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 evalua-
tion programs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing Teacher Ef-
fectiveness, Leadership, Learning, And Results Act of 
2011’’ or the ‘‘STELLAR Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(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 mean-
ingful feedback are a crucial element to giving edu-
cators 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 effec-
tive teaching is the single most important school- 
based factor impacting student learning. 
(6) In formal studies, including research high-
lighted 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 
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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 learn-
ing. 
(9) Strong school leadership is a key deter-
minant of whether schools can attract and retain ef-
fective teachers. 
(10) Principals set the direction and the vision 
for a school, and through inspirational leadership, 
can create a positive learning environment. 
(11) Constructive feedback specifying areas for 
improvement could be useful to both teachers and 
principals who are dedicated to growing profes-
sionally. 
(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 de-
serve to be recognized for excellence and to receive 
commendations in areas of strong performance and 
improvement. 
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(14) Evaluations should give teachers and prin-
cipals the opportunity to foster mutually beneficial 
professional relationships. 
(15) Teachers and principals should provide 
input and contribute directly to designing, imple-
menting, and improving evaluation systems in their 
school districts. 
(16) High-quality teacher and principal evalua-
tions 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 im-
prove individual, as well as whole school and district, 
teaching and leadership practices to benefit stu-
dents. 
SEC. 3. ROBUST TEACHER AND PRINCIPAL EVALUATIONS. 
(a) IN GENERAL.—Section 1111(b) of the Elemen-
tary 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 EVAL-
UATIONS.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the STELLAR 
Act, each State plan shall include the following: 
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‘‘(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 ad-
ministering teacher and principal eval-
uations within each local educational 
agency in the State are provided rig-
orous training on how to conduct the 
teacher and principal evaluations, in-
cluding— 
‘‘(aa) how to provide specific 
feedback about improving teach-
ing and principal practice based 
on evaluation results; 
‘‘(bb) how to evaluate teach-
ers and principals using the per-
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formance ratings described in 
clause (i) and established under 
subparagraphs 
(B)(iii) 
and 
(C)(viii); and 
‘‘(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; 
‘‘(II) a teacher or principal who 
is evaluated is provided, based on the 
evaluation results, professional devel-
opment opportunities that meet the 
specific needs identified for the teach-
er or principal, including mentorship 
programs that use highly effective 
teachers or principals as leaders or 
coaches; 
‘‘(III) measures are taken to en-
sure that the results of personally 
identifiable teacher and principal eval-
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uations are not publicly disclosed, ex-
cept as required under subsection (h); 
‘‘(IV) regular monitoring and as-
sessment of the quality, reliability, va-
lidity, fairness, consistency, and objec-
tivity 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 sub-
paragraph (B); 
‘‘(VI) each principal’s perform-
ance is evaluated in accordance with 
subparagraph (C); 
‘‘(VII) on the basis of the evalua-
tion, each teacher or principal re-
ceives— 
‘‘(aa) a performance rating, 
as described in clause (i), that is 
based on multiple measures; 
‘‘(bb) in the case of a teach-
er, in addition to the measures 
required 
under 
subparagraph 
(B)— 
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‘‘(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 state-
wide 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 
rec-
ommendations on areas for pro-
fessional improvement, which in-
cludes an identification of areas 
in which the teacher or principal 
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and minority students are not as-
signed at higher rates than other stu-
dents to classes in core academic sub-
jects taught by teachers who have re-
ceived one of the two lowest evalua-
tion rates in their most recent evalua-
tion; 
‘‘(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 1 of the lowest 2 per-
formance ratings and does not suc-
cessfully improve performance on an 
evaluation after completing the com-
prehensive remediation plan as re-
quired under subclause (VII)(ee) is 
prohibited from working in any ele-
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mentary school or secondary school 
served under this part; and 
‘‘(XIV) a system is implemented 
under which every teacher and prin-
cipal is evaluated annually. 
