BJCD(LEGAL) - SUPERINTENDENT: EVALUATION
Employment and Evaluation
The board shall adopt a policy providing for the employment and duties of district personnel. The employment policy must provide that the board employs and evaluates the superintendent. Education Code 11.1513(a)(1) [See DC]
A board shall appraise a superintendent annually using either:
- The commissioner of education's recommended appraisal process and criteria; or
- An appraisal process and performance criteria that are:
- Developed by the district in consultation with the district- and campus-level committees; and
- Adopted by the board.
Education Code 21.354(c)
In addition to other procedures and criteria determined by the board, the commissioner's recommended appraisal process and criteria shall include, at a minimum, an annual evaluation of the superintendent and a student performance domain. Completion of the Lone Star Governance superintendent evaluation may satisfy these requirements. 19 TAC 150.1031(b)–(c)
Annual Performance Report
The information in the annual report describing the educational performance of a district [see AIB] shall be a primary consideration of the board in evaluating the superintendent. Education Code 39.307(3)(C)
Penalty for Noncompliance
Funds of the district may not be used to pay a superintendent who has not been appraised in the preceding 15 months. Education Code 21.354(d)
A document evaluating the performance of a superintendent is confidential and is not subject to disclosure under the Public Information Act, Government Code Chapter 552. [See GBA]
A district may give the Texas Education Agency (TEA) a document evaluating the performance of a superintendent employed by the district for purposes of an investigation conducted by TEA. A document provided to TEA remains confidential unless the document becomes part of the record in a contested case under the Administrative Procedure Act, Government Code Chapter 2001.
Except as provided by a court order prohibiting disclosure, a document provided to TEA may be used in a disciplinary proceeding against a superintendent if the document may be admitted under rules of evidence applicable to a contested case under Government Code 2001.081.
Education Code 21.355