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EMPLOYED BY CONTRACT

If employed by contract, the Superintendent may relinquish the position and leave the employment of the School at the end of a school year without penalty by filing a written resignation with the Board.  The resignation must be addressed to the Board and filed not later than the 45th day before the first day of instruction of the following school year.

The Superintendent may resign, with the consent of the Board, at any other time mutually agreeable. 

If the Board chooses to amend the Superintendent’s term contract on the basis of a financial exigency declared under Education Code 44.011 [see CEA], the Superintendent may resign without penalty by providing reasonable notice to the Board.  The Superintendent may continue employment for the notice period under the prior contract.  [See BJC]

Education Code 21.212(e),(f)

EMPLOYED AT WILL

If the Superintendent is employed at will, the Board requests written notice of his or her intention to leave the employment of TSBVI at least 30 days prior to the effective date of the resignation.

Adopted:          6/14/80

Amended:        1/25/91, 9/27/91, 3/26/93, 9/24/93, 3/25/94, 1/26/96, 5/31/01, 11/19/04, 1/26/18, 5/31/19

Reviewed:

The Board may, for good cause as determined by the Board, suspend the Superintendent without pay pending discharge or in lieu of termination.  The suspension may not extend beyond the end of the school year.  Education Code 21.201(1),.211(b), 21.251(a)(3)

Back Pay

If no discharge occurs subsequent to a suspension without pay, the Superintendent is entitled to back pay for the period of suspension.  Education Code 21.211(c)

AT WILL

If the Superintendent is employed at will, (s)he may be dismissed at any time, for any reason, except as otherwise prohibited by law.

CONTRACT NONRENEWAL OR DISCHARGE

If the Superintendent is employed by contract the Board may choose to discharge the Superintendent for good cause at any time or not to renew the Superintendent's term contract at the end of the contract period.  Education Code 21.211(a), 21.212(a)(d)

REASONS

If the Superintendent is employed by contract, the Board shall establish by policy reasons for nonrenewal of the Superintendent's contract.  Education Code 21.212(d)

NOTICE

If a majority of the Board determines that the Superintendent's contract should be considered for nonrenewal, it must give the Superintendent written notice of the proposed nonrenewal not later than the 30th day before the last day of the contract term.  The notice of proposed nonrenewal shall contain reasonable notice of the reason for the proposed nonrenewal.  Education Code 21.212(a)

If the Board fails to give notice of proposed nonrenewal as described above, it shall employ the Superintendent in the same professional capacity for the following school year.  Education Code 21.212(b)

An attempt by the Superintendent to encourage or coerce a child to withhold information from the child's parent is grounds for discharge or suspension without pay.  Education Code 26.008(b) [See FNG]

NOTICE

Before dismissal for good cause, the Superintendent shall be given reasonable notice in writing of the charges against him or her and an explanation of the School's evidence, set out in sufficient detail to fairly enable the Superintendent to show any error that may exist.  Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985)

HEARING

The Board may conduct the hearing in open meeting or in closed meeting unless the Superintendent requests a public hearing, in which case the hearing shall be open to the public.  Gov't Code 551.074

[See DFD]

Adopted:         3/25/94

Amended:       1/26/96, 5/24/96, 11/15/96, 02/09/01, 11/21/03, 11/19/04, 1/26/18, 5/31/19

Reviewed:       11/22/02

PROCEDURES FOR APPRAISAL OF SUPERINTENDENT

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Note:  The following procedures may be used in whole or in part for the Superintendent’s evaluation.

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The Board shall establish an annual calendar providing for the following activities, in which both the Board and the Superintendent shall participate:

  1. Procedures for setting goals that define expectations and set priorities for the Superintendent.
  2. Formative conference.
  3. Summative conference.

The Superintendent shall be involved in developing, selecting, or revising the appraisal instrument and process.

Student performance shall be a part of appraisal instruments for the Superintendent as specified in Education Code 39.054. 

