Background: Teacher and Principal Evaluation Systems. Certain aspects of performance evaluation for school employees are specified in statute. Consequences such as probation or nonrenewal of contract may be based on performance judged as not satisfactory. Legislation enacted in 2010 directed development of revised evaluation systems for teachers and principals, including new evaluation criteria for teachers and principals, and a four-level rating system using a continuum of performance based on the extent that the criteria are met. Data on student growth—the change in student achievement between two points in time—may be included in an evaluation of a teacher or principal if it is based on multiple measures of student achievement. The 2013-14 school year is the first year all school districts must begin implementation of the revised teacher and principal evaluation systems.

Elements of Student Growth Data. Student growth data to be factored into the evaluation process for both certificated classroom staff and principals must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools. Student growth data may include the teacher or principal's performance as a member of a grade level, subject matter, or other instructional team within a school. Student growth data may also include the teacher or principal's performance as a member of the overall instructional team of a school.

No Child Left Behind Act (NCLB)/Elementary and Secondary Education Act (ESEA)Waiver. Under the federal NCLB/ESEA, schools and school districts that receive federal Title I money must meet an adequate yearly progress target for all students in reading and mathematics and reach 100 percent student proficiency in both subjects by 2014. Failure to meet the target goals in adequate yearly progress and student proficiency triggers consequences for a school. Consequences include that parents must be notified that the school has not met the adequate yearly progress goal, and 20 percent of the school's Title I funds must be set aside to provide transportation to students who transfer out of the school or district and to provide supplemental educational services such as tutoring. Washington obtained a waiver from these federal requirements in 2011. In a letter from the U.S. Department of Education (ED), which was received by the Office of Superintendent of Public Instruction (OSPI) on August 14, 2013, ED designated Washington's waiver of certain provisions of NCLB/ESEA to be at high risk and directed Washington to require the use of federally required state test scores as one the measures of student growth in Washington’s teacher and principal evaluations.