New Mexico Teacher Evaluation Lawsuit Updates

In December of 2015 in New Mexico, via a preliminary injunction set forth by state District Judge David K. Thomson, all consequences attached to teacher-level value-added model (VAM) scores (e.g., flagging the files of teachers with low VAM scores) were suspended throughout the state until the state (and/or others external to the state) could prove to the state court that the system was reliable, valid, fair, uniform, and the like. The trial during which this evidence is to be presented by the state is currently set for this October. See more information about this ruling here.

As the expert witness for the plaintiffs in this case, I was deposed a few weeks ago here in Phoenix, given my analyses of the state’s data (supported by one of my PhD students – Tray Geiger). In short, we found and I testified during the deposition that:

  • In terms of uniformity and fairness, there seem to be 70% or so of New Mexico teachers who are ineligible to be assessed using VAMs, and this proportion held constant across the years of data analyzed. This is even more important to note knowing that when VAM-based data are to be used to make consequential decisions about teachers, issues with fairness and uniformity become even more important given accountability-eligible teachers are also those who are relatively more likely to realize the negative or reap the positive consequences attached to VAM-based estimates.
  • In terms of reliability (or the consistency of teachers’ VAM-based scores over time), approximately 40% of teachers differed by one quintile (quintiles are derived when a sample or population is divided into fifths) and approximately 28% of teachers differed, from year-to-year, by two or more quintiles in terms of their VAM-derived effectiveness ratings. These results make sense when New Mexico’s results are situated within the current literature, whereas teachers classified as “effective” one year can have a 25%-59% chance of being classified as “ineffective” the next, or vice versa, with other permutations also possible.
  • In terms of validity (i.e., concurrent related evidence of validity), and importantly as also situated within the current literature, the correlations between New Mexico teachers’ VAM-based and observational scores ranged from r = 0.153 to r = 0.210. Not only are these correlations very weak[1], they are also very weak as appropriately situated within the literature, via which it is evidenced that correlations between multiple VAMs and observational scores typically range from 0.30 ≤ r ≤ 0.50.
  • In terms of bias, New Mexico’s Caucasian teachers had significantly higher observation scores than non-Caucasian teachers implying, also as per the current research, that Caucasian teachers may be (falsely) perceived as being better teachers than non-Caucasians teachers given bias within these instruments and/or bias of the scorers observing and scoring teachers using these instruments in practice. See prior posts about observational-based bias here, here and here.
  • Also of note in terms of bias was that: (1) teachers with fewer years of experience yielded VAM scores that were significantly lower than teachers with more years of experience, with similar patterns noted across teachers’ observation scores, which could all mean, as also in line with common sense as well as the research, that teachers with more experience are typically better teachers; (2) teachers who taught English language learners (ELLs) or special education students had lower VAM scores across the board than those who did not teach such students; (3) teachers who taught gifted students had significantly higher VAM scores than non-gifted teachers which runs counter to the current research evidencing that teachers’ gifted students oft-thwart or prevent them from demonstrating growth given ceiling effects; (4) teachers in schools with lower relative proportions of ELLs, special education students, students eligible for free-or-reduced lunches, and students from racial minority backgrounds, as well as higher relative proportions of gifted students, consistently had significantly higher VAM scores. These results suggest that teachers in these schools are as a group better, and/or that VAM-based estimates might be biased against teachers not teaching in these schools, preventing them from demonstrating comparable growth.

To read more about the data and methods used, as well as other findings, please see my affidavit submitted to the court attached here: Affidavit Feb2018.

Although, also in terms of a recent update, I should also note that a few weeks ago, as per an article in the AlbuquerqueJournal, New Mexico’s teacher evaluation systems is now likely to be overhauled, or simply “expired” as early as 2019. In short, “all three Democrats running for governor and the lone Republican candidate…have expressed misgivings about using students’ standardized test scores to evaluate the effectiveness of [New Mexico’s] teachers, a key component of the current system [at issue in this lawsuit and] imposed by the administration of outgoing Gov. Susana Martinez.” All four candidates described the current system “as fundamentally flawed and said they would move quickly to overhaul it.”

While I/we will proceed our efforts pertaining to this lawsuit until further notice, this is also important to note at this time in that it seems that New Mexico’s policymakers of new are going to be much wiser than those of late, at least in these regards.

[1] Interpreting r: 0.8 ≤ r ≤ 1.0 = a very strong correlation; 0.6 ≤ r ≤ 0.8 = a strong correlation; 0.4 ≤ r ≤ 0.6 = a moderate correlation; 0.2 ≤ r ≤ 0.4 = a weak correlation; and 0.0 ≤ r ≤ 0.2 = a very weak correlation, if any at all.

