[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6274 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6274

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

   Mrs. Davis of California (for herself and Mr. Polis of Colorado) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing in New and Supportive 
Pathways to Improve and Reward Educators in our Schools Act'' or the 
``INSPIRES Act''.

SEC. 2. FINDINGS.

    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 is a crucial element to giving educators the support 
        they need to be successful.
            (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. Effective teachers are also crucial to 
        turning around struggling schools.
            (6) Although research also suggests that quality teacher 
        evaluations are an important tool in improving teacher 
        performance, for many teachers, the current evaluation systems 
        do not provide useful feedback that would help them improve and 
        grow as instructors.
            (7) 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.
            (8) Across all local educational agencies, only 43 percent 
        of teachers, including novice teachers who may benefit the most 
        from suggestions, report that current evaluations systems help 
        them.
            (9) Research also shows that school leadership quality is 
        second only to teacher quality among school-related factors 
        that impact student learning.
            (10) Strong school leadership is a key determinant of 
        whether schools can attract and retain effective teachers.
            (11) Principals set the direction and the vision for a 
        school, and through inspirational leadership, can create a 
        positive learning environment.
            (12) Constructive feedback specifying areas for improvement 
        could be useful to both teachers and principals who are 
        dedicated to growing professionally.
            (13) The most effective way to turn around a struggling 
        school is through talented teachers and an inspirational 
        principal.
            (14) Effective teachers and principals also deserve to be 
        recognized for excellence and receive commendations in areas of 
        strong performance and improvement.
            (15) Evaluations should give teachers and principals the 
        opportunity to foster mutually beneficial professional 
        relationships.
            (16) Positive working relationships between principals and 
        teachers are an important element of an effective school.
            (17) Teachers and principals should provide input and 
        contribute directly to designing, implementing, and improving 
        evaluation systems in their school districts.
            (18) High-quality teacher and principal evaluations have 
        the potential to be a powerful tool and should play a 
        significant role in improving the public education system.
            (19) Students and parents deserve effective teachers and 
        inspirational principals who are performing to the best of 
        their ability and who are constantly developing professionally.

SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS.

