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TITLE 126

LEGISLATIVE RULE

BOARD OF EDUCATION

SERIES 143



County Superintendent Performance Evaluations (5309)





126-143-1. General.



1.1. Scope. - This rule governs the approval of processes by which county boards of education annually evaluate the performance of their superintendents.



1.2. Authority. - W.Va. Constitution, Article XII, 2 and W.Va. Code 18-2-5 and 18-4-6.



1.3. Filing Date. - December 12, 2003.



1.4. Effective Date. - January 11, 2004.



1.5. Repeal of Form Rule. - None. This is a new rule.



126-143-2. Purpose.



2.1. W.Va. Code 18-4-6 requires the West Virginia Board of Education (hereinafter State Board) to authorize the processes by which county boards of education (hereinafter county board) shall annually evaluate the performance of their superintendents.



2.2. The purpose of this policy is to prescribe how the State Board will exercise that authority.



126-143-3. Authorization Required.



3.1. Each county board shall annually evaluate the performance of its superintendent in accordance with a process authorized by the State Board pursuant to this policy.



3.2. A county board shall not evaluate its superintendent under a process that has not been approved by the State Board.



3.3. Nothing in this policy shall be interpreted to require a county board to evaluate an interim superintendent serving pursuant to W.Va. Code 18-4-1.



3.4. During any period that the State Board intervenes in the operation of a school system pursuant to W.Va. Code 18-2E-5, the county board shall not evaluate the superintendent's performance unless directed to do so by the State Superintendent.



126-143-4. Processes for School Year 2003-2004.



4.1. Before evaluating the performance of its superintendent for the 2003-2004 school year, the county board shall submit to the State Superintendent of Schools (hereinafter State Superintendent) a written description of the evaluation process it proposes to follow including a copy of any evaluation forms to be used as part of the process.



4.2. The State Superintendent, on behalf of the State Board, is authorized to approve the proposed process for the 2003-2004 school year if, in the State Superintendent's reasonable opinion, the proposal satisfies the criteria of section 6 of this policy.

126-143-5. Processes for Subsequent School Years.



5.1. Before evaluating the performance of its superintendent for the 2004-2005 school year, the county board shall submit to the State Superintendent, for approval by the State Board, a written description of the evaluation process which the county board proposes to follow, including a copy of any evaluation forms to be used as part of the process.

5.2. In order to receive State Board approval by July 1, the county board must initially submit its proposed evaluation process to the State Superintendent before the preceding December 31. Proposals submitted after that date will be considered, but may not be approved by July 1.



5.3. If it appears to the State Superintendent that an evaluation process proposed by the county board does not meet the requirements of section 6 of this policy, the State Superintendent shall return the proposal to the county board, identifying any areas of noncompliance. After revising the proposed process to comply with the requirements of section 6, the county board shall submit to the State Superintendent, for approval by the State Board, a written description of the revised proposal.



5.4. If, in the State Superintendent's opinion, a proposed evaluation process submitted by the county board meets the mandatory requirements of section 6 of this policy, the State Superintendent shall promptly bring the proposal to the State Board for consideration, regardless of the State Superintendent's opinion about other aspects of the county board's proposal. If the State Superintendent is concerned about any aspect of the proposal, the State Superintendent shall so inform the State Board of the concern.



5.5. If the State Board does not approve a county board's proposed evaluation process, the county board shall revise the proposal to address the State Board's concerns and submit a written description of the revised proposal to the State Superintendent for approval by the State Board.



5.6. Once the State Board approves the county board's process for evaluating the superintendent's performance, the county board shall continue to utilize the approved process until the State Board authorizes or requires the county board to employ a different process.



126-143-6. Required Process Criteria.



6.1. The process by which the county board of education shall annually evaluate the performance of its superintendent shall include the following criteria:



6.1.1. The process shall require the county board and the superintendent to annually, before September 15, establish written goals or objectives for the superintendent to accomplish within a given period of time. Each goal or objective shall include a specific time line for completion. The time line need not be the same for each goal or objective, and the time line for any goal or objective may extend beyond the end of the then-current school year.



6.1.2. The process shall specify how the goals or objectives will be established when the board and the superintendent seem unable to agree. To that end, the process may provide that the parties will petition the State Board to designate an individual to facilitate agreement on goals or objectives, that the county board will engage the West Virginia School Boards Association and the West Virginia Association of School Administrators to facilitate agreement, or that some other specific procedure will be followed to break the impasse.



6.1.3. The process shall require the county board to annually, before June 30, assess the superintendent's achievement of the written goals or objectives, except that the assessment shall be made before March 1 if the superintendent's contract is to expire on the ensuing June 30.

6.1.4. The process shall require the county board to annually, before June 30, evaluate the superintendent's success in improving student achievement generally across the county and specifically as it relates to the management and administration of low performing schools, except that this evaluation shall be made before March 1 if the superintendent's contract is to expire on the ensuing June 30.



6.1.5. The process shall require the county board to evaluate the superintendent's performance in executive session, and to thereafter make available to the public a general statement about the evaluation process and the overall result. The process shall specify how the county board will arrive at the general statement about the evaluation process and the overall result.



6.1.6. The process shall allow for the release of additional information about the evaluation only by mutual consent of the superintendent and the county board.



126-143-7. Optional Process Criteria.



7.1. The process by which the county board shall annually evaluate the performance of its superintendent may include these features:



7.1.1. The process may require or allow the county board to annually, before June 30, assess the superintendent's performance in the areas of community relations, school finance, personnel relations, curricular standards and programs, and overall leadership of the school district as indicated primarily by improvements in student achievement, testing and assessment, except that this assessment shall be made before March 1 if the superintendent's contract is to expire on the ensuing June 30. If the process includes such assessments, the process shall specify how the assessments will be made, including any ratings or rankings that will be employed.



7.1.2. The process may require or allow the county board to assess annually, before June 30, the superintendent's performance of any of the other duties of the chief executive officer of the county board as delineated in the superintendent's contract or other written agreement with the county board [W.Va. Code 18-4-10(1)], and the degree to which the superintendent keeps the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. [W.Va. Code 18-4-10(9).]



7.1.3. The process may, with the consent of the superintendent who is to be evaluated, incorporate input from other parties, such as citizens and school employees, about the superintendent's performance. However, any such input shall be used only to inform the county board in its evaluation of the superintendent.



126-143-8. Catalog of Evaluation Instruments.



8.1. The West Virginia School Boards Association shall maintain a catalog of evaluation instruments which comply with this policy and shall make them available to county boards.



126-143-9. Use of Evaluation Results.



9.1. A county board may use the results of its evaluation of the superintendent's performance to determine whether to offer the superintendent a new contract and the level of compensation or benefits to offer the superintendent in any new contract.







126-143-10. Evaluation Training.

10.1. As an integral part of the process for evaluating the performance of superintendents for the 2004-2005 school year and subsequent school years, all county board members and superintendents shall receive evaluation training approved by the State Board and conducted jointly by the West Virginia School Boards Association and the West Virginia Association of School Administrators.



126-143-11. Severability.



11.1. If any provision of this rule or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this rule.