[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 763 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 763

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 2011

    Mr. Lieberman (for himself, Mr. Brown of Massachusetts, and Ms. 
   Landrieu) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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 ``Securing Teacher Effectiveness, 
Leaders, Learning, And Results Act'' or the ``STELLAR Student 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) Research shows that high-quality and effective teaching 
        is the single most important school-based factor impacting 
        student learning.
            (4) High-quality evaluations that provide meaningful 
        feedback are a crucial element in giving educators the support 
        they need to help students achieve at high levels.
            (5) Teachers and principals also deserve access to high-
        quality professional development opportunities.
            (6) Constructive feedback specifying areas for improvement 
        could be useful to both teachers and principals.
            (7) 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 the teachers 
        improve and grow as instructors.
            (8) 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.
            (9) 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.
            (10) Research also shows that school leadership quality is 
        second only to teacher quality among school-related factors 
        that impact student learning.
            (11) Strong school leadership is a key determinant of 
        whether schools can attract and retain effective teachers. 
        Principals set the direction and the vision for a school.
            (12) Effective teachers and principals also deserve to be 
        recognized for excellence and receive commendations in areas of 
        strong performance and significant improvement.
            (13) 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.
            (14) Teachers and principals should provide input and 
        contribute directly to designing, implementing, and improving 
        evaluation systems in their school districts.
            (15) Students and parents deserve effective teachers and 
        inspirational principals who are performing to the best of 
        their ability and who are helping to close achievement gaps and 
        raise student achievement.

SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS.

    (a) Teacher and Principal Evaluations.--Section 1111(a) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(a)) is 
amended by adding at the end the following:
            ``(3) Report on teacher and principal evaluations.--For any 
        State desiring to receive a grant under this part, the State 
        educational agency shall submit to the Secretary not later than 
        1 year after the date of enactment of the Securing Teacher 
        Effectiveness, Leaders, Learning, And Results Act, a report 
        on--
                    ``(A) the system in the State of evaluating 
                teachers' and principals' performance; and
                    ``(B) how such evaluation factors into decisions on 
                tenure, compensation, promotion, and dismissals of 
                teachers and principals.''.
    (b) 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.--Not later than 4 years after the 
                date of enactment of the Securing Teacher 
                Effectiveness, Leaders, Learning, And Results Act, each 
                State shall carry out the following:
                            ``(i) Establish, after taking input from 
                        teachers and principals, a statewide definition 
                        of teacher and principal effectiveness that 
                        includes 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) Demonstrate that the State has 
                        developed, after taking input from 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 ratings 
                                        described in clause (i) and 
                                        established under subparagraphs 
                                        (B)(iii) and (C)(viii);
                                    ``(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 any personally identifiable 
                                information of teachers and principals 
                                is not publicly disclosed, except as 
                                required to comply with the reporting 
                                requirements of paragraph (1)(C)(ix), 
                                and clauses (i)(III) and (ii)(III) of 
                                paragraph (2)(B), of section 1111(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 
                                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, as described in clause 
                                        (i), that is based on multiple 
                                        measures;
                                            ``(bb) in the case of a 
                                        teacher--

                                                    ``(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 
                                                gains that is 
                                                comparable across the 
                                                local educational 
                                                agency for all teachers 
                                                in grade levels and 
                                                subject areas without a 
                                                statewide assessment;

