113 HR 768 IH: Securing Teacher Effectiveness, Leadership, Learning, And Results Act of 2013
U.S. House of Representatives
2013-02-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Securing Teacher Effectiveness,
Leadership, Learning, And Results Act of 2013
or the
STELLAR
Act
.
2.Congress finds the following:
(1)Effective teachers
and principals are the backbone of our schools and the key to successful
students.
(2)Teachers and
principals deserve our full support as they take on one of the most important
and most challenging responsibilities—educating our children.
(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.
(4)Teachers and
principals also deserve access to professional development opportunities so
they can continue to learn and grow as educators.
(5)Research shows
that high-quality and effective teaching is the single most important
school-based factor impacting student learning.
(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.
(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.
(8)Research also
shows that school leadership quality is second only to teacher quality among
school-related factors in its impact on student learning.
(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.
(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.
(11)Constructive
feedback specifying areas for improvement could be useful to both teachers and
principals who are dedicated to growing professionally.
(12)The most
effective way to turn around a struggling school is through talented teachers
and an inspirational principal.
(13)Effective
teachers and principals also deserve to be recognized for excellence and to
receive commendations in areas of strong performance and improvement.
(14)Evaluations
should give teachers and principals the opportunity to foster mutually
beneficial professional relationships.
(15)Teachers and
principals should provide input and contribute directly to designing,
implementing, and improving evaluation systems in their school
districts.
(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.
(17)The goal of evaluation systems is to
improve individual, as well as whole school and district, teaching and
leadership practices to benefit students.
3.Robust teacher
and principal evaluations
(a)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:
(11)Robust teacher
and principal evaluations
(A)Not later than 3 years after the date of enactment of the
STELLAR Act, each State plan shall include the following:
(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.
(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—
(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—
- (aa)how to identify areas for improvement and
provide specific feedback about improving teaching and principal practice based
on evaluation results;
- (bb)how
to evaluate teachers and principals using the performance ratings described in
clause (i) and established under subparagraphs (B)(iii) and (C)(viii);
- (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; and
- (dd)how to reliably and accurately rate
teachers using the State’s rigorous rubric that meets the requirements of
subparagraph (B)(ii)(II)(aa);
(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;
(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);
(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;
(V)each teacher’s
performance is annually evaluated in accordance with subparagraph (B);
(VI)each principal’s
performance is annually evaluated in accordance with subparagraph (C);
(VII)on the basis of
the evaluation, each teacher or principal receives—
- (aa)a
performance rating, as described in clause (i), that is based on multiple
measures;
- (bb)in
the case of a teacher, in addition to the measures required under subparagraph
(B)—
(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; or
(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;
- (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;
- (dd)commendations for
excellence in areas of strong performance and in areas of significant
improvement; and
- (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;
(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;
(IX)evaluation results are the primary factor
used in determining layoffs during any reduction in force;
(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;
(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;
(XII)any teacher or principal who receives the
lowest evaluation performance rating for 2 consecutive years is subject to
dismissal;
(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;
(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—
- (aa)in
a State-defined turnaround status; or
- (bb)in
the lowest 5 percent of schools based on its performance against State-defined
student achievement goals.
(iii)A demonstration
that each local educational agency in the State has adopted a local educational
agency-wide teacher and principal evaluation program that—
(I)was developed
after seeking input from and collaborating with teachers and principals;
(II)meets the
standards for validity and reliability developed by the State; and
(III)meets the
minimum requirements set forth in clause (ii).
(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.
(v)An
assurance that the State will, on a regular basis—
(I)review the teacher
and principal evaluation systems used by the local educational agencies in the
State, including—
- (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;
- (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;
- (cc)comparing
implementation and results across the evaluation systems of local educational
agencies in the State to ensure—
(AA)comparability
across the State in implementation of such systems; and
(BB)that such systems
meet the State’s criteria or definitions for each of the terms described in
clause (i); and
- (dd)assessing the extent to which each local
educational agency is using its evaluation system to inform major human
resource systems; and
(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.
(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.
(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.
(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.
(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.
(B)Requirements for
teacher evaluationsThe evaluation of a teacher’s performance
shall comply with the following minimum requirements:
(i)A significant factor
of the evaluation is based on student academic growth with respect to the
State’s academic standards, as measured by—
(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;
(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; and
(III)if available,
value-added measures that track individual student academic growth while under
the instruction of the teacher.
(ii)Observations of
teacher performanceA portion of the evaluation is based on
observations of the teacher’s performance in the classroom by more than 1
trained and objective observer—
(I)that take place on several occasions during
the school year in which the teacher is being evaluated; and
(II)under
which—
- (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); and
- (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.
(iii)Meaningful
differentiationThe evaluation provides performance ratings that
meaningfully differentiate among teacher performance using the performance
ratings and levels described in subparagraph (A)(i).
(iv)Comparability
of student gainsThe 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.
(v)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.
(C)Requirements for
principal evaluationsThe evaluation of the performance of a
principal of a school shall comply with the following minimum
requirements:
(i)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).
(ii)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.
(iii)Support of
effective teachersA portion of the evaluation is based on the
recruitment, development, evaluation, and retention of effective
teachers.
(iv)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.
(v)Content of
observation ratingsThe observations described in clause (iv)
provide observation ratings that—
(I)meaningfully
differentiate among principals’ performance; and
(II)bear a strong
relationship to evidence of student academic growth with respect to the State’s
academic standards.
(vi)Meaningful
differentiationThe evaluation provides performance ratings that
meaningfully differentiate among principal performance using the performance
ratings and levels described in subparagraph (A)(i).
(vii)The evaluation provides results that are comparable
across all principals within the local educational agency in which the
principal is
employed.
.
(b)Additional State
plan requirementsSection 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
.
4.Section 1111(h) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)) is
amended—
(1)in paragraph
(1)(C)—
(A)in clause (vii),
by striking and
after the semicolon;
(B)in clause (viii),
by striking the period at the end and inserting ; and
;
and
(C)by adding at the
end the following:
(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—
(I)the State
overall;
(II)the highest
poverty and lowest poverty local educational agencies; and
(III)the highest
minority and lowest minority local educational
agencies.
;
(2)in paragraph
(2)(B)—
(A)in clause
(i)—
(i)in
subclause (I), by striking and
after the semicolon; and
(ii)by
adding at the end the following:
(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—
- (aa)the
local educational agency overall;
- (bb)the
highest poverty and lowest poverty schools; and
- (cc)the
highest minority and lowest minority schools;
and
;
and
(B)in clause
(ii)—
(i)in
subclause (I), by striking and
after the semicolon;
(ii)in
subclause (II), by striking the period at the end and inserting ;
and
; and
(iii)by
adding at the end the following:
(III)for each
performance rating established under clause (i), the number and percentage of
teachers at the school that received such performance
rating.
;
(3)in paragraph
(4)—
(A)in subparagraph
(F), by striking and
after the semicolon;
(B)in subparagraph
(G), by striking the period at the end and inserting a semicolon; and
(C)by adding at the
end the following:
(H)the information
required to be reported under paragraphs (1)(C)(ix) and (2)(B)(i)(III);
and
(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—
(i)the State
educational agency;
(ii)the highest
poverty and lowest poverty local educational agencies;
(iii)the highest
minority and lowest minority local educational agencies; and
(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.
;
and
(4)by adding at the
end the following:
(7)For purposes of this subsection:
(A)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.
(B)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.).
(C)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.
(D)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.).
(E)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.
.
5.Recognition of
local educational agenciesThe
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))—
(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; and
(2)establish a
clearinghouse in the Department of Education to share the best practices of
such programs with educators.