I 

111TH CONGRESS 

2D SESSION H. R. 6274 

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

the establishment of teacher evaluation programs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mrs. DAVIS of California (for herself and Mr. POLIS of Colorado) introduced 

the following bill; which was referred to the Committee on Education and 

Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to require the establishment of teacher evaluation programs. 

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 ‘‘Investing in New and 

5 Supportive Pathways to Improve and Reward Educators 

6 in our Schools Act’’ or the ‘‘INSPIRES 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 is a crucial element to giving edu10 cators the support they need to be successful. 

11 (4) Teachers and principals also deserve access 

12 to professional development opportunities so they 

13 can continue to learn and grow as educators. 

14 (5) Research shows that high-quality and effec15 tive teaching is the single most important school16 based factor impacting student learning. Effective 

17 teachers are also crucial to turning around strug18 gling schools. 

19 (6) Although research also suggests that quality 

20 teacher evaluations are an important tool in improv21 ing teacher performance, for many teachers, the cur22 rent evaluation systems do not provide useful feed23 back that would help them improve and grow as in24 structors. 


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1 (7) In formal studies, including research high2 lighted in ‘‘The Widget Effect’’, nearly 75 percent of 

3 teachers reported that they have not received specific 

4 suggestions on how to improve classroom practices 

5 in annual evaluations. 

6 (8) Across all local educational agencies, only 

7 43 percent of teachers, including novice teachers 

8 who may benefit the most from suggestions, report 

9 that current evaluations systems help them. 

10 (9) Research also shows that school leadership 

11 quality is second only to teacher quality among 

12 school-related factors that impact student learning. 

13 (10) Strong school leadership is a key deter14 minant of whether schools can attract and retain ef15 fective teachers. 

16 (11) Principals set the direction and the vision 

17 for a school, and through inspirational leadership, 

18 can create a positive learning environment. 

19 (12) Constructive feedback specifying areas for 

20 improvement could be useful to both teachers and 

21 principals who are dedicated to growing profes22 sionally. 

23 (13) The most effective way to turn around a 

24 struggling school is through talented teachers and 

25 an inspirational principal. 


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1 (14) Effective teachers and principals also de2 serve to be recognized for excellence and receive 

3 commendations in areas of strong performance and 

4 improvement. 

5 (15) Evaluations should give teachers and prin6 cipals the opportunity to foster mutually beneficial 

7 professional relationships. 

8 (16) Positive working relationships between 

9 principals and teachers are an important element of 

10 an effective school. 

11 (17) Teachers and principals should provide 

12 input and contribute directly to designing, imple13 menting, and improving evaluation systems in their 

14 school districts. 

15 (18) High-quality teacher and principal evalua16 tions have the potential to be a powerful tool and 

17 should play a significant role in improving the public 

18 education system. 

19 (19) Students and parents deserve effective 

20 teachers and inspirational principals who are per21 forming to the best of their ability and who are con22 stantly developing professionally. 


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1 SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS. 

2 Section 1111(b) of the Elementary and Secondary 

3 Education Act of 1965 (20 U.S.C. 6311(b)) is amended 

4 by adding at the end the following: 

5 ‘‘(11) ROBUST TEACHER AND PRINCIPAL EVAL6 UATIONS.— 

7 ‘‘(A) IN GENERAL.—Each State plan shall 

8 carry out the following: 

9 ‘‘(i) Establish definitions of teacher 

10 and principal effectiveness and perform11 ance ratings. 

