Archives for category: Teacher Evaluations

In a stunning reversal,the Tennessee Legislature overwhelmingly repealed a law to evaluate teachers by test scores, and the law was swiftly signed by Governor Haslam. On a day when Arne Duncan withdrew Washington State’s failure to enact test-based teacher valuation system, this is a remarkable turn of events.

Joey Garrison of The Tennessean reports:

“Gov. Bill Haslam has signed into law a bill that will prevent student growth on tests from being used to revoke or not renew a teacher’s license — undoing a controversial education policy his administration had advanced just last summer.

“The governor’s signature, which came Tuesday, follows the Tennessee General Assembly’s overwhelming approval this month of House Bill 1375 / Senate Bill 2240, sponsored by Republicans Rep. John Forgety and Sen. Jim Tracy, which cleared the House by a unanimous 88-0 vote and the Senate by a 26-6 vote.

“That marked a major repudiation of a policy the Tennessee Board of Education in August adopted — at Education Commissioner Kevin Huffman’s recommendation — that would have linked license renewal and advancement to a teacher’s composite evaluation score as well as data collected from the Tennessee Value-Added Assessment System, which measures the learning gains of students.

“The bill to reject the policy had been pushed chiefly by the Tennessee Education Association, the state’s largest teachers’ organization, which engineered a petition drive to encourage Haslam to sign the legislation despite it passing with large bipartisan support.

“Huge, huge win for teachers,” the TEA wrote on its Twitter page, thanking both bill sponsors as well as Haslam for “treating teachers as professionals.”

“Eyeing a 2015 implementation, the state board in January had agreed to back down from using student learning gains as the sole and overriding reason to revoke a license. Composite evaluation scores, in which 35 percent is influenced by value-added data, were to centerpiece.”

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Two interesting points here: one, Duncan has been hailing Tennessee as a demonstration of the “success” of Race to the Top, in which test-based evaluation of teachers is key. What happens now?

Second, state Commissioner Kevin Huffman is so unpopular that anything he supports is likely to be rejected. His enemies hope he doesn’t leave Tennessee because whatever he recommends generates opposition, even among his allies.

 

Subject: POLITICO Breaking News

The Education Department is pulling Washington state’s No Child Left Behind waiver because the state has not met the department’s timeline for tying teacher evaluations to student performance metrics.

Washington is the first state to lose its waiver. The loss will give local districts less flexibility in using federal funds. For instance, they may now be required to spend millions on private tutoring services for at-risk students. The waiver revocation could also result in nearly every school across the state being labeled as failing under NCLB.

Washington had pledged in its waiver application to make student growth a significant factor in teacher and principal evaluations by the 2014-15 school year. But the state Legislature refused to pass a bill mandating that student performance on statewide assessments be included in teacher evaluations. The department placed the state on “high-risk” status in August. Arizona, Kansas and Oregon are also at risk of losing their waivers.

For more information… http://www.politico.com

 

Secretary of Education Arne Duncan handed out numerous waivers to states to avoid the 2014 deadline in the No Child Left Behind law.

Under the law, every state must assure that every single child in grades 3-8 is proficient on state tests of reading and mathematics.

No state met the deadline. If the law remains in effect (it was supposed to be reauthorized in 2007, but gets extended year after year), every state would be declared a failed state, and virtually every public school in the United States would be closed or privatized or suffer some other sanction for failing to meet an impossible goal. It bears pointing out that no nation in the world can claim that 100% of its students are proficient in reading and math.

But Duncan didn’t hand out waivers wholesale. Instead, he made the waiver conditional on the state agreeing to accept his conditions, which were similar to the conditions in Race to the Top. In effect, states are now following Race to the Top requirements but without the prize money.

One of the central conditions of the waiver, like Race to the Top, was that states must agree to evaluate their teachers and principals based to a significant degree on the test scores of their students.

Washington State has failed to create such a system. Today Arne Duncan withdrew Washington State’s NCLB waiver to punish it for failing to do as he demanded.