A student performance domain shall be included in the appraisal of the Superintendent.

The domains and descriptors used to evaluate the Superintendent may also include:

  1. Instructional management.
  2. School or organization morale.
  3. School or organization improvement.
  4. Personnel management.
  5. Management of administrative, fiscal, and facilities functions.
  6. Student management.
  7. School or community relations.
  8. Professional growth and development.
  9. Performance objectives.
  10. Board relations.

In developing the appraisal instrument, the Board shall use the Superintendent’s job description as applicable.

The Board may implement a process for collecting staff input for evaluating the Superintendent.  If such a process is implemented for use in the Superintendent’s evaluation, staff input shall not be anonymous.

Before conducting the Superintendent’s appraisal, Board members shall have evidence of training in appropriate personnel evaluation skills related to the locally established criteria and process.

The School, with the approval of the Board, may select the student performance domain for the Superintendent or may develop an alternative process in consultation with the campus-level committee and adopted by the Board.  If the School uses the student performance domain, it shall meet the following requirements:

  1. The results on the student performance domain shall be incorporated into the local appraisal instrument;
  2. The results on the student performance domain shall be a consideration of the Board in evaluating the Superintendent; and
  3. For a Superintendent new to TSBVI, the results from the student performance domain shall be on a “report only” basis during the first year.

Adopted:         1/28/00

Amended:       1/25/19

Reviewed:      

The Board employs and evaluates the Superintendent.  Education Code 11.1513(a)(1)  [See Policy DC]

PERIODIC WRITTEN EVALUATIONS

The Board shall have an evaluation system that provides periodic written evaluations of the Superintendent at annual or more frequent intervals.

APPRAISAL PROCESS

The Board shall appraise the Superintendent annually. The Board may use the commissioner’s recommended appraisal process and criteria or a local superintendent appraisal system.  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.  Education Code 21.354(c);19 TAC 150.1031

ANNUAL PERFORMANCE REPORT

The information in the annual report describing the educational performance of the School (see AIB and BQ series) shall be a primary consideration of the Board in evaluating the Superintendent.  Education Code 39.307(3)(C)

PENALTY FOR NONCOMPLIANCE

TSBVI funds may not be used to pay the superintendent who has not been appraised in the preceding 15 months.  Education Code 21.354(d)

CONFIDENTIALITY

A document evaluating the performance of the superintendent is confidential and is not subject to disclosure under the Public Information Act, Government Code Chapter 552.  [See GBA]

TSBVI may give the Texas Education Agency (TEA) a document evaluating the performance of a superintendent employed by the agency 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

Adopted:             6/14/80

Amended:           3/12/82, 9/10/82, 1/25/91, 3/22/91, 1/29/93, 3/25/94, 11/18/94, 1/26/96, 11/15/96, 1/28/00, 1/26/18, 9/27/19

Reviewed:          

The Superintendent shall provide leadership in professional growth and development through activities such as participating in professional associations; conducting himself/herself in an ethical and professional manner; disseminating ideas and information to the Board and to other professionals within and outside of TSBVI; and seeking and using evaluative information for improvement of performance.

In accomplishment of this, the Superintendent may visit other schools; attend educational conferences, seminars, workshops, and other professional meetings; and maintain communication with related organizations and agencies.

TEAM BUILDING

The Superintendent's participation in team building sessions, as part of the Board's continuing education, (see BBD) shall represent one component of the Superintendent's ongoing professional development. 19 TAC 61.1(b)

Identifying and Reporting Abuse

Continuing education requirements for the superintendent must include at least two and a half hours of training every five years on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.  Education Code 21.054(h)

Adopted:                     3/7/80

Amended:                   3/26/93, 5/24/96, 1/31/20

Reviewed:                   11/19/99, 11/21/03

The Board acknowledges that the Superintendent may engage in reasonable travel activities related to the duties of the office and to participate in staff development activities that will increase the Superintendent's knowledge and skills.  The Superintendent shall regularly inform the Board of travel activities.