 

New Mexico’s Motion for Summary Judgment, Following Houston’s Precedent-Setting Ruling

Recall that in New Mexico, just over two years ago, all consequences attached to teacher-level value-added model (VAM) scores (e.g., flagging the files of teachers with low VAM scores) were suspended throughout the state until the state (and/or others external to the state) could prove to the state court that the system was reliable, valid, fair, uniform, and the like. The trial during which this evidence was to be presented by the state was repeatedly postponed since, yet with teacher-level consequences prohibited all the while. See more information about this ruling here.

Recall as well that in Houston, just this past May, that a district judge ruled that Houston Independent School District (HISD) teachers’ who had VAM scores (as based on the Education Value-Added Assessment System (EVAAS)) had legitimate claims regarding how EVAAS use in HISD was a violation of their Fourteenth Amendment due process protections (i.e., no state or in this case organization shall deprive any person of life, liberty, or property, without due process). More specifically, in what turned out to be a huge and unprecedented victory, the judge ruled that because HISD teachers “ha[d] no meaningful way to ensure correct calculation of their EVAAS scores,” they were, as a result, “unfairly subject to mistaken deprivation of constitutionally protected property interests in their jobs.” This ruling ultimately led the district to end the use of the EVAAS for teacher termination throughout Houston. See more information about this ruling here.

Just this past week, New Mexico charged that the Houston ruling regarding Houston teachers’ Fourteenth Amendment due process protections also applies to teachers throughout the state of New Mexico.

As per an article titled “Motion For Summary Judgment Filed In New Mexico Teacher Evaluation Lawsuit,” the American Federation of Teachers and Albuquerque Teachers Federation filed a “motion for summary judgment in the litigation in our continuing effort to make teacher evaluations beneficial and accurate in New Mexico.” They, too, are “seeking a determination that the [state’s] failure to provide teachers with adequate information about the calculation of their VAM scores violated their procedural due process rights.”

“The evidence demonstrates that neither school administrators nor educators have been provided with sufficient information to replicate the [New Mexico] VAM score calculations used as a basis for teacher evaluations. The VAM algorithm is complex, and the general overview provided in the NMTeach Technical Guide is not enough to pass constitutional muster. During previous hearings, educators testified they do not receive an explanation at the time they receive their annual evaluation, and teachers have been subjected to performance growth plans based on low VAM scores, without being given any guidance or explanation as to how to raise that score on future evaluations. Thus, not only do educators not understand the algorithm used to derive the VAM score that is now part of the basis for their overall evaluation rating, but school administrators within the districts do not have sufficient information on how the score is derived in order to replicate it or to provide professional development, whether as part of a disciplinary scenario or otherwise, to assist teachers in raising their VAM score.”

For more information about this update, please click here.

Breaking News: The End of Value-Added Measures for Teacher Termination in Houston

Recall from multiple prior posts (see, for example, here, here, here, here, and here) that a set of teachers in the Houston Independent School District (HISD), with the support of the Houston Federation of Teachers (HFT) and the American Federation of Teachers (AFT), took their district to federal court to fight against the (mis)use of their value-added scores derived via the Education Value-Added Assessment System (EVAAS) — the “original” value-added model (VAM) developed in Tennessee by William L. Sanders who just recently passed away (see here). Teachers’ EVAAS scores, in short, were being used to evaluate teachers in Houston in more consequential ways than any other district or state in the nation (e.g., the termination of 221 teachers in one year as based, primarily, on their EVAAS scores).

The case — Houston Federation of Teachers et al. v. Houston ISD — was filed in 2014 and just one day ago (October 10, 2017) came the case’s final federal suit settlement. Click here to read the “Settlement and Full and Final Release Agreement.” But in short, this means the “End of Value-Added Measures for Teacher Termination in Houston” (see also here).

More specifically, recall that the judge notably ruled prior (in May of 2017) that the plaintiffs did have sufficient evidence to proceed to trial on their claims that the use of EVAAS in Houston to terminate their contracts was a violation of their Fourteenth Amendment due process protections (i.e., no state or in this case district shall deprive any person of life, liberty, or property, without due process). That is, the judge ruled that “any effort by teachers to replicate their own scores, with the limited information available to them, [would] necessarily fail” (see here p. 13). This was confirmed by the one of the plaintiffs’ expert witness who was also “unable to replicate the scores despite being given far greater access to the underlying computer codes than [was] available to an individual teacher” (see here p. 13).