‘‘(iii) A demonstration that each local 
educational agency in the State has adopt-
ed 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 va-
lidity and reliability developed by the 
State; and 
‘‘(III) meets the minimum re-
quirements 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— 
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‘‘(I) review the teacher and prin-
cipal 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 agen-
cy’s schools, against the student 
academic achievement and stu-
dent growth in the agency and 
each agency’s schools; 
‘‘(bb) assessing the extent to 
which 
each 
local 
educational 
agency’s existing system dem-
onstrates meaningful differentia-
tion among teacher performance 
levels and among principal per-
formance levels; and 
‘‘(cc) comparing implemen-
tation and results across the 
evaluation systems of local edu-
cational agencies in the State to 
ensure— 
‘‘(AA) 
comparability 
across the State in imple-
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mentation of such systems; 
and 
‘‘(BB) that such sys-
tems meet the State’s cri-
teria or definitions for each 
of the terms described in 
clause (i); and 
‘‘(II) provide technical assistance 
to improve an agency’s teacher and 
principal evaluation system so that 
the system provides meaningful dif-
ferentiation and is aligned with stu-
dent academic achievement and stu-
dent growth results in the agency and 
in each of the agency’s schools. 
‘‘(vi) An assurance that beginning 3 
years after the date of enactment of the 
STELLAR Act, the State educational 
agency will submit to the Secretary an an-
nual report on implementation of the 
State’s evaluation programs. 
‘‘(vii) An assurance that the State will 
publish a report each year showing the av-
erage estimate of teacher impact on stu-
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dent 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 fair-
ness for nonprobationary teachers and 
principals facing loss of employment due to 
an ineffective rating in an evaluation pro-
gram. 
‘‘(B) REQUIREMENTS FOR TEACHER EVAL-
UATIONS.—The evaluation of a teacher’s per-
formance shall comply with the following min-
imum requirements: 
‘‘(i) STUDENT ACADEMIC GROWTH.— 
A predominant factor of the evaluation is 
based on student academic growth with re-
spect to the State’s academic standards, as 
measured by— 
‘‘(I) student learning gains on 
the State’s academic assessments es-
tablished under paragraph (3) or, for 
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grades and subjects not covered by 
the State’s academic assessments, an-
other 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 assess-
ment is administered; and 
‘‘(II) if available, value-added 
measures that track individual stu-
dent academic growth while under the 
instruction of the teacher. 
‘‘(ii) OBSERVATIONS
OF
TEACHER 
PERFORMANCE.—A portion of the evalua-
tion is based on observations of the teach-
er’s performance in the classroom by more 
than 1 trained and objective observer— 
‘‘(I) that take place on several 
occasions during the school year the 
teacher is being evaluated; and 
‘‘(II) under which— 
‘‘(aa) a teacher is evaluated 
against a rigorous rubric that de-
fines multiple performance cat-
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egories 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 stu-
dent academic growth with re-
spect to the State’s academic 
standards. 
‘‘(iii) 
MEANINGFUL
DIFFERENTIA-
TION.—The evaluation provides perform-
ance ratings that meaningfully differen-
tiate among teacher performance using the 
performance ratings and levels described in 
subparagraph (A)(i). 
‘‘(iv) COMPARABILITY
OF
STUDENT 
GAINS.—The evaluation provides a meas-
ure of student learning gains that is com-
parable across the State for all teachers in 
grade levels and subject areas with a state-
wide assessment. 
‘‘(v) COMPARABILITY OF RESULTS.— 
The evaluation provides results that are 
comparable, at a minimum, across all 
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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 perform-
ance of a principal of a school shall comply with 
the following minimum requirements: 
‘‘(i) STUDENT ACADEMIC GROWTH.— 
A predominant factor of the evaluation is 
based on student academic growth attain-
ment with respect to the State’s academic 
standards of the school’s students, includ-
ing students in each of the subgroups de-
scribed 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 rate, when appli-
cable, 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 TEACH-
ERS.—A portion of the evaluation is based 
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on the recruitment, development, evalua-
tion, and retention of effective teachers. 
‘‘(iv) LEADERSHIP ABILITIES.—A por-
tion of the evaluation is based on the lead-
ership abilities of the principal, as meas-
ured by observations of the principal and 
other relevant data evaluated against a rig-
orous rubric that defines multiple perform-
ance categories in alignment with the 
State’s professional standards for prin-
cipals. 