The Superintendent's travel and reimbursement for expenses shall be in accord with applicable Texas laws and rules governing travel by heads of Texas agencies.

DELEGATION OF AUTHORITY IN ABSENCE

Prior to being out of town, on vacation, or otherwise unavailable, the Superintendent shall designate a school administrator to exercise the authority of the office of Superintendent.  The Superintendent will communicate to the President of the Board and to other School administrators the name of the designated acting superintendent.  In emergency or crisis situations, the designated administrator shall make every reasonable effort to contact the Superintendent for directions and decisions.

Adopted:         3/7/80

Amended:       3/26/93, 1/23/15

Reviewed:       9/27/96, 3/21/03

EMPLOYMENT STATUS

The Board may employ the Superintendent at will as the executive officer of a state agency, or by contract for a term not to exceed five years, as the Superintendent of a special public school.  Education Code 11.201(b)

The legal authority of the Board to employ the Superintendent by contract is derived from its assigned role to organize and conduct itself in the same manner as an independent school district board of trustees to the extent that the organization and conduct do not conflict with the Board's responsibilities relating to the status of the School as a state agency.  Education Code 30.022(d)

State limitations on contracting with a former or retired agency employee do not apply to employment of the School's Superintendent.  Education Code 30.024(b); Government Code 2252.901

Property Interest

If the Superintendent is employed by contract, the contract of employment with the School creates a property interest in the position only for the period of time stated in the contract.

Such a contract creates no property interest of any kind beyond the period of time stated in the contract.  Perry v. Sindermann, 408 U.S. 593 (1972); Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972)

At Will

If the Superintendent is employed at will, the School has no duty to the Superintendent regarding continuation of employment.  (See also Policy DCD.)

Financial Exigency

On the basis of a financial exigency declared under Education Code 44.011 that requires a reduction in personnel, the Board may choose to amend the terms of the contract of the Superintendent employed under a term contract.  A superintendent whose contract is amended under this provision may resign without penalty by providing reasonable notice to the Board and may continue employment for that notice period under the prior contract.  Education Code 21.212(f)

Adopted:          1/26/96

Amended:        11/19/99, 1/23/15, 4/5/19

Reviewed:        2/09/01, 11/21/03

RESIDENCE REQUIREMENT

The Superintendent of the Texas School for the Blind and Visually Impaired may reside on the campus.  Education Code 30.023(c)

If the Board determines that it is necessary for the Superintendent to reside on campus to effectively carry out the job responsibilities of the position, the Board may require the Superintendent to reside at the School in TSBVI Building 509, also known as the Superintendent's Residence. 

If the Board does not require the Superintendent to reside at the School, the Superintendent may allow another school employee to reside in the Superintendent's Residence if the Superintendent determines that the employee's residence is necessary to effectively carry out the job responsibilities of the position.

BOARD DETERMINATION

If the Superintendent is required or another employee is allowed to reside at the School:

  1. The Board of Trustees shall enter into a housing agreement with the Superintendent or other employee setting forth the rights and responsibilities concerning the occupancy of the residence. The Board shall ensure that maintenance and upkeep of the Superintendent's Residence is in accordance with the housing agreement and with the provisions of the General Appropriations Act. Education Code 30.023(c), General Appropriations Act, Article IX
  2. The Administrator of Business, Operations, and Technology shall ensure that:
    1. an annual inspection of the Superintendent’s Residence to identify items for maintenance and repair; and
    2. an annual inventory of all furniture, equipment and accessories in the Superintendent’s Residence that are the property of TSBVI.
  3. The Chief Financial Officer shall submit to the Board annually a report containing the following information:
    1. Maintenance performed during the fiscal year;
    2. A comparison of budgeted to actual expenditures for the upkeep of the house and grounds;
    3. Results of the annual inspection and recommendations for maintenance and repair;
    4. Results of the annual property inventory;
    5. Any additional information that the Board may request.
  4. The School shall report to the Legislative Budget Board annually all employees who received housing at the School, the estimated fair market rental value of housing supplied by the School, and the amount of revenue recovered for the housing, if any. 2014-2015 General Appropriations Act, Article IX, Sec. 1104(a)