    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) In general.--Each State plan shall carry out 
                the following:
                            ``(i) Establish definitions of teacher and 
                        principal effectiveness and performance 
                        ratings.
                            ``(ii) Demonstrate that the State has 
                        developed, in partnership and in collaboration 
                        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 provide 
                                        specific feedback about 
                                        improving teaching and 
                                        principal practice based on 
                                        evaluation results; and
                                            ``(bb) how to evaluate 
                                        teachers and principals using 
                                        the performance categories 
                                        established under subparagraphs 
                                        (B)(iv) and (C)(vii);
                                    ``(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;
                                    ``(III) measures are taken to 
                                ensure that the results of personally 
                                identifiable teacher and principal 
                                evaluations are not publicly disclosed;
                                    ``(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 
                                evaluated in accordance with 
                                subparagraph (B);
                                    ``(VI) each principal's performance 
                                is evaluated in accordance with 
                                subparagraph (C);
                                    ``(VII) on the basis of the 
                                evaluation, each teacher or principal, 
                                receives--
                                            ``(aa) a performance rating 
                                        based on multiple measures;
                                            ``(bb) 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;
                                            ``(cc) commendations for 
                                        excellence in areas of strong 
                                        performance and in areas of 
                                        improvement; and
                                            ``(dd) in the case of a 
                                        teacher or principal who is 
                                        identified as being in one of 
                                        the lowest 2 performance 
                                        categories established under 
                                        subparagraph (B)(iv) or 
                                        (C)(vii), a comprehensive 
                                        remediation plan within set 
                                        time parameters;
                                    ``(VIII) evaluation results are 
                                used to inform all key personnel and 
                                staffing decisions;
                                    ``(IX) any teacher or principal who 
                                receives an unsatisfactory evaluation 
                                and does not successfully improve his 
                                or her performance on an evaluation 
                                after completing the comprehensive 
                                remediation plan as required under 
                                subclause (VII)(dd) is prohibited from 
                                working in any elementary school or 
                                secondary school served under this 
                                part; and
                                    ``(X) a system is implemented under 
                                which every teacher and principal is 
                                evaluated every year beginning not 
                                later than 2 years after the effective 
                                date of this paragraph.
                            ``(iii) Demonstrate that each local 
                        educational agency in the State has adopted a 
                        local educational agency-wide teacher and 
                        principal evaluation program that--
                                    ``(I) was developed in partnership 
                                and in collaboration 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 paragraph 
                                (ii).
                            ``(iv) Demonstrate that each local 
                        educational agency in the State is actively 
                        seeking input from and collaborating with 
                        teachers and principals to make improvements to 
                        the evaluation program on an annual basis.
                    ``(B) Requirements for teacher evaluations.--The 
                evaluation of a teacher's performance shall comply with 
                the following minimum requirements:
                            ``(i) A predominant factor in the 
                        evaluation is student academic growth with 
                        respect to the State's academic standards, as 
                        measured by--
                                    ``(I) student learning gains on the 
                                State's academic assessments 
                                established under paragraph (3) or 
                                another assessment of student academic 
                                achievement, as long as the assessment 
                                is the same for all students in the 
                                local educational agency in which the 
                                teacher is employed; and
                                    ``(II) if available, value-added 
                                measures that track individual student 
                                academic growth while under the 
                                instruction of the teacher.
                            ``(ii) 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--
                                    ``(I) that take place on several 
                                occasions during the school year 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
                                            ``(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.
                            ``(iv) The evaluation provides ratings that 
                        meaningfully differentiate among teacher 
                        performance using at least 4 performance 
                        categories.
                            ``(v) The evaluation provides results that 
                        are comparable across all teachers within the 
                        local educational agency in which the teacher 
                        is employed.
                    ``(C) Requirements for principal evaluations.--The 
                evaluation of the performance of a principal of a 
                school shall comply with the following minimum 
                requirements:
                            ``(i) A predominant factor in the 
                        evaluation is 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).
                            ``(ii) For a principal of a secondary 
                        school, a portion of the evaluation is based on 
                        the school's graduation rates.
                            ``(iii) A 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) The 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) The leadership abilities referred to 
                        in clause (iv) include the ability of the 
                        principal to--
                                    ``(I) create a shared and coherent 
                                schoolwide direction and policy for 
                                achieving high levels of student 
                                academic growth;
                                    ``(II) identify and implement the 
                                activities and rigorous curriculum 
                                necessary for achieving such levels of 
                                student academic growth;
                                    ``(III) create opportunities for 
                                the community and families of students 
                                to engage positively with school 
                                administrators and staff;
                                    ``(IV) support positive learning 
                                environments for students;
                                    ``(V) cultivate a positive and 
                                collaborative work environment for 
                                school faculty and staff;
                                    ``(VI) collect, analyze, and 
                                utilize data and other tangible 
                                evidence of student learning and 
                                evidence of classroom practice to guide 
                                decisions and actions for continuous 
                                improvement and to ensure performance 
                                accountability;
                                    ``(VII) effectively oversee and 
                                manage a teacher evaluation program 
                                that provides individualized feedback; 
                                and
                                    ``(VIII) have strong organizational 
                                management of a school, including sound 
                                budget and personnel practices.
                            ``(vii) The evaluation provides ratings 
                        that meaningfully differentiate among principal 
                        performance using at least 4 performance 
                        categories.
                            ``(viii) The evaluation provides results 
                        that are comparable across all principals 
                        within the local educational agency in which 
                        the principal is employed.''.

SEC. 4. PUBLIC REPORTING.

    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) by striking ``and'' at the end of clause (vii);
                    (B) by striking the period at the end of clause 
                (viii) and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(ix) the number and percentage of 
                        teachers and principals in each performance 
                        category established under subsection 
                        (b)(11)(B)(iv) or subsection (b)(11)(C)(vii), 
                        as applicable 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)(i)--
                    (A) by striking ``and'' at the end of subclause 
                (I); and
                    (B) by adding at the end the following:
                                    ``(III) the number and percentage 
                                of teachers and principals in each 
                                performance category established under 
                                subsection (b)(11)(B)(iv) or subsection 
                                (b)(11)(C)(vii), as applicable 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'';
            (3) in paragraph (4)--
                    (A) by striking ``and'' at the end of subparagraph 
                (F);
                    (B) by striking the period at the end of 
                subparagraph (G) and inserting ``and''; 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
            (4) by adding at the end the following:
            ``(7) Definitions.--For purposes of this subsection:
                    ``(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 pupils served.
                    ``(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 pupils who are certified as eligible for 
                free or reduced price lunch under the school lunch 
                program established under the Richard B. Russell 
                National School Lunch Act.
                    ``(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 pupils served.
                    ``(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 pupils who are certified as eligible for 
                free or reduced price lunch under the school lunch 
                program established under the Richard B. Russell 
                National School Lunch Act.''.

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)--
            (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.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded school or local educational agency employees under 
Federal, State, or local laws (including applicable regulations or 
court orders) or under the terms of collective bargaining agreements, 
memoranda of understanding, or other agreements between such employees 
and their employers existing as of the date of the enactment of this 
Act.

SEC. 7. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect 
not later than 4 years after the date of the enactment of this Act.
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