Hence, and “[a]ccording to the unrebutted testimony of [the] plaintiffs’ expert [witness], without access to SAS’s proprietary information – the value-added equations, computer source codes, decision rules, and assumptions – EVAAS scores will remain a mysterious ‘black box,’ impervious to challenge” (see here p. 17). Consequently, the judge concluded that HISD teachers “have no meaningful way to ensure correct calculation of their EVAAS scores, and as a result are unfairly subject to mistaken deprivation of constitutionally protected property interests in their jobs” (see here p. 18).

Thereafter, and as per this settlement, HISD agreed to refrain from using VAMs, including the EVAAS, to terminate teachers’ contracts as long as the VAM score is “unverifiable.” More specifically, “HISD agree[d] it will not in the future use value-added scores, including but not limited to EVAAS scores, as a basis to terminate the employment of a term or probationary contract teacher during the term of that teacher’s contract, or to terminate a continuing contract teacher at any time, so long as the value-added score assigned to the teacher remains unverifiable. (see here p. 2; see also here). HISD also agreed to create an “instructional consultation subcommittee” to more inclusively and democratically inform HISD’s teacher appraisal systems and processes, and HISD agreed to pay the Texas AFT $237,000 in its attorney and other legal fees and expenses (State of Texas, 2017, p. 2; see also AFT, 2017).

This is yet another big win for teachers in Houston, and potentially elsewhere, as this ruling is an unprecedented development in VAM litigation. Teachers and others using the EVAAS or another VAM for that matter (e.g., that is also “unverifiable”) do take note, at minimum.

“Virginia SGP” Overruled

You might recall from a post I released approximately 1.5 years ago a story about how a person who self-identifies as “Virginia SGP,” who is also now known as Brian Davison — a parent of two public school students in the affluent Loudoun, Virginia area (hereafter referred to as Virginia SGP), sued the state of Virginia in an attempt to force the release of teachers’ student growth percentile (SGP) data for all teachers across the state.

More specifically, Virginia SGP “pressed for the data’s release because he thinks parents have a right to know how their children’s teachers are performing, information about public employees that exists but has so far been hidden. He also want[ed] to expose what he sa[id was] Virginia’s broken promise to begin [to use] the data to evaluate how effective the state’s teachers are.” The “teacher data should be out there,” especially if taxpayers are paying for it.

In January of 2016, a Richmond, Virginia judge ruled in Virginia SGP’s favor. The following April, a Richmond Circuit Court judge ruled that the Virginia Department of Education was to also release Loudoun County Public Schools’ SGP scores by school and by teacher, including teachers’ identifying information. Accordingly, the judge noted that the department of education and the Loudoun school system failed to “meet the burden of proof to establish an exemption’ under Virginia’s Freedom of Information Act [FOIA]” preventing the release of teachers’ identifiable information (i.e., beyond teachers’ SGP data). The court also ordered VDOE to pay Davison $35,000 to cover his attorney fees and other costs.

As per an article published last week, the Virginia Supreme Court overruled this former ruling, noting that the department of education did not have to provide teachers’ identifiable information along with teachers’ SGP data, after all.

See more details in the actual article here, but ultimately the Virginia Supreme Court concluded that the Richmond Circuit Court “erred in ordering the production of these documents containing teachers’ identifiable information.” The court added that “it was [an] error for the circuit court to order that the School Board share in [Virginia SGP’s] attorney’s fees and costs,” pushing that decision (i.e., the decision regarding how much to pay, if anything at all, in legal fees) back down to the circuit court.

Virginia SGP plans to ask for a rehearing of this ruling. See also his comments on this ruling here.

The New York Times on “The Little Known Statistician” Who Passed

As many of you may recall, I wrote a post last March about the passing of William L. Sanders at age 74. Sanders developed the Education Value-Added Assessment System (EVAAS) — the value-added model (VAM) on which I have conducted most of my research (see, for example, here and here) and the VAM at the core of most of the teacher evaluation lawsuits in which I have been (or still am) engaged (see here, here, and here).

Over the weekend, though, The New York Times released a similar piece about Sanders’s passing, titled “The Little-Known Statistician Who Taught Us to Measure Teachers.” Because I had multiple colleagues and blog followers email me (or email me about) this article, I thought I would share it out with all of you, with some additional comments, of course, but also given the comments I already made in my prior post here.