LIMITATION ON USE OF FUNDS FOR RESIDENCE

Out of appropriations in the General Appropriations Act, expenditures exceeding an aggregate amount of $25,000 for the biennium, may not be made for purchasing, remodeling, or repairing of any one particular personal residence or living quarters unless the expenditures are:

  1. Required by court order; will result in increased safety, significant net cost savings, or prevention of substantial waste; or are specifically identified in a Capital Budget in the Appropriations Act; and
  2. The Governor and Legislative Budget Board have approved the expenditure.

2014-2015 General Appropriations Act, Article IX, Sec. 1101

Adopted:         5/31/90

Amended:        11/22/91, 1/29/93, 1/23/98, 11/22/02, 7/23/07, 1/23/15, 4/5/19

Reviewed:

 

RECRUITING

At the discretion of the Board and by majority vote, the Board may seek and recruit qualified applicants for the position of Superintendent.

NAMES OF APPLICANTS

The name of an applicant for Superintendent is exempted from disclosure under Chapter 552, Government Code (Public Information Act).  However, the Board shall give public notice of the name or names of the finalists being considered for Superintendent at least 21 days before the date of the meeting at which a final action or vote is to be taken on the employment of the person.

Gov't Code 552.126

Adopted:         11/13/81

Amended:       9/27/90, 1/29/93, 1/26/96, 11/19/99, 2/9/01, 1/23/15

Reviewed:       11/6/98, 4/5/19

QUALIFICATIONS

The Superintendent of the Texas School for the Blind and Visually Impaired (TSBVI) shall hold an advanced degree; have training and experience in the education of students with visual impairments and in the administration of a program serving students with visual impairments; and satisfy any other requirements established by the Board of Trustees.  Education Code 30.023(b)

SUPERVISOR

The Superintendent is supervised by the TSBVI Board of Trustees.

SUPERVISES

The Superintendent directly supervises principals, the Director of Business and Operations, Director of Information Resources, Director of Human Resources, Director of the Center for School Resources, Outreach Director, Legal Counsel, Director of Planning and Evaluation, Curriculum Director, Community Resources Director, Executive Assistant and indirectly supervises all staff.

RESPONSIBILITIES

The Superintendent is the educational leader and chief executive and administrative officer of the School.

Education Code 11.201(a), 30.022(d)

While the Superintendent may delegate responsibilities for the operation of the various segments of the school system, (s)he is responsible for coordinating the total program of the School involving its business affairs, instructional program, and residential programs as well as all related services and support functions.

The primary responsibility of the Superintendent of TSBVI is the administration of on-campus and off-campus programs that serve Texas students with a visual impairment, their parents, and professionals who serve them.

The duties of the Superintendent include:

  1. Taking any necessary and appropriate daily action to carry out the functions and purposes of the School according to any general policies the Board prescribes.  Education Code 11.1512 (a), 30.023(e)
  2. Reporting at least once each quarter to the Board concerning the Superintendent's activities, progress in implementing any general policy prescribed by the Board, any exceptional matter relating to the program, general statistical summaries of services provided by the School during the period covered by the report, budget matters of major consequence or concern, and any additional matter the Board requests to be specifically included in the report.  Education Code 30.023(f)
  3. Recommending policies to the Board for its deliberation and develops administrative principles and procedures for placing Board policy into effect.
  4. Preparing the Board agenda in consultation with the President; attends all meetings of the Board and is responsible for all record keeping for the Board.
  5. Providing joint leadership with the Board to insure that the responsibilities of the Board and Superintendents team are carried out.