Perhaps legislators in Washington State noticed that this method of evaluating teachers and principals has failed wherever it was tried.

Perhaps they read the joint report of the National Academy of Education and the American Educational Research Association, which cautioned that “value-added measurement” was inaccurate and unstable, and that it measures who is in the classroom rather than teacher quality. The legislators probably did not have a chance to read the recent report of the American Statistical Association, which also cautioned on the use of VAM, because of its imprecision and its unintended effects. But they may have read Stanford Professor Edward Haertel’s advice that states should not set numerical percentages for the use of test scores to evaluate teachers. All of these reports reach the same conclusion: that Duncan’s favorite solution to raising teacher quality does not have evidence to support it.

Let’s hope that Washington State says no to the illegitimate demands of the Secretary of Education. Duncan is overreaching. He is not the nation’s superintendent of schools. He should learn about federalism and about the limited role of the federal government in the area of education.

Meanwhile, I hope that the state of Washington sues the Secretary of Education and helps him learn about federalism and about the importance of evidence in policymaking.

Here is Duncan’s official letter to Washington State, notifying them that they are being punished for defying his orders.

Here is Peter Greene’s deconstruction of Arne Duncan’s letter to Washington State: read here.

Laura H. Chapman left the following comment. The word “desperate” to describe this quest for a scientific, data-based means of judging teachers is mine. Something about it smacks of anti-intellectualism, the kind of busywork exercise that an engineer would design, especially if he had never taught K-12. This is the sort of made-up activity that steals time from teaching and ultimately consumes a lot of time with minimal rewards.

Chapman writes:

Please give at least equal attention to the 70% of teachers who have job assignments without VAMs (no state-wide tests). For this majority, USDE promotes Student Learning Objectives (SLOs) or Student Growth Objectives (SGOs), a version of 1950s management-by-objectives on steroids.

Teachers who have job-alike assignments fill in a template to describe an extended unit or course they will teach. A trained evaluator rates the SLO/SGO (e.g. “high quality” to “unacceptable” or “incomplete”).

The template requires the teacher to meet about 25 criteria, including a prediction of the pre-test to post-test gains in test scores of their students on an approved district-wide test. Districts may specify a minimum threshold for these gains.

Teachers use the same template to enter the pre-and post-test scores. An algorithm determines if the gain meets the district threshold for expectations, then stack ranks teachers as average, above or below average, or exceeding expectations.

1. The Denver SLO/SGO template is used in many states. This example is for art teachers—-Denver Public Schools. (2013). Welcome to student growth objectives: New rubrics with ratings. http://sgoinfo.dpsk12.org/
2. One of the first attempts to justify the use of SLOs/SGOs for RttT—-Southwest Comprehensive Center at WestEd (n.d.). Measuring student growth in non-tested grades and subjects: A primer. Phoenix, AZ: Author. http://nassauboces.org/cms/lib5/NY18000988/Centricity/Domain/156/NTS__PRIMER_FINAL.pdf

3. This USDE review shows that SLOs/SGOs have no solid research to support their use—-Gill, B., Bruch, J., & Booker, K. (2013). Using alternative student growth measures for evaluating teacher performance: What the literature says. (REL 2013–002). Washington, DC: U.S. Department of Education, Institute of Education Sciences, National Center for Education Evaluation and Regional Assistance, Regional Educational Laboratory Mid-Atlantic. http://ies.ed.gov/ncee/edlabs.

