TEA’s “To the Administrator Addressed” Correspondence on Superintendent Appraisal On December 12, 2016, the Texas Education Agency issued its To the Administrator Addressed correspondence (TAA), which reestablishes a commissioner-recommended appraisal process and criteria for evaluation of school district superintendents. As discussed below, recent rule changes on school administrator appraisals had temporarily left a gap as to a commissioner-recommended appraisal method for superintendents, which is now filled through this TAA correspondence. TEC § 21.354—Superintendent Annual Appraisal Options Texas Education Code section 21.354 provides two options for the annual appraisal of a school district’s superintendent. As the first option under Section 21.354(c)(1), a district may use the commissioner’s recommended appraisal process and performance criteria. As the second option under Section 21.354(c)(2), a district may develop its own appraisal process and performance criteria in consultation with the district and campus-level committees, which is then adopted by the board. Rule Change Temporarily Removed the Commissioner-Recommended Appraisal Method for Superintendents Effective July 1, 2016, the rules at 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, Subchapter BB, Administrator Appraisal, Sections 150.1021 and 150.1022, were repealed and replaced with new rules at Sections 150.1021-.1028 to institute T-PESS, the state’s recommended appraisal method for principals. The repealed rules had previously included a commissionerrecommended appraisal method for superintendents that was used by many school districts under the first option in Section 21.354. The new rules did not address appraisals for administrators other than principals and other campus administrators. The Reestablished Commissioner-Recommended Appraisal Method for Superintendents The TAA correspondence reestablishes a commissioner-recommended appraisal method for superintendents under the first option in Section 21.354: “The Commissioner adopts the following as the Commissioner’s recommended appraisal process and criteria for superintendents: In addition to other procedures and criteria determined by the school board, the recommended appraisal process and criteria shall include, at a minimum, an annual evaluation of the superintendent with a student performance domain.” This new commissioner-adopted appraisal method requires only that a superintendent’s evaluation include a student performance domain; other appraisal procedures and criteria are determined by the board. © 2016. Texas Association of School Boards, Inc. All rights reserved. TASB Legal Services Page 2 Key Questions: Can a school board use the same appraisal instrument it used last year to evaluate the superintendent? Yes. The repealed rules in Sections 150.1021 and 150.1022 already included a student performance domain as part of the superintendent’s evaluation. If your district was using an instrument that complied with the old commissioner rules, your school board may continue to use that instrument this year. In fact, in order to give all parties to the superintendent’s appraisal full and fair notice of the evaluation criteria, TASB Legal Services does not recommend changing the appraisal instrument without significant advance communication between the board and the superintendent. Continuing with last year’s evaluation instrument for the current year provides reasonable continuity for the district, board, and superintendent. Do we need to consult with the district’s site-based decision making committees? No. If you are using the same appraisal instrument as last year, and it contains a student performance domain, there is no need to consult with the district’s site-based decision making committees before conducting the superintendent’s appraisal. What if our board is interested in making future changes to the superintendent’s appraisal instrument? You may want to wait and see. The TAA correspondence additionally notes that the commissioner will be adopting new rules on superintendent appraisal. Until the new rules are effective, the TAA correspondence will remain the adopted commissioner-recommended appraisal process and criteria for superintendents for purposes of Section 21.354. If you have further questions about the application of this TAA correspondence and Section 21.354 to the evaluation of the superintendent in your district, please consult with your school attorney or TASB Legal Services. This document is provided for educational purposes only and contains information to facilitate a general understanding of the law. It is not an exhaustive treatment of the law on this subject nor is it intended to substitute for the advice of an attorney. Consult with your own attorneys to apply these legal principles to specific fact situations. © 2016. Texas Association of School Boards, Inc. All rights reserved. TASB Legal Services
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