I 

112TH CONGRESS 

1ST SESSION H. R. 1368 

To amend the Elementary and Secondary Education Act of 1965 to require 

the establishment of teacher evaluation programs. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 5, 2011 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing Teacher Ef5 fectiveness, Leadership, Learning, And Results Act of 

6 2011’’ or the ‘‘STELLAR Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


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1 (1) Effective teachers and principals are the 

2 backbone of our schools and the key to successful 

3 students. 

4 (2) Teachers and principals deserve our full 

5 support as they take on one of the most important 

6 and most challenging responsibilities—educating our 

7 children. 

8 (3) High-quality evaluations that provide mean9 ingful feedback are a crucial element to giving edu10 cators the support they need to successfully achieve 

11 at high levels. 

12 (4) Teachers and principals also deserve access 

13 to professional development opportunities so they 

14 can continue to learn and grow as educators. 

15 (5) Research shows that high-quality and effec16 tive teaching is the single most important school17 based factor impacting student learning. 

18 (6) In formal studies, including research high19 lighted in ‘‘The Widget Effect’’, nearly 75 percent of 

20 teachers reported that they have not received specific 

21 suggestions on how to improve classroom practices 

22 in annual evaluations. 

23 (7) Across all local educational agencies, only 

24 43 percent of teachers, including novice teachers 


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1 who may benefit the most from feedback, report that 

2 current evaluations systems are helpful. 

3 (8) Research also shows that school leadership 

4 quality is second only to teacher quality among 

5 school-related factors in its impact on student learn6 ing. 

7 (9) Strong school leadership is a key deter8 minant of whether schools can attract and retain ef9 fective teachers. 

10 (10) Principals set the direction and the vision 

11 for a school, and through inspirational leadership, 

12 can create a positive learning environment. 

13 (11) Constructive feedback specifying areas for 

14 improvement could be useful to both teachers and 

15 principals who are dedicated to growing profes16 sionally. 

17 (12) The most effective way to turn around a 

18 struggling school is through talented teachers and 

19 an inspirational principal. 

20 (13) Effective teachers and principals also de21 serve to be recognized for excellence and to receive 

22 commendations in areas of strong performance and 

23 improvement. 


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1 (14) Evaluations should give teachers and prin2 cipals the opportunity to foster mutually beneficial 

3 professional relationships. 

4 (15) Teachers and principals should provide 

5 input and contribute directly to designing, imple6 menting, and improving evaluation systems in their 

7 school districts. 

8 (16) High-quality teacher and principal evalua9 tions have the potential to be a powerful tool and 

10 should play a significant role in building a talented 

11 force of educators. 

12 (17) The goal of evaluation systems is to im13 prove individual, as well as whole school and district, 

14 teaching and leadership practices to benefit stu15 dents. 

16 SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS. 

17 (a) IN GENERAL.—Section 1111(b) of the Elemen18 tary and Secondary Education Act of 1965 (20 U.S.C. 

19 6311(b)) is amended by adding at the end the following: 

20 ‘‘(11) ROBUST TEACHER AND PRINCIPAL EVAL21 UATIONS.— 

22 ‘‘(A) IN GENERAL.—Not later than 5 years 

23 after the date of enactment of the STELLAR 

24 Act, each State plan shall include the following: 


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1 ‘‘(i) The statewide definitions of 

2 teacher and principal effectiveness that the 

3 State has established and not less than 4 

4 levels of performance ratings for teachers 

5 and for principals, including an effective 

6 rating and a highly effective rating, based 

7 on such definitions. 