First, I will start by saying that the title of this article is misleading in that what this “little-known” statistician contributed to the field of education was hardly “little” in terms of its size and impact. Rather, Sanders and his associates at SAS Institute Inc. greatly influenced our nation in terms of the last decade of our nation’s educational policies, as largely bent on high-stakes teacher accountability for educational reform. This occurred in large part due to Sanders’s (and others’) lobbying efforts when the federal government ultimately choose to incentivize and de facto require that all states hold their teachers accountable for their value-added, or lack thereof, while attaching high-stakes consequences (e.g., teacher termination) to teachers’ value-added estimates. This, of course, was to ensure educational reform. This occurred at the federal level, as we all likely know, primarily via Race to the Top and the No Child Left Behind Waivers essentially forced upon states when states had to adopt VAMs (or growth models) to also reform their teachers, and subsequently their schools, in order to continue to receive the federal funds upon which all states still rely.

It should be noted, though, that we as a nation have been relying upon similar high-stakes educational policies since the late 1970s (i.e., for now over 35 years); however, we have literally no research evidence that these high-stakes accountability policies have yielded any of their intended effects, as still perpetually conceptualized (see, for example, Nevada’s recent legislative ruling here) and as still advanced via large- and small-scale educational policies (e.g., we are still A Nation At Risk in terms of our global competitiveness). Yet, we continue to rely on the logic in support of such “carrot and stick” educational policies, even with this last decade’s teacher- versus student-level “spin.” We as a nation could really not be more ahistorical in terms of our educational policies in this regard.

Regardless, Sanders contributed to all of this at the federal level (that also trickled down to the state level) while also actively selling his VAM to state governments as well as local school districts (i.e., including the Houston Independent School District in which teacher plaintiffs just won a recent court ruling against the Sanders value-added system here), and Sanders did this using sets of (seriously) false marketing claims (e.g., purchasing and using the EVAAS will help “clear [a] path to achieving the US goal of leading the world in college completion by the year 2020”). To see two empirical articles about the claims made to sell Sanders’s EVAAS system, the research non-existent in support of each of the claims, and the realities of those at the receiving ends of this system (i.e., teachers) as per their experiences with each of the claims, see here and here.

Hence, to assert that what this “little known” statistician contributed to education was trivial or inconsequential is entirely false. Thankfully, with the passage of the Every Student Succeeds Act” (ESSA) the federal government came around, in at least some ways. While not yet acknowledging how holding teachers accountable for their students’ test scores, while ideal, simply does not work (see the “Top Ten” reasons why this does not work here), at least the federal government has given back to the states the authority to devise, hopefully, some more research-informed educational policies in these regards (I know….).

Nonetheless, may he rest in peace (see also here), perhaps also knowing that his forever stance of “[making] no apologies for the fact that his methods were too complex for most of the teachers whose jobs depended on them to understand,” just landed his EVAAS in serious jeopardy in court in Houston (see here) given this stance was just ruled as contributing to the violation of teachers’ Fourteenth Amendment rights (i.e., no state or in this case organization shall deprive any person of life, liberty, or property, without due process [emphasis added]).

Breaking News: Another Big Victory in Court in Texas

Earlier today I released a post regarding “A Big Victory in Court in Houston,” in which I wrote about how, yesterday, US Magistrate Judge Smith ruled — in Houston Federation of Teachers et al. v. Houston Independent School District — that Houston teacher plaintiffs’ have legitimate claims regarding how their Education Value-Added Assessment System (EVAAS) value-added scores, as used (and abused) in HISD, was a violation of their Fourteenth Amendment due process protections (i.e., no state or in this case organization shall deprive any person of life, liberty, or property, without due process). Hence, on this charge, this case is officially going to trial.

Well, also yesterday, “we” won another court case on which I also served as an expert witness (I served as an expert witness on behalf of the plaintiffs alongside Jesse Rothstein in the court case noted above). As per this case — Texas State Teachers Association v. Texas Education Agency, Mike Morath in his Official Capacity as Commissioner of Education for the State of Texas (although there were three similar cases also filed – see all four referenced below) — The Honorable Lora J. Livingston ruled that the Defendants are to make revisions to 19 Tex. Admin. Code § 150.1001 that most notably include the removal of (A) student learning objectives [SLOs], (B) student portfolios, (C) pre and post test results on district level assessments; or (D) value added data based on student state assessment results. In addition, “The rules do not restrict additional factors a school district may consider…,” and “Under the local appraisal system, there [will be] no required weighting for each measure…,” although districts can chose to weight whatever measures they might choose. “Districts can also adopt an appraisal system that does not provide a single, overall summative rating.” That is, increased local control.

If the Texas Education Agency (TEA) does not adopt the regulations put forth by the court by next October, this case will continue. This does not look likely, however, in that as per a news article released today, here, Texas “Commissioner of Education Mike Morath…agreed to revise the [states’] rules in exchange for the four [below] teacher groups’ suspending their legal challenges.” As noted prior, the terms of this settlement call for the removal of the above-mentioned, state-required, four growth measures when evaluating teachers.