‘‘(v) CONTENT OF OBSERVATION RAT-
INGS.—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) DESCRIPTION
OF
LEADERSHIP 
ABILITIES.—The leadership abilities re-
ferred to in clause (iv) include the ability 
of the principal to— 
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‘‘(I) create a shared and coherent 
schoolwide direction and policy for 
achieving high levels of student aca-
demic growth and closing achievement 
gaps among students; 
‘‘(II) identify and implement the 
activities and rigorous curriculum nec-
essary for achieving high levels of stu-
dent academic growth; 
‘‘(III) create opportunities for 
the community and families of stu-
dents to engage positively with school 
administrators and staff; 
‘‘(IV) demonstrate knowledge of 
youth development appropriate to the 
age level served by the school; 
‘‘(V) support positive learning 
environments for students; 
‘‘(VI) cultivate a positive and col-
laborative 
work 
environment 
for 
school faculty and staff; 
‘‘(VII) collect, analyze, and uti-
lize data and other tangible evidence 
of student learning and evidence of 
classroom practice to guide decisions 
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and actions for continuous improve-
ment and to ensure performance ac-
countability; 
‘‘(VIII) effectively oversee and 
manage a teacher evaluation program 
that provides individualized feedback; 
‘‘(IX) have strong organizational 
management of a school, including 
sound budget and personnel practices; 
‘‘(X) understand the need for a 
supportive learning and social environ-
ment and provide access to specialized 
instructional 
support 
from 
school 
counselors, psychologists, and social 
workers in providing critical services 
to students; and 
‘‘(XI) successfully complete a 
State-approved 
principal 
licensure 
program that builds on the skills, 
knowledge, and attitudes to effectively 
lead and inspire teachers and students 
and manage school operations. 
‘‘(vii) 
MEANINGFUL
DIFFERENTIA-
TION.—The evaluation provides perform-
ance ratings that meaningfully differen-
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tiate among principal performance using 
the performance ratings and levels de-
scribed in subparagraph (A)(i). 
‘‘(viii) 
COMPARABILITY
OF
RE-
SULTS.—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 per-
formance rating under the evaluation system described in 
paragraph (11) that is below the effective level’’ 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: 
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‘‘(ix) for each performance rating es-
tablished 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 agen-
cies; 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 fol-
lowing: 
‘‘(III) for each performance rat-
ing established under clause (i), the 
number and percentage of teachers, 
and the number and percentage of 
principals, who received such perform-
ance rating, for— 
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‘‘(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 fol-
lowing: 
‘‘(III) for each performance rat-
ing established under clause (i), the 
number and percentage of teachers at 
the school that received such perform-
ance rating.’’; 
(3) in paragraph (4)— 
(A) in subparagraph (F), by striking 
‘‘and’’ after the semicolon; 
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(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 re-
ported 
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 in-
dividual 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, in-
cluding the highest and lowest poverty 
schools and the highest minority and low-
est minority schools under the jurisdiction 
of the agency.’’; and 
(4) by adding at the end the following: 
‘‘(7) DEFINITIONS.—For purposes of this sub-
section: 
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‘‘(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 ‘high-
est 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 Na-
tional School Lunch Act (42 U.S.C. 1751 et 
seq.). 
‘‘(C) LOWEST MINORITY.—The term ‘low-
est 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. 
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‘‘(D) LOWEST POVERTY.—The term ‘low-
est 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 Na-
tional 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 ap-
propriate for the knowledge and skills being 
measured.’’. 
SEC. 5. RECOGNITION OF LOCAL EDUCATIONAL AGENCIES. 
The Secretary of Education shall, based on the infor-
mation received from each local educational agency report 
card under section 1111(h)(2)(B)(i)(III) of the Elemen-
tary 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 
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has implemented innovative, high-quality, and effec-
tive teacher or principal evaluation programs that 
lead to professional development and improved stu-
dent performance; and 
(2) establish a clearinghouse in the Department 
of Education to share the best practices of such pro-
grams with educators. 
Æ 
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