12 ‘‘(ii) Demonstrate that the State has 

13 developed, in partnership and in collabora14 tion with teachers and principals, a model 

15 teacher and principal evaluation program 

16 under which— 

17 ‘‘(I) individuals in charge of ad18 ministering teacher and principal eval19 uations within each local educational 

20 agency in the State are provided rig21 orous training on how to conduct the 

22 teacher and principal evaluations, in23 cluding— 

24 ‘‘(aa) how to provide specific 

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1 ing and principal practice based 

2 on evaluation results; and 

3 ‘‘(bb) how to evaluate teach4 ers and principals using the per5 formance categories established 

6 under subparagraphs (B)(iv) and 

7 (C)(vii); 

8 ‘‘(II) a teacher or principal who 

9 is evaluated is provided, based on the 

10 evaluation results, professional devel11 opment opportunities that meet the 

12 specific needs identified for the teach13 er or principal; 

14 ‘‘(III) measures are taken to en15 sure that the results of personally 

16 identifiable teacher and principal eval17 uations are not publicly disclosed; 

18 ‘‘(IV) regular monitoring and as19 sessment of the quality, reliability, va20 lidity, fairness, consistency, and objec21 tivity of the evaluation program and 

22 the evaluators’ judgments takes place 

23 within and across local educational 

24 agencies in the State; 


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1 ‘‘(V) each teacher’s performance 

2 is evaluated in accordance with sub3 paragraph (B); 

4 ‘‘(VI) each principal’s perform5 ance is evaluated in accordance with 

6 subparagraph (C); 

7 ‘‘(VII) on the basis of the evalua8 tion, each teacher or principal, re9 ceives— 

10 ‘‘(aa) a performance rating 

11 based on multiple measures; 

12 ‘‘(bb) ongoing formative 

13 feedback and specific rec14 ommendations on areas for pro15 fessional improvement, which in16 cludes an identification of areas 

17 in which the teacher or principal 

18 can strengthen practices to im19 prove student learning; 

20 ‘‘(cc) commendations for ex21 cellence in areas of strong per22 formance and in areas of im23 provement; and 

24 ‘‘(dd) in the case of a teach25 er or principal who is identified 


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1 as being in one of the lowest 2 

2 performance categories estab3 lished under subparagraph 

4 (B)(iv) or (C)(vii), a comprehen5 sive remediation plan within set 

6 time parameters; 

7 ‘‘(VIII) evaluation results are 

8 used to inform all key personnel and 

9 staffing decisions; 

10 ‘‘(IX) any teacher or principal 

11 who receives an unsatisfactory evalua12 tion and does not successfully improve 

13 his or her performance on an evalua14 tion after completing the comprehen15 sive remediation plan as required 

16 under subclause (VII)(dd) is prohib17 ited from working in any elementary 

18 school or secondary school served 

19 under this part; and 

20 ‘‘(X) a system is implemented 

21 under which every teacher and prin22 cipal is evaluated every year beginning 

23 not later than 2 years after the effec24 tive date of this paragraph. 


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1 ‘‘(iii) Demonstrate that each local 

2 educational agency in the State has adopt3 ed a local educational agency-wide teacher 

4 and principal evaluation program that— 

5 ‘‘(I) was developed in partnership 

6 and in collaboration with teachers and 

7 principals; 

8 ‘‘(II) meets the standards for va9 lidity and reliability developed by the 

10 State; and 

11 ‘‘(III) meets the minimum re12 quirements set forth in paragraph (ii). 

13 ‘‘(iv) Demonstrate that each local 

14 educational agency in the State is actively 

15 seeking input from and collaborating with 

16 teachers and principals to make improve17 ments to the evaluation program on an an18 nual basis. 

19 ‘‘(B) REQUIREMENTS FOR TEACHER EVAL20 UATIONS.—The evaluation of a teacher’s per21 formance shall comply with the following min22 imum requirements: 

23 ‘‘(i) A predominant factor in the eval24 uation is student academic growth with reVerDate Mar 15 2010 21:20 Oct 08, 2010 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6274.IH H6274

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1 spect to the State’s academic standards, as 

2 measured by— 

3 ‘‘(I) student learning gains on 

4 the State’s academic assessments es5 tablished under paragraph (3) or an6 other assessment of student academic 

7 achievement, as long as the assess8 ment is the same for all students in 

9 the local educational agency in which 

10 the teacher is employed; and 

11 ‘‘(II) if available, value-added 

12 measures that track individual stu13 dent academic growth while under the 

14 instruction of the teacher. 