This was also highlighted in a news article, released yesterday, here, with this one more generally about how teachers throughout Texas will no longer be evaluated using their students’ test scores, again, as required by the state.

At the crux of this case, as also highlighted in this particular piece, and to which I testified (quite extensively), was that the value-added measures formerly required/suggested by the state did not constitute teachers’ “observable,” job-related behaviors. See also a prior post about this case here.

*****

Cases Contributing to this Ruling:

1. Texas State Teachers Association v. Texas Education Agency, Mike Morath, in his Official Capacity as Commissioner of Education for the State of Texas; in the 345th Judicial District Court, Travis County, Texas

2. Texas Classroom Teachers Association v. Mike Morath, Texas Commissioner of Education; in the 419th Judicial District Court, Travis County, Texas

3. Texas American Federation of Teachers v. Mike Morath, Commissioner of Education, in his official capacity, and Texas Education Agency; in the 201st Judicial District Court, Travis County, Texas

4. Association of Texas Professional Educators v. Mike Morath, the Commissioner of Education and the Texas Education Agency; in the 200th District Court of Travis County, Texas.

Breaking News: A Big Victory in Court in Houston

Recall from multiple prior posts (see here, here, here, and here) that a set of teachers in the Houston Independent School District (HISD), with the support of the Houston Federation of Teachers (HFT) and the American Federation of Teachers (AFT), took their district to federal court to fight against the (mis)use of their value-added scores, derived via the Education Value-Added Assessment System (EVAAS) — the “original” value-added model (VAM) developed in Tennessee by William L. Sanders who just recently passed away (see here). Teachers’ EVAAS scores, in short, were being used to evaluate teachers in Houston in more consequential ways than anywhere else in the nation (e.g., the termination of 221 teachers in just one year as based, primarily, on their EVAAS scores).

The case — Houston Federation of Teachers et al. v. Houston ISD — was filed in 2014 and just yesterday, United States Magistrate Judge Stephen Wm. Smith denied in the United States District Court, Southern District of Texas, the district’s request for summary judgment given the plaintiffs’ due process claims. Put differently, Judge Smith ruled that the plaintiffs’ did have legitimate claims regarding how EVAAS use in HISD was a violation of their Fourteenth Amendment due process protections (i.e., no state or in this case organization shall deprive any person of life, liberty, or property, without due process). Hence, on this charge, this case is officially going to trial.

This is a huge victory, and one unprecedented that will likely set precedent, trial pending, for others, and more specifically other teachers.

Of primary issue will be the following (as taken from Judge Smith’s Summary Judgment released yesterday): “Plaintiffs [will continue to] challenge the use of EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,” and given “due process is designed to foster government decision-making that is both fair and accurate.”

Related, and of most importance, as also taken directly from Judge Smith’s Summary, he wrote:

  • HISD’s value-added appraisal system poses a realistic threat to deprive plaintiffs of constitutionally protected property interests in employment.
  • HISD does not itself calculate the EVAAS score for any of its teachers. Instead, that task is delegated to its third party vendor, SAS. The scores are generated by complex algorithms, employing “sophisticated software and many layers of calculations.” SAS treats these algorithms and software as trade secrets, refusing to divulge them to either HISD or the teachers themselves. HISD has admitted that it does not itself verify or audit the EVAAS scores received from SAS, nor does it engage any contractor to do so. HISD further concedes that any effort by teachers to replicate their own scores, with the limited information available to them, will necessarily fail. This has been confirmed by plaintiffs’ expert, who was unable to replicate the scores despite being given far greater access to the underlying computer codes than is available to an individual teacher [emphasis added, as also related to a prior post about how SAS claimed that plaintiffs violated SAS’s protective order (protecting its trade secrets), that the court overruled, see here].
  • The EVAAS score might be erroneously calculated for any number of reasons, ranging from data-entry mistakes to glitches in the computer code itself. Algorithms are human creations, and subject to error like any other human endeavor. HISD has acknowledged that mistakes can occur in calculating a teacher’s EVAAS score; moreover, even when a mistake is found in a particular teacher’s score, it will not be promptly corrected. As HISD candidly explained in response to a frequently asked question, “Why can’t my value-added analysis be recalculated?”:
    • Once completed, any re-analysis can only occur at the system level. What this means is that if we change information for one teacher, we would have to re- run the analysis for the entire district, which has two effects: one, this would be very costly for the district, as the analysis itself would have to be paid for again; and two, this re-analysis has the potential to change all other teachers’ reports.
  • The remarkable thing about this passage is not simply that cost considerations trump accuracy in teacher evaluations, troubling as that might be. Of greater concern is the house-of-cards fragility of the EVAAS system, where the wrong score of a single teacher could alter the scores of every other teacher in the district. This interconnectivity means that the accuracy of one score hinges upon the accuracy of all. Thus, without access to data supporting all teacher scores, any teacher facing discharge for a low value-added score will necessarily be unable to verify that her own score is error-free.
  • HISD’s own discovery responses and witnesses concede that an HISD teacher is unable to verify or replicate his EVAAS score based on the limited information provided by HISD.
  • According to the unrebutted testimony of plaintiffs’ expert, without access to SAS’s proprietary information – the value-added equations, computer source codes, decision rules, and assumptions – EVAAS scores will remain a mysterious “black box,” impervious to challenge.
  • While conceding that a teacher’s EVAAS score cannot be independently verified, HISD argues that the Constitution does not require the ability to replicate EVAAS scores “down to the last decimal point.” But EVAAS scores are calculated to the second decimal place, so an error as small as one hundredth of a point could spell the difference between a positive or negative EVAAS effectiveness rating, with serious consequences for the affected teacher.

