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.