8 ‘‘(ii) A demonstration that the State 

9 has developed, after taking input from and 

10 collaborating with, teachers and principals, 

11 a model teacher and principal evaluation 

12 program under which— 

13 ‘‘(I) individuals in charge of ad14 ministering teacher and principal eval15 uations within each local educational 

16 agency in the State are provided rig17 orous training on how to conduct the 

18 teacher and principal evaluations, in19 cluding— 

20 ‘‘(aa) how to provide specific 

21 feedback about improving teach22 ing and principal practice based 

23 on evaluation results; 

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1 formance ratings described in 

2 clause (i) and established under 

3 subparagraphs (B)(iii) and 

4 (C)(viii); and 

5 ‘‘(cc) a measure of student 

6 academic growth with respect to 

7 the State’s academic standards of 

8 the school’s students, including 

9 students in each of the subgroups 

10 described in paragraph 

11 (2)(C)(v)(II), and training on 

12 how to interpret such measure; 

13 ‘‘(II) a teacher or principal who 

14 is evaluated is provided, based on the 

15 evaluation results, professional devel16 opment opportunities that meet the 

17 specific needs identified for the teach18 er or principal, including mentorship 

19 programs that use highly effective 

20 teachers or principals as leaders or 

21 coaches; 

22 ‘‘(III) measures are taken to en23 sure that the results of personally 

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1 uations are not publicly disclosed, ex2 cept as required under subsection (h); 

3 ‘‘(IV) regular monitoring and as4 sessment of the quality, reliability, va5 lidity, fairness, consistency, and objec6 tivity of the evaluation program and 

7 the evaluators’ judgments takes place 

8 within and across local educational 

9 agencies in the State; 

10 ‘‘(V) each teacher’s performance 

11 is evaluated in accordance with sub12 paragraph (B); 

13 ‘‘(VI) each principal’s perform14 ance is evaluated in accordance with 

15 subparagraph (C); 

16 ‘‘(VII) on the basis of the evalua17 tion, each teacher or principal re18 ceives— 

19 ‘‘(aa) a performance rating, 

20 as described in clause (i), that is 

21 based on multiple measures; 

22 ‘‘(bb) in the case of a teach23 er, in addition to the measures 

24 required under subparagraph 

25 (B)— 


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1 ‘‘(AA) in a grade level 

2 and subject area with a 

3 statewide assessment, a 

4 measure of student learning 

5 gains that is comparable 

6 across the State for all 

7 teachers in grade levels and 

8 subject areas with a state9 wide assessment; or 

10 ‘‘(BB) in a grade level 

11 and subject area without a 

12 statewide assessment, a 

13 measure of student learning 

14 gains that is comparable 

15 across the local educational 

16 agency for all teachers in 

17 grade levels and subject 

18 areas without a statewide 

19 assessment; 

20 ‘‘(cc) ongoing formative 

21 feedback and specific rec22 ommendations on areas for pro23 fessional improvement, which in24 cludes an identification of areas 

25 in which the teacher or principal 


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1 can strengthen practices to im2 prove student learning; 

3 ‘‘(dd) commendations for ex4 cellence in areas of strong per5 formance and in areas of signifi6 cant improvement; and 

7 ‘‘(ee) in the case of a teach8 er or principal who is identified 

9 as being in 1 of the lowest 2 per10 formance ratings described in 

11 clause (i), a comprehensive reme12 diation plan within set time pa13 rameters not to exceed 1 year; 

14 ‘‘(VIII) evaluation results are 

15 clearly communicated to each teacher 

16 and principal, and the steps, goals, 

17 and requirements of a professional de18 velopment or remediation plan are 

19 clearly communicated to the teacher 

20 or principal; 

21 ‘‘(IX) evaluation results are the 

22 primary factor used in determining 

23 layoffs during any reduction in force; 

24 ‘‘(X) evaluation results are used 

25 to ensure that low-income students 


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1 and minority students are not as2 signed at higher rates than other stu3 dents to classes in core academic sub4 jects taught by teachers who have re5 ceived one of the two lowest evalua6 tion rates in their most recent evalua7 tion; 

8 ‘‘(XI) evaluation results are used 

9 as the principal factor in informing all 

10 key personnel and staffing decisions, 

11 including decisions with respect to 

12 tenure, promotion, and retention; 