4. The USDE marketing program on behalf of SLOs/SGOs—-Reform Support Network. (2012, December). A quality control toolkit for student learning objectives. http://www2.ed.gov/about/inits/ed/implementation-support-unit/tech-assist/slo-toolkit.pd

5. The USDE marketing campaign for RttT teacher evaluation and need for district “communication SWAT teams” (p. 9) —- Reform Support Network. (2012, December). Engaging educators, Toward a New grammar and framework for educator engagement. Author. http://www2.ed.gov/about/inits/ed/implementation-support-unit/tech-assist/engaging-educators.pdf

6. Current uses of SLOs/SGOs by state—-Lacireno-Paquet, N., Morgan, C., & Mello, D. (2014). How states use student learning objectives in teacher evaluation systems: a review of state websites. Washington, DC: US Department of Education, Institute of Education Sciences. http://ies.ed.gov/ncee/edlabs/regions/northeast/pdf/REL_2014013.pdf

7. Flaws in the concepts of “grade-level expectation” and “a year’s worth of growth” —-Ligon, G. D. (2009). The optimal reference guide: Performing on grade level and making a year’s growth: Muddled definitions and expectations, growth model series, Part III. Austin, TX: ESP Solutions http://www.espsolutionsgroup.com/espweb/assets/files/ESP_Performing_on_Grade_Level_ORG.pdf

Colorado has one of the most punitive teacher evaluation systems in the nation, passed in 2010. It was written by State Senator Michael Johnston, ex-TFA. Contrary to the conclusions of the American Statistical Association, the American Educational Research Association, and eminent researchers such as Linda Darling-Hammond and Edward Haertel of Stanford, Colorado’s SB 191 bases 50% of teachers’ evaluation on student test scores. This creates tremendous pressure to narrow the curriculum only to what is tested and to teach to the test. Senator Johnston vainly insisted that his legislation would produce “great teachers” and “great schools.”

Pauline Hawkins, a teacher in Colorado, explains here why she is resigning as a teacher in Colorado. The environment she leaves with regret was created by George W. Bush, Arne Duncan, and Michael Johnston.

Hawkins writes:

Dear Administrators, Superintendent, et al.:

This is my official resignation letter from my English teaching position.

I’m sad to be leaving a place that has meant so much to me. This was my first teaching job. For eleven years I taught in these classrooms, I walked these halls, and I befriended colleagues, students, and parents alike. This school became part of my family, and I will be forever connected to this community for that reason.

I am grateful for having had the opportunity to serve my community as a teacher. I met the most incredible people here. I am forever changed by my brilliant and compassionate colleagues and the incredible students I’ve had the pleasure of teaching.

I know I have made a difference in the lives of my students, just as they have irrevocably changed mine. Teaching is the most rewarding job I have ever had. That is why I am sad to leave the profession I love.

Even though I am primarily leaving to be closer to my family, if my family were in Colorado, I would not be able to continue teaching here. As a newly single mom, I cannot live in this community on the salary I make as a teacher. With the effects of the pay freeze still lingering and Colorado having one of the lowest yearly teaching salaries in the nation, it has become financially impossible for me to teach in this state.

Along with the salary issue, ethically, I can no longer work in an educational system that is spiraling downwards while it purports to improve the education of our children.

I began my career just as No Child Left Behind (NCLB) was gaining momentum. The difference between my students then and now is unmistakable. Regardless of grades or test scores, my students from five to eleven years ago still had a sense of pride in whom they were and a self-confidence in whom they would become someday. Sadly, that type of student is rare now. Every year I have seen a decline in student morale; every year I have more and more wounded students sitting in my classroom, more and more students participating in self-harm and bullying. These children are lost and in pain.

It is no coincidence that the students I have now coincide with the NCLB movement twelve years ago–and it’s only getting worse with the new legislation around Race to the Top.

I have sweet, incredible, intelligent children sitting in my classroom who are giving up on their lives already. They feel that they only have failure in their futures because they’ve been told they aren’t good enough by a standardized test; they’ve been told that they can’t be successful because they aren’t jumping through the right hoops on their educational paths. I have spent so much time trying to reverse those thoughts, trying to help them see that education is not punitive; education is the only way they can improve their lives. But the truth is, the current educational system is punishing them for their inadequacies, rather than helping them discover their unique talents; our educational system is failing our children because it is not meeting their needs.