15 ‘‘(ii) A portion of the evaluation is 

16 based on observations of the teacher’s per17 formance in the classroom by more than 1 

18 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 

24 against a rigorous rubric that de25 fines multiple performance catVerDate Mar 15 2010 21:20 Oct 08, 2010 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6274.IH H6274

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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 ‘‘(iv) The evaluation provides ratings 

12 that meaningfully differentiate among 

13 teacher performance using at least 4 per14 formance categories. 

15 ‘‘(v) The evaluation provides results 

16 that are comparable across all teachers 

17 within the local educational agency in 

18 which the teacher is employed. 

19 ‘‘(C) REQUIREMENTS FOR PRINCIPAL

20 EVALUATIONS.—The evaluation of the perform21 ance of a principal of a school shall comply with 

22 the following minimum requirements: 

23 ‘‘(i) A predominant factor in the eval24 uation is student academic growth with re25 spect to the State’s academic standards of 


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1 the school’s students, including students in 

2 each of the subgroups described in para3 graph (2)(C)(v)(II). 

4 ‘‘(ii) For a principal of a secondary 

5 school, a portion of the evaluation is based 

6 on the school’s graduation rates. 

7 ‘‘(iii) A portion of the evaluation is 

8 based on the recruitment, development, 

9 evaluation, and retention of effective teach10 ers. 

11 ‘‘(iv) A portion of the evaluation is 

12 based on the leadership abilities of the 

13 principal, as measured by observations of 

14 the principal and other relevant data evalu15 ated against a rigorous rubric that defines 

16 multiple performance categories in align17 ment with the State’s professional stand18 ards for principals. 

19 ‘‘(v) The observations described in 

20 clause (iv) provide observation ratings 

21 that— 

22 ‘‘(I) meaningfully differentiate 

23 among principals’ performance; and 

24 ‘‘(II) bear a strong relationship 

25 to evidence of student academic 


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1 growth with respect to the State’s 

2 academic standards. 

3 ‘‘(vi) The leadership abilities referred 

4 to in clause (iv) include the ability of the 

5 principal to— 

6 ‘‘(I) create a shared and coherent 

7 schoolwide direction and policy for 

8 achieving high levels of student aca9 demic growth; 

10 ‘‘(II) identify and implement the 

11 activities and rigorous curriculum nec12 essary for achieving such levels of stu13 dent academic growth; 

14 ‘‘(III) create opportunities for 

15 the community and families of stu16 dents to engage positively with school 

17 administrators and staff; 

18 ‘‘(IV) support positive learning 

19 environments for students; 

20 ‘‘(V) cultivate a positive and col21 laborative work environment for 

22 school faculty and staff; 

23 ‘‘(VI) collect, analyze, and utilize 

24 data and other tangible evidence of 

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1 room practice to guide decisions and 

2 actions for continuous improvement 

3 and to ensure performance account4 ability; 

5 ‘‘(VII) effectively oversee and 

6 manage a teacher evaluation program 

7 that provides individualized feedback; 

8 and 

9 ‘‘(VIII) have strong organiza10 tional management of a school, includ11 ing sound budget and personnel prac12 tices. 

13 ‘‘(vii) The evaluation provides ratings 

14 that meaningfully differentiate among 

15 principal performance using at least 4 per16 formance categories. 

17 ‘‘(viii) The evaluation provides results 

18 that are comparable across all principals 

19 within the local educational agency in 

20 which the principal is employed.’’. 

21 SEC. 4. PUBLIC REPORTING. 

22 Section 1111(h) of the Elementary and Secondary 

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

24 (1) in paragraph (1)(C)— 


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1 (A) by striking ‘‘and’’ at the end of clause 

2 (vii); 

3 (B) by striking the period at the end of 

4 clause (viii) and inserting ‘‘; and’’; and 

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

6 ‘‘(ix) the number and percentage of 

7 teachers and principals in each perform8 ance category established under subsection 

9 (b)(11)(B)(iv) or subsection 

10 (b)(11)(C)(vii), as applicable for— 

11 ‘‘(I) the State overall; 

