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.

3 thoughts on “New Mexico’s Motion for Summary Judgment, Following Houston’s Precedent-Setting Ruling

  1. This is good news and a welcomed ounce of sanity in the midst of so much uninformed policy making. EVASS is still required in Ohio and likely in other states. I hope there will be some additional challenges

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