13 ‘‘(XII) any teacher or principal 

14 who receives the lowest evaluation 

15 performance rating for 2 consecutive 

16 years is subject to dismissal; 

17 ‘‘(XIII) any teacher or principal 

18 who receives 1 of the lowest 2 per19 formance ratings and does not suc20 cessfully improve performance on an 

21 evaluation after completing the com22 prehensive remediation plan as re23 quired under subclause (VII)(ee) is 

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1 mentary school or secondary school 

2 served under this part; and 

3 ‘‘(XIV) a system is implemented 

4 under which every teacher and prin5 cipal is evaluated annually. 

6 ‘‘(iii) A demonstration that each local 

7 educational agency in the State has adopt8 ed a local educational agency-wide teacher 

9 and principal evaluation program that— 

10 ‘‘(I) was developed after seeking 

11 input from and collaborating with 

12 teachers and principals; 

13 ‘‘(II) meets the standards for va14 lidity and reliability developed by the 

15 State; and 

16 ‘‘(III) meets the minimum re17 quirements set forth in clause (ii). 

18 ‘‘(iv) A demonstration that each local 

19 educational agency in the State is seeking 

20 input from and collaborating with teachers 

21 and principals to make improvements to 

22 the evaluation program on an annual basis. 

23 ‘‘(v) An assurance that the State will, 

24 on a regular basis— 


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1 ‘‘(I) review the teacher and prin2 cipal evaluation systems used by the 

3 local educational agencies in the 

4 State, including— 

5 ‘‘(aa) comparing the teacher 

6 and principal evaluation results, 

7 for each agency and each agen8 cy’s schools, against the student 

9 academic achievement and stu10 dent growth in the agency and 

11 each agency’s schools; 

12 ‘‘(bb) assessing the extent to 

13 which each local educational 

14 agency’s existing system dem15 onstrates meaningful differentia16 tion among teacher performance 

17 levels and among principal per18 formance levels; and 

19 ‘‘(cc) comparing implemen20 tation and results across the 

21 evaluation systems of local edu22 cational agencies in the State to 

23 ensure— 

24 ‘‘(AA) comparability 

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1 mentation of such systems; 

2 and 

3 ‘‘(BB) that such sys4 tems meet the State’s cri5 teria or definitions for each 

6 of the terms described in 

7 clause (i); and 

8 ‘‘(II) provide technical assistance 

9 to improve an agency’s teacher and 

10 principal evaluation system so that 

11 the system provides meaningful dif12 ferentiation and is aligned with stu13 dent academic achievement and stu14 dent growth results in the agency and 

15 in each of the agency’s schools. 

16 ‘‘(vi) An assurance that beginning 3 

17 years after the date of enactment of the 

18 STELLAR Act, the State educational 

19 agency will submit to the Secretary an an20 nual report on implementation of the 

21 State’s evaluation programs. 

22 ‘‘(vii) An assurance that the State will 

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1 dent growth for each of the performance 

2 categories. 

3 ‘‘(viii) An assurance that the State is 

4 seeking input from teachers and principals 

5 on the effectiveness of methods measuring 

6 student growth and how to improve such 

7 methods. 

8 ‘‘(ix) An assurance that processes and 

9 procedures are established to ensure fair10 ness for nonprobationary teachers and 

11 principals facing loss of employment due to 

12 an ineffective rating in an evaluation pro13 gram. 

14 ‘‘(B) REQUIREMENTS FOR TEACHER EVAL15 UATIONS.—The evaluation of a teacher’s per16 formance shall comply with the following min17 imum requirements: 

18 ‘‘(i) STUDENT ACADEMIC GROWTH.— 

19 A predominant factor of the evaluation is 

20 based on student academic growth with re21 spect to the State’s academic standards, as 

22 measured by— 

23 ‘‘(I) student learning gains on 

24 the State’s academic assessments es25 tablished under paragraph (3) or, for 


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1 grades and subjects not covered by 

2 the State’s academic assessments, an3 other valid and reliable assessment of 

4 student academic achievement, as long 

5 as the assessment is used consistently 

6 by the local educational agency in 

7 which the teacher is employed for the 

8 grade or class for which the assess9 ment is administered; and 

10 ‘‘(II) if available, value-added 

11 measures that track individual stu12 dent academic growth while under the 

13 instruction of the teacher. 