12 ‘‘(II) the highest poverty and 

13 lowest poverty local educational agen14 cies; and 

15 ‘‘(III) the highest minority and 

16 lowest minority local educational 

17 agencies.’’; 

18 (2) in paragraph (2)(B)(i)— 

19 (A) by striking ‘‘and’’ at the end of sub20 clause (I); and 

21 (B) by adding at the end the following: 

22 ‘‘(III) the number and percent23 age of teachers and principals in each 

24 performance category established 

25 under subsection (b)(11)(B)(iv) or 


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1 subsection (b)(11)(C)(vii), as applica2 ble for— 

3 ‘‘(aa) the local educational 

4 agency overall; 

5 ‘‘(bb) the highest poverty 

6 and lowest poverty schools; and 

7 ‘‘(cc) the highest minority 

8 and lowest minority schools; 

9 and’’; 

10 (3) in paragraph (4)— 

11 (A) by striking ‘‘and’’ at the end of sub12 paragraph (F); 

13 (B) by striking the period at the end of 

14 subparagraph (G) and inserting ‘‘and’’; and 

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

16 ‘‘(H) the information required to be re17 ported under paragraphs (1)(C)(ix) and 

18 (2)(B)(i)(III).’’; and 

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

20 ‘‘(7) DEFINITIONS.—For purposes of this sub21 section: 

22 ‘‘(A) HIGHEST MINORITY.—The term 

23 ‘highest minority’ when used in relation to a 

24 school or local educational agency means a 

25 school or local educational agency that is in the 


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1 highest quartile of schools or local educational 

2 agencies statewide in terms of the percentage of 

3 minority pupils served. 

4 ‘‘(B) HIGHEST POVERTY.—The term ‘high5 est poverty’ when used in relation to a school 

6 or local educational agency means a school or 

7 local educational agency that is in the highest 

8 quartile of schools or local educational agencies 

9 statewide in terms of the percentage of pupils 

10 who are certified as eligible for free or reduced 

11 price lunch under the school lunch program es12 tablished under the Richard B. Russell National 

13 School Lunch Act. 

14 ‘‘(C) LOWEST MINORITY.—The term ‘low15 est minority’ when used in relation to a school 

16 or local educational agency means a school or 

17 local educational agency that is in the lowest 

18 quartile of schools or local educational agencies 

19 statewide in terms of the percentage of minority 

20 pupils served. 

21 ‘‘(D) LOWEST POVERTY.—The term ‘low22 est poverty’ when used in relation to a school 

23 or local educational agency means a school or 

24 local educational agency that is in the lowest 

25 quartile of schools or local educational agencies 


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1 statewide in terms of the percentage of pupils 

2 who are certified as eligible for free or reduced 

3 price lunch under the school lunch program es4 tablished under the Richard B. Russell National 

5 School Lunch Act.’’. 

6 SEC. 5. RECOGNITION OF LOCAL EDUCATIONAL AGENCIES. 

7 The Secretary of Education shall, based on the infor8 mation received from each local educational agency report 

9 card under section 1111(h)(2)(B)(i)(III)— 

10 (1) recognize and provide commendations to 

11 each local educational agency that implements or 

12 has implemented innovative, high-quality, and effec13 tive teacher or principal evaluation programs that 

14 lead to professional development and improved stu15 dent performance; and 

16 (2) establish a clearinghouse in the Department 

17 of Education to share the best practices of such pro18 grams with educators. 

19 SEC. 6. RULE OF CONSTRUCTION. 

20 Nothing in this Act, or the amendments made by this 

21 Act, shall be construed to alter or otherwise affect the 

22 rights, remedies, and procedures afforded school or local 

23 educational agency employees under Federal, State, or 

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1 ments, memoranda of understanding, or other agreements 

2 between such employees and their employers existing as 

3 of the date of the enactment of this Act. 

4 SEC. 7. EFFECTIVE DATE. 

5 This Act, and the amendments made by this Act, 

6 shall take effect not later than 4 years after the date of 

7 the enactment of this Act. 

Æ 


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