[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 768 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 768

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2013

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

_______________________________________________________________________

                                 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, 
Leadership, Learning, And Results Act of 2013'' or the ``STELLAR 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 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.

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:
            ``(11) Robust teacher and principal evaluations.--
                    ``(A) In general.--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 evaluations.--The 
                evaluation of a teacher's performance shall comply with 
                the following minimum requirements:
                            ``(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--
                                    ``(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 
                        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--
                                    ``(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 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, 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 evaluations.--The 
                evaluation of the performance of a principal of a 
                school shall comply with the following minimum 
                requirements:
                            ``(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).
                            ``(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.
                            ``(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) 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.
                            ``(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).
                            ``(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.''.
    (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''.

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 
                        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) 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 students 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 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 minority students 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 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))--
            (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.
                                 <all>