The Legal Consequences of Mandating High Stakes Decisions Based on Low Quality Information - Teacher Evaluation in the Race-to-the-Top Era

Oct 15, 2026

This article explains how rigid, overly prescriptive state statutory and regulatory frameworks for teacher evaluation, tenure, and employment decisions exceed the statistical reliability and validity of proposed measures of teaching effectiveness. It analyzes emerging legislation using student testing data in evaluation systems for employment decisions, highlighting requirements for fixed test-based weights, numerical cutoffs that outstrip data precision, and the removal of professional judgment from personnel actions. It further distinguishes value-added versus growth percentile measures and evaluates the legal risks of relying on unreliable or potentially invalid effectiveness measures.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages71

Reading Time2 h 59 min

AccessFree to download

Abstract

Key Policy Features Assessed

Fixed Weight of Test-Based Measures

Numerical Cutoffs Beyond Data Precision

Removal of Professional Judgment

Value-Added vs. Other Growth Measures

Legal Implications of Reliance on Effectiveness Measures

SPECIAL ISSUE Value-Added: What America’s Policymakers Need to Know and Understand education policy analysis archives A peer-reviewed, independent, open access, multilingual journal Arizona State University | Volume 21 Number 5 | January 28th, 2013 | ISSN 1068-2341 | | --- | --- | --- | The Legal Consequences of Mandating High Stakes Decisions Based on Low Quality Information: Teacher Evaluation in the Race-to-the-Top Era Bruce D. Baker, Rutgers, The State University of New Jersey Joseph O. Oluwole, Montclair State University Preston C. Green, The Pennsylvania State University United States of America Citation: Baker, B.D., Oluwole, J., Green, P.C. III (2013) The legal consequences of mandating high stakes decisions based on low quality information: Teacher evaluation in the race-to-the-top era. Education Policy Analysis Archives, 21 (5) . This article is part of EPAA/AAPE’s Special Issue on ValueAdded: What America’s Policymakers Need to Know and Understand, Guest Edited by Dr. Audrey AmreinBeardsley and Assistant Editors Dr. Clarin Collins, Dr. Sarah Polasky, and Ed Sloat. Retrieved [date], from [http://epaa.asu.edu/ojs/article/view/1298](http://epaa.asu.edu/ojs/article/view/1298) Abstract: In this article, we explain how overly prescriptive, rigid state statutory and regulatory policy frameworks regarding teacher evaluation, tenure and employment decisions outstrip the statistical reliability and validity of proposed measures of teaching effectiveness. We begin with a discussion of the emergence of highly prescriptive state legislation regarding the use of student testing data within teacher evaluation systems, specifically for purposes of making employment Journal website: [http://epaa.asu.edu/ojs/ ](http://epaa.asu.edu/ojs/ Manuscript)[ Manuscript](http://epaa.asu.edu/ojs/ Manuscript) received: 7/1/2012 Facebook: /EPAAA Revisions received: 12/1/2012 Twitter: @epaa_aape Accepted: 12/31/2012 Education Policy Analysis Archives Vol. 21 No. 5 SPECIAL ISSUE 2 decisions. Next, we explain the most problematic features of those policies, which include a) requirements that test-based measures constitute fixed, non-negotiable weight in final decisions, b) that test-based measures are used to place teachers into categories of effectiveness by applying numerical cutoffs beyond the precision or accuracy of the available data, and c) that professional judgment is removed from personnel decisions by legislating (or regulating) specific actions be taken when teachers fall into certain performance categories. In the subsequent section, we point out that different types of measures are being developed and implemented across states, and we explain that while value-added metrics in particular are, in fact designed to estimate a teacher’s effect on student outcomes, descriptive growth percentile measures are not designed for making such inference and thus have no place in making determinations regarding teacher effectiveness. We also explain that, due to the properties of value-added estimates, they have no place in making high-stakes decisions based on rigid policy frameworks like those described herein. We evaluate the legal implications of rigid reliance on measures of teaching effectiveness that a) lack reliability and b) may be entirely invalid. Keywords: High Stakes; Race to the Top; Value Added Models (VAM) Las consecuencias jurídicas de imponer decisiones de consecuencias severas basadas en Información de baja calidad: Evaluación docente en la era de “Carrera hacia la cima”Resumen: En este artículo, explicamos cómo marcos reglamentarios y legales altamente prescriptivos y rígidos en materia de políticas sobre evaluación de los docentes, su estabilidad y otras decisiones en materia de empleo superan la fiabilidad estadística y la validez de las medidas propuestas de efectividad de la enseñanza. Empezamos con una discusión de la aparición de lo que consideramos una legislación estatal excesivam

FAQs

Why do the proposed teacher evaluation measures face legal and statistical concerns?

The article argues that rigid state frameworks outstrip the statistical reliability and validity of the measures used to represent teaching effectiveness.

What are the main problematic design elements of state policies described in the article?

The article highlights fixed, non-negotiable test weights, categorical numerical cutoffs beyond available data precision, and legislated removal of professional judgment in personnel decisions.

How does the article distinguish value-added models from other growth measures?

It states that value-added metrics estimate teacher effects on student outcomes, while descriptive growth percentile measures are not designed for that inference and therefore are unsuitable for effectiveness determinations.

Oct 15, 2026

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