Use of TVAAS is Arbitrary and Violates 14th Amendment, TEA Alleges
The Tennessee Education Association (TEA) has filed a lawsuit on behalf of a Knox County teacher who was denied a bonus under that school system’s pay plan after Tennessee Value-Added Assessment System (TVAAS) data for 10 of her students was unknowingly attributed to her.
TVAAS is Tennessee’s system of measuring student growth over time. It generates data based on student test scores on TCAP and end of course tests.
In this specific case, the teacher, Lisa Trout, was assigned TVAAS data for 10 students after being told her evaluation would be based on system-wide TVAAS data because she taught at an alternative school.
The TEA lawsuit cites two different memos which indicated that Ms. Trout could expect an evaluation (and bonus eligibility) to be based on system-wide data. At the conclusion of the school year, Ms. Trout was informed that her overall evaluation score, including observations and TVAAS data was a 4, making her eligible for a bonus under the Knox County pay plan.
When she did not receive the bonus as expected, she began asking questions about why the bonus had not been paid. She ultimately determined that without her knowledge, a school counselor had assigned 10 students to Ms. Trout for the factoring of TVAAS scores. The students were in an Algebra II course Ms. Trout taught, even though she does not hold an endorsement for teaching Alegbra II.
Though the suit does not specifically mention this, it should be noted that 10 students is a particularly small sample size subject to significant statistical anomaly.
The TEA lawsuit contends that Ms. Trout was owed the bonus based on Knox County School Board policy and in this specific instance, the bonus should have been paid.
The TEA goes on to contend that Ms. Trout and similarly situated teachers for whom there is little or no specific TVAAS data are held to an arbitrary standard in violation of the 14th Amendment of the U.S. Constitution.
Specifically, the suit notes: ” … the majority of teachers in the Knox County Schools … have had their eligibility for additional compensation (under the APEX bonus system) determined on the basis of the test scores of students they do not teach and/or the test scores of their students in subjects unrelated to the subjects they teach.”
The suit alleges that such a system violates the Equal Protection Clause of the 14th Amendment because some teachers are evaluated and receive bonuses based on the scores of their own students while other teachers are held accountable for students they do not teach and over which they have no influence or control.
In short, the entire system is flawed and should be discarded.
A spokesperson for TEA confirmed that the organization does not believe that teacher pay should be tied to TVAAS data.
On a related note, the Metro Nashville Public Schools recently announced it is putting plans to pay teachers in part based on TVAAS scores on hold indefinitely.
A TEA press release announcing the Knox County suit indicated that the organization anticipates additional lawsuits along these lines.
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