EDUCATIONAL LEADERSHIP

  1. Ensuring that the School takes a leadership role in state and national efforts toward the improvement of educational programs for students with visual impairments.
  2. Leading in the development of long range plans and other activities related to the establishment of goals and objectives in support of the School's mission.
  3. Coordinating all efforts to promote a program of instruction which supports the philosophy and goals of the School, including consultations with the Instructional Planning Council (IPG). [See BQA]
  4. Directing the development of curricula for each area of the educational program through a system that encourages a broad base of participation.
  5. Directing, with the principals, innovative residential programming which fosters the development of independent living and leisure skills of students.
  6. Ensuring that parents are kept informed of the activities and progress of their children and determines when special reports should be made.
  7. Promoting opportunities for students to engage in extracurricular activities on and off campus.

COMPLIANCE

  1. Ensuring submittal of all reports required by the State of Texas, the Texas Education Agency, and federal agencies including an annual performance report describing the School's educational performance.
  2. Ensuring that the School's programs and practices are in compliance with federal and state laws and rules applicable to the School, including adoption of a Student Code of Conduct [See FO] and enforcement of that Code; and adoption and enforcement of other student disciplinary rules and procedures.
  3. Providing leadership for the attainment and if necessary, improvement of student performance at TSBVI based on the state’s student achievement and quality of learning indicators, including Performance Indicator Evaluations, established by TEA in the Memorandum of Understanding with TSBVI for accreditation and other performance indicators required by the Legislative Budget Board.
  4. Signing and administering grants, contracts, and agreements involving the School in accordance with Board policy.
  5. Maintaining, updating, and distributing of administrative policies and procedural manuals and materials.

FINANCE

  1. Establishing and maintaining a systematic process of accounting for services and finances in order to assure effectiveness in using resources to achieve School objectives.
  2. As chief executive officer, is responsible for preparation of a proposed annual budget and biennial requests for Board approval; defends these budgets when necessary and approves all expenditures.
  3. Directing efforts to secure funding from non-legislative sources.

ADMINISTRATIVE MANAGEMENT

  1. Establishing and following sound practices for human resources management, including the employment of classified personnel, recommendations to the Board for the employment of contract personnel, compensation, contract administration, discipline, performance appraisal, termination or nonrenewal, and staff development. [See DF, DK, and DP series]
  2. Establishing a system of community relations that ensures high visibility for the School, its programs and objectives.
  3. Planning and directing the School health program and keeping, or causing to be kept, necessary health records.
  4. Appointing admissions officer, custodian of student records, textbook custodian and textbook committee, and other committees as needed and/or required.
  5. Overseeing the inventory of property belonging to the School, as required.
  6. In cooperation with the Texas Facilities Commission, ensuring physical facilities (buildings, grounds, equipment) that are safe, accessible, and appropriate for the students and staff and necessary for the achievement of program objectives.
  7. Approving all reports and other publications concerning the School before they are published; approves other public relations activities.
  8. Performing other duties as may be requested or determined by the Board.

COLLABORATION WITH THE BOARD

The Board and the Superintendent shall work together to:

  1. Advocate for the high achievement of students;
  2. Create and support connections with community organizations to provide community-wide support for the high achievement of students;
  3. Provide educational leadership for the School, including leadership in developing the School's vision statement and long-range educational plan [see AE];
  4. Establish school-wide policies and annual goals that are tied directly to the School's vision statement and long-range educational plan;
  5. Support the professional development of principals, teachers, and other staff; and
  6. Periodically evaluate board and superintendent leadership, governance, and teamwork.

Education Code 11.1512(b)

Prohibited Interference

The Superintendent may not interfere with an appearance or testimony of specified School personnel required by the Board.

Education Code 11.1511 (d) [See BAA]

Adopted:         6/14/80

Amended:       7/12/85, 11/12/87, 11/22/91, 1/29/93, 11/19/93, 11/18/94, 1/26/96, 5/24/96, 11/6/98, 11/22/02, 11/19/04, 4/3/09, 1/23/15, 6/1/18

Reviewed: