TEA`s “To the Administrator Addressed Correspondence”

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Appraisal, Subchapter BB, Administrator Appraisal, Sections 150.1021 and 150.1022, were repealed and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 The repealed rules had previously included a commissionerrecommended appraisal method for superintendents that was used by many school districts under the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
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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