Hence, “When a public agency adopts a policy of making high stakes employment decisions based on secret algorithms incompatible with minimum due process, the proper remedy is to overturn the policy.”

Moreover, he wrote, that all of this is part of the violation of teaches’ Fourteenth Amendment rights. Hence, he also wrote, “On this summary judgment record, HISD teachers have no meaningful way to ensure correct calculation of their EVAAS scores, and as a result are unfairly subject to mistaken deprivation of constitutionally protected property interests in their jobs.”

Otherwise, Judge Smith granted summary judgment to the district on the other claims forwarded by the plaintiffs, including plaintiffs’ equal protection claims. All of us involved in the case — recall that Jesse Rothstein and I served as the expert witnesses on behalf of the plaintiffs, and Thomas Kane of the Measures of Effective Teaching (MET) Project and John Friedman of the infamous Chetty et al. studies (see here and here) served as the expert witnesses on behalf of the defendants — knew that all of the plaintiffs’ claims would be tough to win given all of the constitutional legal standards would be difficult for plaintiffs to satisfy (e.g., that evaluating teachers using their value-added scores was not “unreasonable” was difficult to prove, as it was in the Tennessee case we also fought and was then dismissed on similar grounds (see here)).

Nonetheless, that “we” survived on the due process claim is fantastic, especially as this is the first case like this of which we are aware across the country.

Here is the press release, released last night by the AFT:

May 4, 2017 – AFT, Houston Federation of Teachers Hail Court Ruling on Flawed Evaluation System

Statements by American Federation of Teachers President Randi Weingarten and Houston Federation of Teachers President Zeph Capo on U.S. District Court decision on Houston’s Evaluation Value-Added Assessment System (EVAAS), known elsewhere as VAM or value-added measures:

AFT President Randi Weingarten: “Houston developed an incomprehensible, unfair and secret algorithm to evaluate teachers that had no rational meaning. This is the algebraic formula: = + (Σ∗≤Σ∗∗ × ∗∗∗∗=1)+

“U.S. Magistrate Judge Stephen Smith saw that it was seriously flawed and posed a threat to teachers’ employment rights; he rejected it. This is a huge victory for Houston teachers, their students and educators’ deeply held contention that VAM is a sham.

“The judge said teachers had no way to ensure that EVAAS was correctly calculating their performance score, nor was there a way to promptly correct a mistake. Judge Smith added that the proper remedy is to overturn the policy; we wholeheartedly agree. Teaching must be about helping kids develop the skills and knowledge they need to be prepared for college, career and life—not be about focusing on test scores for punitive purposes.”

HFT President Zeph Capo: “With this decision, Houston should wipe clean the record of every teacher who was negatively evaluated. From here on, teacher evaluation systems should be developed with educators to ensure that they are fair, transparent and help inform instruction, not be used as a punitive tool.”

New Texas Lawsuit: VAM-Based Estimates as Indicators of Teachers’ “Observable” Behaviors

Last week I spent a few days in Austin, one day during which I provided expert testimony for a new state-level lawsuit that has the potential to impact teachers throughout Texas. The lawsuit — Texas State Teachers Association (TSTA) v. Texas Education Agency (TEA), Mike Morath in his Official Capacity as Commissioner of Education for the State of Texas.