I can no longer be a part of a system that continues to do the exact opposite of what I am supposed to do as a teacher–I am supposed to help them think for themselves, help them find solutions to problems, help them become productive members of society. Instead, the emphasis on Common Core Standards and high-stakes testing is creating a teach-to-the-test mentality for our teachers and stress and anxiety for our students. Students have increasingly become hesitant to think for themselves because they have been programmed to believe that there is one right answer that they may or may not have been given yet. That is what school has become: A place where teachers must give students “right” answers, so students can prove (on tests riddled with problems, by the way) that teachers have taught students what the standards have deemed are a proper education.

As unique as my personal situation might be, I know I am not the only teacher feeling this way. Instead of weeding out the “bad” teachers, this evaluation system will continue to frustrate the teachers who are doing everything they can to ensure their students are graduating with the skills necessary to become civic minded individuals. We feel defeated and helpless: If we speak out, we are reprimanded for not being team players; if we do as we are told, we are supporting a broken system.

Since I’ve worked here, we have always asked the question of every situation: “Is this good for kids?” My answer to this new legislation is, “No. This is absolutely not good for kids.” I cannot stand by and watch this happen to our precious children–our future. The irony is I cannot fight for their rights while I am working in the system. Therefore, I will not apply for another teaching job anywhere in this country while our government continues to ruin public education. Instead, I will do my best to be an advocate for change. I will continue to fight for our children’s rights for a free and proper education because their very lives depend upon it.

My final plea as a district employee is that the principals and superintendent ask themselves the same questions I have asked myself: “Is this good for kids? Is the state money being spent wisely to keep and attract good teachers? Can the district do a better job of advocating for our children and become leaders in this educational system rather than followers?” With my resignation, I hope to inspire change in the district I have come to love. As Benjamin Franklin once said: “All mankind is divided into three classes: Those that are immovable, those that are movable, and those that move.” I want to be someone who moves and makes things happen. Which one do you want to be?

Sincerely,

Pauline Hawkins

A few days ago, I published a post about a paper by Kirabo Jackson, explaining that the non-cognitive effects of teachers are often more important than the test scores of their students.

 

As it happened, mathematician Robert Berkman read the paper and explains here why it is another nail in the coffin of value-added measures, which judge teacher quality by the rise or fall of student test scores.

 

Berkman writes:

 

In this post, I’m going to examine one of the studies that no doubt had a profound impact on the members of AMSTAT that led them to this radical (but self-evident) conclusion. In 2012, the researcher C. Kirabo Jackson at Northwestern University published a “working paper” for the National Bureau of Economic Research, a private, nonprofit, nonpartisan research organization dedicated to promoting a greater understanding of how the economy works (I’m quoting here from their website.) The paper, entitled “Non-Cognitive Ability, Test Scores, and Teacher Quality: Evidence from 9th Grade Teachers in North Carolina” questions the legitimacy of evaluating a teacher based on his/her students’ test scores. Actually, it is less about “questioning” and more about “decimating” and “annihilating” the practice of VAM.

 

He adds:

 

What should be noted is that Jackson is not an educational researcher, per se. Jackson was trained in economics at Harvard and Yale and is an Associate Professor of Human Development and Social Policy. His interest is in optimizing measurement systems, not taking positions on either side of the standardized testing debate. Although this paper should reek with indignation and anger, it makes it’s case using almost understated tone and is filled with careful phrasing like “more than half of teachers who would improve long run outcomes may not be identified using test scores alone,” and “one might worry that test-based accountability may induce teachers to divert effort away from improving students’ non-cognitive skills in order to improve test scores.”

But lets get to the meat of the matter, because this paper is 42 pages long and incorporates mind-boggling statistical techniques that account for every variable one might want to filter out to answer the question: are test scores enough to judge the effectiveness of a teacher? Jackson’s unequivocal conclusion: no, not even remotely.