                                            ``(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) 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);
                                            ``(ee) commendations for 
                                        excellence in areas of strong 
                                        performance and in areas of 
                                        significant improvement; and
                                            ``(ff) 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 1-
                                        year comprehensive remediation 
                                        plan;
                                    ``(VIII) evaluation results are 
                                used as the principal factor in 
                                informing all key personnel and 
                                staffing decisions, including 
                                retention, dismissal, promotion, 
                                compensation, and tenure;
                                    ``(IX) evaluation results are the 
                                primary factor used in determining 
                                layoffs during any reduction in force;
                                    ``(X) any teacher or principal who 
                                receives 1 of the lowest 2 performance 
                                ratings and does not successfully 
                                improve performance on an evaluation 
                                after completing the comprehensive 
                                remediation plan as required under 
                                subclause (VII)(ff) is prohibited from 
                                working in any elementary school or 
                                secondary school served under this 
                                part;
                                    ``(XI) any teacher or principal who 
                                receives the lowest performance rating 
                                for 3 consecutive years is subject to 
                                dismissal;
                                    ``(XII) evaluation results are used 
                                to ensure that low-income students and 
                                students of color are not assigned at 
                                higher rates than other students to 
                                classes in core academic subjects 
                                taught by teachers who have received 1 
                                of the 2 lowest evaluation rates in 
                                their most recent evaluation; and
                                    ``(XIII) a system is implemented 
                                under which each teacher and principal 
                                is evaluated at least annually.
                            ``(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 after seeking 
                                input from 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) Demonstrate that each local 
                        educational agency in the State is seeking 
                        input from teachers and principals to make 
                        improvements to the evaluation program on an 
                        annual basis.
                            ``(v) Submit, on a regular basis, to the 
                        Secretary a review of the teacher and principal 
                        evaluation systems used by the local 
                        educational agencies in the State, including--
                                    ``(I) comparing the teacher and 
                                principal evaluation results, for each 
                                local educational agency and each such 
                                agency's schools, against the student 
                                academic achievement and student 
                                academic growth in all local 
                                educational agencies in the State and 
                                all schools served by such local 
                                educational agencies;
                                    ``(II) assessing the extent to 
                                which each local educational agency's 
                                existing system demonstrates meaningful 
                                differentiation among teacher 
                                performance levels and among principal 
                                performance levels; and
                                    ``(III) comparing implementation 
                                and results across local educational 
                                agencies' evaluation systems 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).
                            ``(vi) 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.
                            ``(vii) Establish a timeline for 
                        implementation that--
                                    ``(I) ensures that measures of 
                                student academic growth, as described 
                                in subparagraphs (B)(i) and (C)(i), are 
                                developed not later than 2 years after 
                                the date of enactment of the Securing 
                                Teacher Effectiveness, Leaders, 
                                Learning, And Results Act;
                                    ``(II) ensures evaluation systems 
                                that meet the requirements of 
                                subparagraphs (B) and (C) are 
                                implemented statewide by not later than 
                                3 years after the date of enactment of 
                                such Act, except that such systems 
                                shall not have to meet the requirements 
                                under subclauses (VIII) through (XII) 
                                of clause (ii); and
                                    ``(III) ensures evaluation systems 
                                that meet all the requirements of this 
                                paragraph are fully implemented 
                                statewide by not later than 4 years 
                                after the date of enactment of such 
                                Act.
                            ``(viii) Submit to the Secretary an annual 
                        report on implementation of the State plan 
                        under this section and on meeting the timelines 
                        required under this section.
                            ``(ix) Publish a report each year showing 
                        the average estimate of teacher impact on 
                        student growth for each of the performance 
                        ratings described in clause (i).
                    ``(B) Requirements for teacher evaluations.--The 
                evaluation of a teacher's performance shall comply with 
                the following minimum requirements:
                            ``(i) Student academic growth.--The 
                        predominant factor of 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, 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 class for which the assessment 
                                is administered; and
                                    ``(II) if available, value-added 
                                measures that track individual student 
                                academic growth while under the 
                                instruction of the teacher.
                            ``(ii) Observations of teacher 
                        performance.--A portion of the evaluation is 
                        based on observations of the teacher's 
                        performance in the classroom by not less than 1 
                        trained and objective observer--
                                    ``(I) that take place on not less 
                                than 2 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.
                            ``(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).
                            ``(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.
                            ``(v) Comparability of results.--The 
                        evaluation provides results that are 
                        comparable, at a minimum, across all teachers 
                        within a grade level or subject area in 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) Student academic growth.--The 
                        predominant factor of 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) Graduating rates.--For a principal 
                        of a secondary school, a portion of the 
                        evaluation is based on improvements in the 
                        school's graduation rates.
                            ``(iii) Support of effective teachers.--A 
                        portion of the evaluation is based on the 
                        recruitment, development, evaluation, and 
                        retention of effective teachers.
                            ``(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.
                            ``(v) Student attendance rates.--A portion 
                        of the evaluation is based on student 
                        attendance rates, as calculated by the State or 
                        local educational agency.
                            ``(vi) Content of observation ratings.--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.
                            ``(vii) Description of leadership 
                        abilities.--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 and closing achievement 
                                gaps among students;
                                    ``(II) identify and implement the 
                                activities and rigorous curriculum 
                                necessary for achieving high 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.
                            ``(viii) Meaningful differentiation.--The 
                        evaluation provides performance ratings that 
                        meaningfully differentiate among principal 
                        performance using the performance ratings and 
                        levels described in subparagraph (A)(i).
                            ``(ix) Comparability of results.--The 
                        evaluation provides results that are comparable 
                        across all principals within the local 
                        educational agency in which the principal is 
                        employed.''.
    (c) 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 below the effective level'' after ``teachers''.
    (d) Evaluation Clearinghouse.--Section 1111(j) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311(j)) is amended--
            (1) by striking ``Assistance.--The'' and inserting the 
        following: Assistance; Clearinghouse on Evaluation Systems--
            ``(1) Technical Assistance.-- The''; and
            (2) by adding at the end the following:
            ``(2) Clearinghouse.--The Secretary shall establish a 
        clearinghouse in the Department to share the best practices 
        relating to teacher and principal evaluation, including best 
        practices and other information based on the reports described 
        in subsection (a)(3), the evaluation reviews described in 
        subsection (a)(11)(A)(v), and any other reports addressing 
        teacher and principal evaluation that are required under this 
        Act, with other educators.''.

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) 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 
                        described in subsection (a)(11)(A)(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 
                                described in subsection (a)(11)(A)(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 
                                described in subsection (a)(11)(A)(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 ``; 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 pupils who are members of ethnic or 
                racial minority groups.
                    ``(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.).
                    ``(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 pupils who are members of ethnic or 
                racial minority groups.
                    ``(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.).
                    ``(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.''.

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)), 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.

SEC. 6. REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Education shall prepare and submit a report to Congress 
that--
            (1) identifies any unnecessary or duplicative education-
        related reporting requirements and regulations facing States 
        and local educational agencies as a result of the amendments 
        made by this Act to section 1111 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311); and
            (2) includes the Secretary's recommendations regarding 
        streamlining or eliminating the requirements regarding highly 
        qualified teachers under sections 1119 and 9101(23) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319, 
        7801(23)) after the teacher evaluation system required under 
        section 1111 of such Act (20 U.S.C. 6311), as amended by this 
        Act, is fully implemented.
                                 <all>