The key issue is that, as per the state’s Texas Education Code (Sec. § 21.351, see here) regarding teachers’ “Recommended Appraisal Process and Performance Criteria,” The Commissioner of Education must adopt “a recommended teacher appraisal process and criteria on which to appraise the performance of teachers. The criteria must be based on observable, job-related behavior, including: (1) teachers’ implementation of discipline management procedures; and (2) the performance of teachers’ students.” As for the latter, the State/TEA/Commissioner defined, as per its Texas Administrative Code (T.A.C., Chapter 15, Sub-Chapter AA, §150.1001, see here), that teacher-level value-added measures should be treated as one of the four measures of “(2) the performance of teachers’ students;” that is, one of the four measures recognized by the State/TEA/Commissioner as an “observable” indicator of a teacher’s “job-related” performance.

While currently no district throughout the State of Texas is required to use a value-added component to assess and evaluate its teachers, as noted, the value-added component is listed as one of four measures from which districts must choose at least one. All options listed in the category of “observable” indicators include: (A) student learning objectives (SLOs); (B) student portfolios; (C) pre- and post-test results on district-level assessments; and (D) value-added data based on student state assessment results.

Related, the state has not recommended or required that any district, if the value-added option is selected, to choose any particular value-added model (VAM) or calculation approach. Nor has it recommended or required that any district adopt any consequences as attached to these output; however, things like teacher contract renewal and sharing teachers’ prior appraisals with other districts in which teachers might be applying for new jobs is not discouraged. Again, though, the main issue here (and the key points to which I testified) was that the value-added component is listed as an “observable” and “job-related” teacher effectiveness indicator as per the state’s administrative code.

Accordingly, my (5 hour) testimony was primarily (albeit among many other things including the “job-related” part) about how teacher-level value-added data do not yield anything that is observable in terms of teachers’ effects. Likewise, officially referring to these data in this way is entirely false, in fact, in that:

  • “We” cannot directly observe a teacher “adding” (or detracting) value (e.g., with our own eyes, like supervisors can when they conduct observations of teachers in practice);
  • Using students’ test scores to measure student growth upwards (or downwards) and over time, as is very common practice using the (very often instructionally insensitive) state-level tests required by No Child Left Behind (NCLB), and doing this once per year in mathematics and reading/language arts (that includes prior and other current teachers’ effects, summer learning gains and decay, etc.), is not valid practice. That is, doing this has not been validated by the scholarly/testing community; and
  • Worse and less valid is to thereafter aggregate this student-level growth to the teacher level and then call whatever “growth” (or the lack thereof) is because of something the teacher (and really only the teacher did), as directly “observable.” These data are far from assessing a teacher’s causal or “observable” impacts on his/her students’ learning and achievement over time. See, for example, the prior statement released about value-added data use in this regard by the American Statistical Association (ASA) here. In this statement it is written that: “Research on VAMs has been fairly consistent that aspects of educational effectiveness that are measurable and within teacher control represent a small part of the total variation [emphasis added to note that this is variation explained which = correlational versus causal research] in student test scores or growth; most estimates in the literature attribute between 1% and 14% of the total variability [emphasis added] to teachers. This is not saying that teachers have little effect on students, but that variation among teachers [emphasis added] accounts for a small part of the variation [emphasis added] in [said test] scores. The majority of the variation in [said] test scores is [inversely, 86%-99% related] to factors outside of the teacher’s control such as student and family background, poverty, curriculum, and unmeasured influences.”

If any of you have anything to add to this, please do so in the comments section of this post. Otherwise, I will keep you posted on how this goes. My current understanding is that this one will be headed to court.

New Mexico Lawsuit Update

The ongoing lawsuit in New Mexico has, once again (see here and here), been postponed to October of 2017 due to what are largely (and pretty much only) state (i.e., Public Education Department (PED)) delays. Whether the delays are deliberate are uncertain but being involved in this case… The (still) good news is that the preliminary injunction granted to teachers last fall (see here) still holds so that teachers cannot (or are not to) face consequences as based on the state’s teacher evaluation system.

For more information, this is the email the American Federation of Teachers – New Mexico (AFT NM) and the Albuquerque Teachers Federation (ATF) sent out to all of their members yesterday:

Yesterday, both AFT NM/ATF and PED returned to court to address the ongoing legal battle against the PED evaluation system. Our lawyer proposed that we set a court date ASAP. The PED requested a date for next fall citing their busy schedule as the reason. As a result, the court date is now late October 2017.

While we are relieved to have a final court date set, we are dismayed at the amount of time that our teachers have to wait for the final ruling.

In a statement to the press, ATF President Ellen Bernstein reflected on the current state of our teachers in regards to the evaluation system, “Even though they know they can’t be harmed in their jobs right now, it bothers them in the core of their being, and nothing I can say can take that away…It’s a cloud over everybody.”