 

The only puzzle is why Arne Duncan keeps shoving VAM down the throats of states and school districts.

 

 

PS: Berkman added his credentials in a comment:

“I’m a math teacher who has worked with pre-K through college aged students for 30 years. My degrees are in Urban Studies, and Elementary Math Education. I have also done extensive work in neuroscience and numeracy, as well as technology and education, not to mention cognitive science.”
 

 

 

Paul Thomas follows Anthony Cody’s previously cited post by describing the unrelenting attack on teachers, which has intensified with the use of statistically inappropriate measures.

He writes:

“As Cody notes above, however, simultaneously political leaders, the media, and the public claim that teachers are the most valuable part of any student’s learning (a factually untrue claim), but that high-poverty and minority students can be taught by those without any degree or experience in education (Teach for America) and that career teachers no longer deserve their profession—no tenure, no professional wages, no autonomy, no voice in what or how they teach.

And while the media and political leaders maintain these contradictory narratives and support these contradictory policies, value-added methods (VAM) of evaluating and compensating U.S. public teachers are being adopted, again simultaneously, as the research base repeatedly reveals that VAM is yet another flawed use of high-stake accountability and testing.”

Thomas cites review after review to demonstrate that VAM is inaccurate and deeply flawed. Yet the evidence is ignored and VAM is being used as a political weapon by the odd bedfellows of the Obama administration and rightwing governors as well as some Democratic governors, like Andrew Cuomo of New York and Dannell Malloy of Connecticut, to attack teachers. President Obama made a point of praising the Chetty study in his 2012 State of the Union address, not waiting for the many reviews that showed the error of measuring teacher quality by test scores.

Thomas writes:

“The rhetoric about valuing teachers rings hollow more and more as teaching continues to be dismantled and teachers continue to be devalued by misguided commitments to VAM and other efforts to reduce teaching to a service industry.

“VAM as reform policy, like NCLB, is sham-science being used to serve a corporate need for cheap and interchangeable labor. VAM, ironically, proves that evidence does not matter in education policy.”

Sara Stevenson, librarian at O. Henry Middle School in Austin, published an article in the Austin American-Statesman, written as a warning to Texas Education Commissioner Michael Williams. The article appeared on April 11, amd it is behind a paywall is I have no link.

Stevenson did an excellent job of reviewing the research literature on value-added measurement and warned Commissioner Williams that VAM is neither accurate nor stable. Further it is very demoralizing to teachers to be publicly shamed by these ratings. She mentions the suicide of Roberto Riguelas, a teacher in Los Angeles who committed suicide only days after his rating was published by the Los Angeles Times.

She writes:

“Texas Education Commissioner Michael Williams is tasked with crafting a plan to tie teacher evaluations to STAAR test scores. The Obama administration requires states receiving waivers from this year’s impossible 100 percent passing rate on Bush’s No Child Left Behind law to incorporate student test scores as part of the state teacher evaluation formula. Williams should just say no.

“First of all, value-added measurement, or VAM, is junk science. It has been debunked in multiple studies. Researchers with the RAND Corp. concluded that there were so many cases of error and bias in the formulations that they reject using VAM for high-stakes decisions. Stanford professor Edward Haertel also warns against using these unstable measures for high-stakes purposes. Furthermore, a Vanderbilt study concludes that tying teacher evaluations to VAM undermined professionalism and demoralized teachers.”

And she concludes:

“Student success in school is multi-determined. For instance, the most important factor is socioeconomic status. This is not to say poor kids can’t learn. It’s just something researchers have proven over and over again. Therefore, you could, theoretically, take the worst teacher at Hill Country Middle School in the Eanes school district, where 2 percent of students qualify for free or reduced lunch, and her students would score higher than students of the most dedicated, selfless teacher at Pearce Middle School in East Austin, a school made up of more than 95 percent of students who qualify for free or reduced lunch.