14 ‘‘(ii) OBSERVATIONS OF TEACHER

15 PERFORMANCE.—A portion of the evalua16 tion is based on observations of the teach17 er’s performance in the classroom by more 

18 than 1 trained and objective observer— 

19 ‘‘(I) that take place on several 

20 occasions during the school year the 

21 teacher is being evaluated; and 

22 ‘‘(II) under which— 

23 ‘‘(aa) a teacher is evaluated 

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1 egories in alignment with the 

2 State’s professional standards for 

3 teachers; and 

4 ‘‘(bb) observation ratings 

5 meaningfully differentiate among 

6 teachers’ performance and bear a 

7 relationship to evidence of stu8 dent academic growth with re9 spect to the State’s academic 

10 standards. 

11 ‘‘(iii) MEANINGFUL DIFFERENTIA12 TION.—The evaluation provides perform13 ance ratings that meaningfully differen14 tiate among teacher performance using the 

15 performance ratings and levels described in 

16 subparagraph (A)(i). 

17 ‘‘(iv) COMPARABILITY OF STUDENT

18 GAINS.—The evaluation provides a meas19 ure of student learning gains that is com20 parable across the State for all teachers in 

21 grade levels and subject areas with a state22 wide assessment. 

23 ‘‘(v) COMPARABILITY OF RESULTS.— 

24 The evaluation provides results that are 

25 comparable, at a minimum, across all 


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1 teachers within a grade level or subject 

2 area in the local educational agency in 

3 which the teacher is employed. 

4 ‘‘(C) REQUIREMENTS FOR PRINCIPAL

5 EVALUATIONS.—The evaluation of the perform6 ance of a principal of a school shall comply with 

7 the following minimum requirements: 

8 ‘‘(i) STUDENT ACADEMIC GROWTH.— 

9 A predominant factor of the evaluation is 

10 based on student academic growth attain11 ment with respect to the State’s academic 

12 standards of the school’s students, includ13 ing students in each of the subgroups de14 scribed in paragraph (2)(C)(v)(II). 

15 ‘‘(ii) GRADUATING RATES.—For a 

16 principal of a secondary school, a portion 

17 of the evaluation is based on improvements 

18 in the school’s graduation rate, when appli19 cable, or in the case of a secondary school 

20 with a graduation rate of more than 90 

21 percent, the success of the principal in 

22 maintaining such graduation rate. 

23 ‘‘(iii) SUPPORT OF EFFECTIVE TEACH24 ERS.—A portion of the evaluation is based 


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1 on the recruitment, development, evalua2 tion, and retention of effective teachers. 

3 ‘‘(iv) LEADERSHIP ABILITIES.—A por4 tion of the evaluation is based on the lead5 ership abilities of the principal, as meas6 ured by observations of the principal and 

7 other relevant data evaluated against a rig8 orous rubric that defines multiple perform9 ance categories in alignment with the 

10 State’s professional standards for prin11 cipals. 

12 ‘‘(v) CONTENT OF OBSERVATION RAT13 INGS.—The observations described in 

14 clause (iv) provide observation ratings 

15 that— 

16 ‘‘(I) meaningfully differentiate 

17 among principals’ performance; and 

18 ‘‘(II) bear a strong relationship 

19 to evidence of student academic 

20 growth with respect to the State’s 

21 academic standards. 