AFT NM President Stephanie Ly, said, “It is a shame our educators still don’t have a legitimate evaluation system. The PED’s previous abusive evaluation system was thankfully halted through an injunction by the New Mexico courts, and the PED has yet to create an evaluation system that uniformly and fairly evaluates educators, and have shown no signs to remedy this situation. The PED’s actions are beyond the pale, and it is simply unjust.”

While we await trial, we want to thank our members who sent in their evaluation data to help our case. Remind your colleagues that they may still advance in licensure by completing a dossier; the PED’s arbitrary rating system cannot negatively affect a teacher’s ability to advance thanks to the injunction won by AFT NM/ATF last fall. That injunction will stay in place until a ruling is issued on our case next October.

In Solidarity,

Stephanie Ly

New Mexico Lawsuit Update

As you all likely recall, the American Federation of Teachers (AFT), joined by the Albuquerque Teachers Federation (ATF), last fall, filed a “Lawsuit in New Mexico Challenging [the] State’s Teacher Evaluation System.” Plaintiffs charged that the state’s teacher evaluation system, imposed on the state in 2012 by the state’s current Public Education Department (PED) Secretary Hanna Skandera (with value-added counting for 50% of teachers’ evaluation scores), was unfair, error-ridden, spurious, harming teachers, and depriving students of high-quality educators, among other claims (see the actual lawsuit here). Again, I’m serving as the expert witness on the side of the plaintiffs in this suit.

As you all likely also recall, in December of 2015, State District Judge David K. Thomson granted a preliminary injunction preventing consequences from being attached to the state’s teacher evaluation data. More specifically, Judge Thomson ruled that the state could proceed with “developing” and “improving” its teacher evaluation system, but the state was not to make any consequential decisions about New Mexico’s teachers using the data the state collected until the state (and/or others external to the state) could evidence to the court during another trial (initially set for April 2016, then postponed to October 2016, and likely to be postponed again) that the system is reliable, valid, fair, uniform, and the like (see prior post on this ruling here).

Well, many of you have (since these prior posts) written requesting updates regarding this lawsuit, and here is one as released jointly by the AFT and ATF. This accurately captures the current and ongoing situation:

September 23, 2016

Many of you will remember the classic Christmas program, Rudolph the Red Nose Reindeer, and how the terrible and menacing abominable snowman became harmless once his teeth were removed. This is how you should view the PED evaluation you recently received – a harmless abominable snowman.  

The math is still wrong, the methodology deeply flawed, but the preliminary injunction achieved by our union, removed the teeth from PED’s evaluations, and so there is no reason to worry. As explained below, we will continue to fight these evaluations and will not rest until the PED institutes an evaluation system that is fair, meaningful, and consistently applied.

For all of you, who just got arbitrarily labeled by the PED in your summative evaluations, just remember, like the abominable snowman, these labels have no teeth, and your career is safe.

2014-2015 Evaluations

These evaluations, as you know, were the subject of our lawsuit filed in 2014. As a result of the Court’s order, the preliminary injunction, no negative consequences can result from your value-added scores.

In an effort to comply with the Court’s order, the PED announced in May it would be issuing new regulations.  This did not happen, and it did not happen in June, in July, in August, or in September. The bottom line is the PED still has not issued new regulations – though it still promises that those regulations are coming soon. So much for accountability.

The trial on the old regulations, scheduled for October 24, has been postponed based upon the PED’s repetitive assertions that new regulations would be issued.

In addition, we have repeatedly asked the PED to provide their data, which they finally did, however it lacked the codebook necessary to meaningfully interpret the data. We view this as yet another stall tactic.

Soon, we will petition the Court for an order compelling PED to produce the documents it promised months ago. Our union’s lawyers and expert witnesses will use this data to critically analyze the PED’s claims and methodology … again.

2015-2016 Evaluations

Even though the PED has condensed the number of ways an educator can be evaluated in a false attempt to satisfy the Courts, the fact remains that value-added models are based on false math and highly inaccurate data. In addition to the PED’s information we have requested for the 2014-2015 evaluations, we have requested all data associated with the current 2015-2016 evaluations.

If our experts determine the summative evaluation scores are again, “based on fundamentally, and irreparably, flawed methodology which is further plagued by consistent and appalling data errors,” we will also challenge the 2015-2016 evaluations. If the PED ever releases new regulations, and we determine that they violate statute (again), we will challenge those regulations, as well.

Rest assured our union will not stop challenging the PED until we are satisfied they have adopted an evaluation system that is respectful of students and educators. We will keep you updated as we learn more information, including the release of new regulations and the rescheduled trial date.

In Solidarity,

Stephanie Ly                                   Ellen Bernstein
President, AFT NM                         President, ATF