“Considering both research and common sense, it would be harmful for Texas to tie teacher evaluation to student test scores. Imposing these criteria on Texas teachers will force the best to flee and find other means of employment. Who will risk his career to teach our neediest students? This trend will not bode well for our youngest citizens, who will determine our future.

“Texas legislators need to say no to the VAM bandwagon.”

Kim Cook, a first-grade teacher in Florida, received a bonus of $400. She donated it to the Network for Public Education to fight the failed ideas of corporate reform, which prevail in her state.

She is the second teacher to donate their bonus to NPE to fight fake reforms that demean teachers and distort education. Not long ago, Kevin Strang, an instrumental music teacher from Florida, donated his $800 bonus, awarded because he teaches in a school that was rated A.

On behalf of NPE, we thank Kim and Kevin. We hope other teachers will follow their lead. We pledge to fight for you and to advance the day when non-educators and politicians stop meddling with your work and let you teach.

I asked Kim to tell me why she decided to do this. This was her reply:

“Hi Diane,

“Yes, I donated $400. I am a first grade teacher in Alachua County, Florida. I was inspired by Kevin Strang’s donation last month. I, too, received bonus money, not because I work at an “A” school, but because my school’s grade went from a “D” to a “C.”

“Here’s the catch: I don’t teach at the school that determines my school’s grade. I teach at Irby Elementary School in Alachua, Florida, which only serves grades K-2. My school’s grade is determined by students at the grade 3-5 school up the road.

“I have only been working at Irby Elementary for three years, so I have never met–never even passed in the hall–the fourth and fifth grade students whose FCAT scores determined my school’s grade. Even if I had, I completely disagree with high-stakes testing and tying teachers’ bonuses, salaries, and evaluations to those scores. I am donating my bonus money to NPE because I am fighting the failed policies of education “reformers” in every way that I can. Thank you for providing me an avenue through which to do that!

“Here is some background information on me. I am the Florida teacher that received an unsatisfactory evaluation based on students I had never taught at the same time I was named my school’s teacher of the year. My story made it into Valerie Strauss’ The Answer Sheet.

I am also the lead plaintiff in Florida Education Association/NEA’s lawsuit challenging the constitutionality of VAM.

With deep appreciation and respect,

Kim Cook

The central feature of the Obama administration’s $5 billion “Race to the Top” program was sharply deconstructed and refuted last week by the American Statistical Association, one of the nation’s leading scholarly organizations. Spurred on by the administration’s combination of federal cash and mandates, most states are now using student test scores to rank and evaluate teachers. This method of evaluating teachers by test scores is called value-added measurement, or VAM. Teachers’ compensation, their tenure, bonuses, and other rewards and sanctions are tied directly to the rise or fall of their student test scores, which the Obama administration considers a good measure of teacher quality.

Secretary Arne Duncan believes so strongly in VAM that he has threatened to punish Washington state for refusing to adopt this method of evaluating teachers and principals. In New York, a state court fined New York City $150 million for failing to agree on a VAM plan.

The ASA issued a short but stinging statement that strongly warned against the misuse of VAM. The organization neither condemns nor promotes the use of VAM, but its warnings about the limitations of this methodology clearly demonstrate that the Obama administration has committed the nation’s public schools to a policy fraught with error. ASA warns that VAMs are “complex statistical models” that require “high-level statistical expertise” and awareness of their “assumptions and possible limitations,” especially when they are used for high-stakes purposes as is now common. Few, if any, state education departments have the statistical expertise to use VAM models appropriately. In some states, like Florida, teachers have been rated based on the scores of students they never taught.

The ASA points out that VAMs are based on standardized tests and “do not directly measure potential teacher contributions toward other student outcomes.” They typically measure correlation, not causation. That means that the rise or fall of student test scores attributed to the teacher might actually be caused by other factors outside the classroom, not under the teacher’s control. The VAM rating of teachers is so unstable that it may change if the same students are given a different test.

