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'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. 19 TAC 150.1031
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 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