22 ‘‘(vi) DESCRIPTION OF LEADERSHIP

23 ABILITIES.—The leadership abilities re24 ferred to in clause (iv) include the ability 

25 of the principal to— 


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1 ‘‘(I) create a shared and coherent 

2 schoolwide direction and policy for 

3 achieving high levels of student aca4 demic growth and closing achievement 

5 gaps among students; 

6 ‘‘(II) identify and implement the 

7 activities and rigorous curriculum nec8 essary for achieving high levels of stu9 dent academic growth; 

10 ‘‘(III) create opportunities for 

11 the community and families of stu12 dents to engage positively with school 

13 administrators and staff; 

14 ‘‘(IV) demonstrate knowledge of 

15 youth development appropriate to the 

16 age level served by the school; 

17 ‘‘(V) support positive learning 

18 environments for students; 

19 ‘‘(VI) cultivate a positive and col20 laborative work environment for 

21 school faculty and staff; 

22 ‘‘(VII) collect, analyze, and uti23 lize data and other tangible evidence 

24 of student learning and evidence of 

25 classroom practice to guide decisions 


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1 and actions for continuous improve2 ment and to ensure performance ac3 countability; 

4 ‘‘(VIII) effectively oversee and 

5 manage a teacher evaluation program 

6 that provides individualized feedback; 

7 ‘‘(IX) have strong organizational 

8 management of a school, including 

9 sound budget and personnel practices; 

10 ‘‘(X) understand the need for a 

11 supportive learning and social environ12 ment and provide access to specialized 

13 instructional support from school 

14 counselors, psychologists, and social 

15 workers in providing critical services 

16 to students; and 

17 ‘‘(XI) successfully complete a 

18 State-approved principal licensure 

19 program that builds on the skills, 

20 knowledge, and attitudes to effectively 

21 lead and inspire teachers and students 

22 and manage school operations. 

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1 tiate among principal performance using 

2 the performance ratings and levels de3 scribed in subparagraph (A)(i). 

4 ‘‘(viii) COMPARABILITY OF RE5 SULTS.—The evaluation provides results 

6 that are comparable across all principals 

7 within the local educational agency in 

8 which the principal is employed.’’. 

9 (b) ADDITIONAL STATE PLAN REQUIREMENTS.— 

10 Section 1111(b)(8)(C) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 6311(b)(8)(C)) is 

12 amended by inserting ‘‘or teachers who received a per13 formance rating under the evaluation system described in 

14 paragraph (11) that is below the effective level’’ after 

15 ‘‘teachers’’. 

16 SEC. 4. PUBLIC REPORTING. 

17 Section 1111(h) of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 6311(h)) is amended— 

19 (1) in paragraph (1)(C)— 

20 (A) in clause (vii), by striking ‘‘and’’ after 

21 the semicolon; 

22 (B) in clause (viii), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(ix) for each performance rating es2 tablished under clause (i), the number and 

3 percentage of teachers, and the number 

4 and percentage of principals, who received 

5 such performance rating, for— 

6 ‘‘(I) the State overall; 

7 ‘‘(II) the highest poverty and 

8 lowest poverty local educational agen9 cies; and 

10 ‘‘(III) the highest minority and 

11 lowest minority local educational 

12 agencies.’’; 

13 (2) in paragraph (2)(B)— 

14 (A) in clause (i)— 

15 (i) in subclause (I), by striking ‘‘and’’ 

16 after the semicolon; and 

17 (ii) by adding at the end the fol18 lowing: 

19 ‘‘(III) for each performance rat20 ing established under clause (i), the 

21 number and percentage of teachers, 

22 and the number and percentage of 

23 principals, who received such perform24 ance rating, for— 


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1 ‘‘(aa) the local educational 

2 agency overall; 

3 ‘‘(bb) the highest poverty 

4 and lowest poverty schools; and 

5 ‘‘(cc) the highest minority 

6 and lowest minority schools; 

7 and’’; and 

8 (B) in clause (ii)— 

9 (i) in subclause (I), by striking ‘‘and’’ 

