply with the following minimum requirements:CommentsClose CommentsPermalink





‘(i) STUDENT ACADEMIC GROWTH- A significant factor of the evaluation is based on student academic growth attainment with respect to the State’s academic standards of the school’s students, including students in each of the subgroups described in paragraph (2)(C)(v)(II).CommentsClose CommentsPermalink





‘(ii) GRADUATION RATES- For a principal of a secondary school, a portion of the evaluation is based on improvements in the school’s graduation rate as defined in section 200.19(b) of title 34, Code of Federal Regulations as in effect on the date of enactment of this paragraph, when applicable, or in the case of a secondary school with a graduation rate of more than 90 percent, the success of the principal in maintaining such graduation rate.CommentsClose CommentsPermalink





‘(iii) SUPPORT OF EFFECTIVE TEACHERS- A portion of the evaluation is based on the recruitment, development, evaluation, and retention of effective teachers.CommentsClose CommentsPermalink





‘(iv) LEADERSHIP ABILITIES- A portion of the evaluation is based on the leadership abilities of the principal, as measured by observations of the principal and other relevant data evaluated against a rigorous rubric that defines multiple performance categories in alignment with the State’s professional standards for principals.CommentsClose CommentsPermalink





‘(v) CONTENT OF OBSERVATION RATINGS- The observations described in clause (iv) provide observation ratings that--CommentsClose CommentsPermalink





‘(I) meaningfully differentiate among principals’ performance; andCommentsClose CommentsPermalink





‘(II) bear a strong relationship to evidence of student academic growth with respect to the State’s academic standards.CommentsClose CommentsPermalink





‘(vi) MEANINGFUL DIFFERENTIATION- The evaluation provides performance ratings that meaningfully differentiate among principal performance using the performance ratings and levels described in subparagraph (A)(i).CommentsClose CommentsPermalink





‘(vii) COMPARABILITY OF RESULTS- The evaluation provides results that are comparable across all principals within the local educational agency in which the principal is employed.’.CommentsClose CommentsPermalink





(b) Additional State Plan Requirements- Section 1111(b)(8)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(8)(C)) is amended by inserting ‘or teachers who received a performance rating under the evaluation system described in paragraph (11) that is in the bottom 2 performance levels’ after ‘teachers’.CommentsClose CommentsPermalink

SEC. 4. PUBLIC REPORTING.

Section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1)(C)--CommentsClose CommentsPermalink





(A) in clause (vii), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in clause (viii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(ix) for each performance rating established under clause (i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for--CommentsClose CommentsPermalink





‘(I) the State overall;CommentsClose CommentsPermalink





‘(II) the highest poverty and lowest poverty local educational agencies; andCommentsClose CommentsPermalink





‘(III) the highest minority and lowest minority local educational agencies.’;CommentsClose CommentsPermalink





(2) in paragraph (2)(B)--CommentsClose CommentsPermalink





(A) in clause (i)--CommentsClose CommentsPermalink





(i) in subclause (I), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(III) for each performance rating established under clause (i), the number and percentage of teachers, and the number and percentage of principals, who received such performance rating, for--CommentsClose CommentsPermalink

‘(aa) the local educational agency overall;CommentsClose CommentsPermalink

‘(bb) the highest poverty and lowest poverty schools; andCommentsClose CommentsPermalink

‘(cc) the highest minority and lowest minority schools; and’; andCommentsClose CommentsPermalink

(B) in clause (ii)--CommentsClose CommentsPermalink





(i) in subclause (I), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subclause (II), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(III) for each performance rating established under clause (i), the number and percentage of teachers at the school that received such performance rating.’;CommentsClose CommentsPermalink





(3) in paragraph (4)--CommentsClose CommentsPermalink





(A) in subparagraph (F), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (G), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(H) the information required to be reported under paragraphs (1)(C)(ix) and (2)(B)(i)(III); andCommentsClose CommentsPermalink





‘(I) the overall student attendance rates, including truancy, graduation, and dropout rates, disaggregated by each school and each individual teacher and individual principal at each school under the jurisdiction of--CommentsClose CommentsPermalink





‘(i) the State educational agency;CommentsClose CommentsPermalink





‘(ii) the highest poverty and lowest poverty local educational agencies;CommentsClose CommentsPermalink





‘(iii) the highest minority and lowest minority local educational agencies; andCommentsClose CommentsPermalink





‘(iv) each local education agency, including the highest and lowest poverty schools and the highest minority and lowest minority schools under the jurisdiction of the agency.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(7) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink





‘(A) HIGHEST MINORITY- The term ‘highest minority’ when used in relation to a school or local educational agency means a school or local educational agency that is in the highest quartile of schools or local educational agencies statewide in terms of the percentage of minority students served.CommentsClose CommentsPermalink





‘(B) HIGHEST POVERTY- The term ‘highest poverty’ when used in relation to a school or local educational agency means a school or local educational agency that is in the highest quartile of schools or local educational agencies statewide in terms of the percentage of students who are certified as eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).CommentsClose CommentsPermalink





‘(C) LOWEST MINORITY- The term ‘lowest minority’ when used in relation to a school or local educational agency means a school or local educational agency that is in the lowest quartile of schools or local educational agencies statewide in terms of the percentage of minority students served.CommentsClose CommentsPermalink





‘(D) LOWEST POVERTY- The term ‘lowest poverty’ when used in relation to a school or local educational agency means a school or local educational agency that is in the lowest quartile of schools or local educational agencies statewide in terms of the percentage of students who are certified as eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).CommentsClose CommentsPermalink





‘(E) STUDENT ACADEMIC GROWTH- The term ‘student academic growth’ means the change in a student’s achievement between 2 or more points in time, as measured through an approach that is statistically rigorous and appropriate for the knowledge and skills being measured.’.CommentsClose CommentsPermalink

SEC. 5. RECOGNITION OF LOCAL EDUCATIONAL AGENCIES.

The Secretary of Education shall, based on the information received from each local educational agency report card under section 1111(h)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)(B)(i)(III))--CommentsClose CommentsPermalink





(1) recognize and provide commendations to each local educational agency that implements or has implemented innovative, high-quality, and effective teacher or principal evaluation programs that lead to professional development and improved student performance; andCommentsClose CommentsPermalink





(2) establish a clearinghouse in the Department of Education to share the best practices of such programs with educators.CommentsClose CommentsPermalink