The ASA’s most damning indictment of the policy promoted so vigorously by Secretary of Education Arne Duncan is:

“Most VAM studies find that teachers account for about 1% to 14% of the variability in test scores, and that the majority of opportunities for quality improvement are found in the system-level conditions. Ranking teachers by their VAM scores can have unintended consequences that reduce quality.” The ASA points out: “This is not saying that teachers have little effect on students, but that variation among teachers accounts for a small part of the variation in scores. The majority of the variation in test scores is attributable to factors outside of the teacher’s control such as student and family background, poverty, curriculum, and unmeasured influences.”

As many education researchers have explained–including a joint statement by the American Educational Research Association and the National Academy of Education– the VAM ratings of those who teach children with disabilities and English language learners will be low, because these children have greater learning challenges than their peers, as will the ratings of those who teach gifted students, because the latter group has already reached a ceiling. Those two groups, like the ASA agreed that test scores are affected by many factors besides the teacher, not only the family, but the school’s leadership, its resources, class size, curriculum, as well as the student’s motivation, attendance, and health. Yet the Obama administration and most of our states are holding teachers alone accountable for student test scores.

The ASA warns that the current heavy reliance on VAMs for high-stakes testing and their simplistic interpretation may have negative effects on the quality of education. There will surely be unintended consequences, such as a diminishment in the number of people willing to become teachers in an environment where “quality” is so crudely measured. There will assuredly be more teaching to the test.. With the Obama administration’s demand for VAM, “more classroom time might be spent on test preparation and on specific content from the test at the exclusion of content that may lead to better long-term learning gains or motivation for students. Certain schools may be hard to staff if there is a perception that it is harder for teachers to achieve good VAM scores when working in them. Over-reliance on VAM scores may foster a competitive environment, discouraging collaboration and efforts to improve the educational system as a whole.”

For five years, the Obama administration has been warned by scholars and researchers that its demand for value-added assessment is having harmful effects on teachers and students, on the morale of teachers, on the recruitment of new teachers, and on the quality of education, which has been reduced to nothing more than standardized testing. Secretary Duncan has brushed aside all objections and pushed full steam ahead with his disastrous policies, like Captain Ahab in pursuit of the great white whale, heedless to all warnings.

Based on the complementary statements of our nation’s most eminent scholarly associations, any teacher who is wrongfully terminated by Duncan’s favorite but deeply flawed methodology should sue for wrongful termination. What is not so clear is how the nation can protect our children and our public schools from this administration’s obsessive reliance on standardized tests to rank and rate students, teachers, principals, and schools.

Arne Duncan may withdraw the waiver he extended to Washington State because it failed to adopt a test-based teacher evaluation system, as he demanded.

The first question is, what this will mean for Washington State, should Duncan withdraw the waiver? If the state reverts to the requirements of NCLB, then very likely every school and every district will be a “failing” school or district and therefore subject to draconian punishments, such as state takeover, takeover by a private management company, takeover by charter operators, or closure. In short, the entire state public school system would be privatized, subject to state control, or closed. The utter absurdity of NCLB would be on public display for all to see. That might be a valuable lesson for the nation, helping to hasten an end to a failed law.

Another interesting question that the Washington State issue raises is where Arne Duncan got the authority to set the terms of waivers from the law. Did Congress say he could do it? I don’t think so. Is it legal for him to create conditions that mirror Race to the Top requirements but without RTTT funding? Congress might want to know the answer to that question, especially Senator Patty Murray of Washington, who will not be happy to see her entire state branded a failure. Senator Murray is chair of the Senate Budget Committee and a member of the Senate Health, Education, Labor, and Pensions committee.

Third, why should he revoke his legally dubious waiver because a state fails to enact a program that has consistently failed wherever it was tried? Evaluating teachers by test scores has not worked anywhere, has received negative reviews from most education researchers, yet Duncan clings to it with religious faith.

Why should Washington State be punished for demonstrating good judgment, wisdom, and critical thinking?