10 after the semicolon; 

11 (ii) in subclause (II), by striking the 

12 period at the end and inserting ‘‘; and’’; 

13 and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(III) for each performance rat17 ing established under clause (i), the 

18 number and percentage of teachers at 

19 the school that received such perform20 ance rating.’’; 

21 (3) in paragraph (4)— 

22 (A) in subparagraph (F), by striking 

23 ‘‘and’’ after the semicolon; 


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1 (B) in subparagraph (G), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (C) by adding at the end the following: 

5 ‘‘(H) the information required to be re6 ported under paragraphs (1)(C)(ix) and 

7 (2)(B)(i)(III); and 

8 ‘‘(I) the overall student attendance rates, 

9 including truancy, graduation, and dropout 

10 rates, disaggregated by each school and each in11 dividual teacher and individual principal at each 

12 school under the jurisdiction of— 

13 ‘‘(i) the State educational agency; 

14 ‘‘(ii) the highest poverty and lowest 

15 poverty local educational agencies; 

16 ‘‘(iii) the highest minority and lowest 

17 minority local educational agencies; and 

18 ‘‘(iv) each local education agency, in19 cluding the highest and lowest poverty 

20 schools and the highest minority and low21 est minority schools under the jurisdiction 

22 of the agency.’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(7) DEFINITIONS.—For purposes of this sub25 section: 


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1 ‘‘(A) HIGHEST MINORITY.—The term 

2 ‘highest minority’ when used in relation to a 

3 school or local educational agency means a 

4 school or local educational agency that is in the 

5 highest quartile of schools or local educational 

6 agencies statewide in terms of the percentage of 

7 minority students served. 

8 ‘‘(B) HIGHEST POVERTY.—The term ‘high9 est poverty’ when used in relation to a school 

10 or local educational agency means a school or 

11 local educational agency that is in the highest 

12 quartile of schools or local educational agencies 

13 statewide in terms of the percentage of students 

14 who are certified as eligible for free or reduced 

15 price lunch under the Richard B. Russell Na16 tional School Lunch Act (42 U.S.C. 1751 et 

17 seq.). 

18 ‘‘(C) LOWEST MINORITY.—The term ‘low19 est minority’ when used in relation to a school 

20 or local educational agency means a school or 

21 local educational agency that is in the lowest 

22 quartile of schools or local educational agencies 

23 statewide in terms of the percentage of minority 

24 students served. 


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1 ‘‘(D) LOWEST POVERTY.—The term ‘low2 est poverty’ when used in relation to a school 

3 or local educational agency means a school or 

4 local educational agency that is in the lowest 

5 quartile of schools or local educational agencies 

6 statewide in terms of the percentage of students 

7 who are certified as eligible for free or reduced 

8 price lunch under the Richard B. Russell Na9 tional School Lunch Act (42 U.S.C. 1751 et 

10 seq.). 

11 ‘‘(E) STUDENT ACADEMIC GROWTH.—The 

12 term ‘student academic growth’ means the 

13 change in a student’s achievement between 2 or 

14 more points in time, as measured through an 

15 approach that is statistically rigorous and ap16 propriate for the knowledge and skills being 

17 measured.’’. 

18 SEC. 5. RECOGNITION OF LOCAL EDUCATIONAL AGENCIES. 

19 The Secretary of Education shall, based on the infor20 mation received from each local educational agency report 

21 card under section 1111(h)(2)(B)(i)(III) of the Elemen22 tary and Secondary Education Act of 1965 (20 U.S.C. 

23 6311(h)(2)(B)(i)(III))— 

24 (1) recognize and provide commendations to 

25 each local educational agency that implements or 


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1 has implemented innovative, high-quality, and effec2 tive teacher or principal evaluation programs that 

3 lead to professional development and improved stu4 dent performance; and 

5 (2) establish a clearinghouse in the Department 

6 of Education to share the best practices of such pro7 grams with educators. 

Æ 


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