INSIGHT—Winter 2008

TEXAS ASSOCIATION OF SCHOOL ADMINISTRATORS PROFESSIONAL JOURNAL

WINTER 2008

INSIGHT

Celebrating Texas Children Life-sized bronze figures by Lawrence Ludtke depict children on a field trip to the Texas State Capitol.

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Winter 2008 Volume 23

No. 4 FEATURED Articles Listening to Your District: Comprehensive, Innovative, and Cost-Effective Survey Solutions

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by Suhail Farooqui Offers solutions for district survey and perceptual measurement studies to enable data-driven decisions and quality improvement

A Proposed Method to Evaluate Fingerprint and Criminal History Background Information

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by Nola Wellman and Bernadette Gonzalez Shares development of a matrix used in Eanes ISD for evaluating and processing information obtained from fingerprint and criminal history background checks

Twenty-Five Years of Site-Based Decision Making: Critical for Exemplary or Recognized AEIS Rating

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by Timothy B. Jones, Ross B. Sherman, and Peggy B. Gill Highlights common characteristics of effective site-based decision-making committees and findings from a three-survey study that indicate a relationship between effective decision making and student achievement

Legal Insights Before You Sign on the Dotted Line—Negotiating the Superintendent's Contract

24

by Neal W. Adams, Jerry D. Bullard, and Mike Cochran Discusses the importance of a carefully structured superintendent contract, and offers guidance in understanding superintendent employment issues

The Untold Story: Why Texas Hasn’t Had a Columbine

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Submitted by Dan Korem Provides an overview and Q&A of a simple strategy identified by Dan Korem that has stopped school threats and attacks in scores of districts, adapted from his book Rage of the Random Actor

Also of Interest…

TASA Annual Report

33

Highlights the association’s activities and services during 2007–08

2009 Spring Calendar – page 10

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Departments President’s Message Executive Director’s View 2009 Spring Calendar

7 9 10

Officers Rick Howard, President, Comanche ISD John Folks, President-Elect, Northside ISD H. John Fuller, Vice-President, Wylie ISD Thomas E. Randle, Past President, Lamar CISD

Executive Committee

TASA Headquarters Staff

Executive Director

Associate Executive Director, Administrative Services

Assistant Executive Director, Communications & Information Systems

Johnny L. Veselka Paul L. Whitton, Jr. Ann M. Halstead

Design/Production

Anne Harpe

Editorial Coordinator

Karen Limb

INSIGHT is published quarterly by the Texas Association of School Administrators, 406 East 11th Street, Austin, Texas, 78701-2617. Subscription is included in TASA membership dues. © 2008 by TASA. All rights reserved.

TASA members may reprint articles in limited quantities for in-house educational use. Articles in INSIGHT are expressions of the author or interviewee and do not necessarily represent the views or policies of TASA. Advertisements do not necessarily carry the endorsement of the Texas Association of School Administrators. INSIGHT is printed by Thomas Graphics, Austin, Texas.

Michael Sandroussi, Edcouch-Elsa ISD, 1 Henry D. Herrera, Alice ISD, 2 Larry W. Nichols, Calhoun County ISD, 3 Leland Williams, Dickinson ISD, 4 Philip Welch, Orangefield ISD, 5 Mike Cargill, Bryan ISD, 6 Mary Ann Whiteker, Hudson ISD, 7 Eddie Johnson, Harts Bluff ISD, 8 John Baker, Seymour ISD, 9 Jeff N. Turner, Coppell ISD, 10 Jerry W. Roy, Lewisville ISD, 11 Rod Townsend, Hico ISD, 12 Ryder F. Warren, Marble Falls ISD, 13 Kent LeFevre, Jim Ned CISD, 14 Russ F. Perry, Nueces Canyon CISD, 15 David G. Foote, Dalhart ISD, 16 Mike Motheral, Sundown ISD, 17 Kevin Allen, Iraan-Sheffield ISD, 18 Rudy Barreda, Tornillo ISD, 19 Richard A. Middleton, North East ISD, 20 Kay E. Waggoner, Grapevine-Colleyville ISD, Legislative Committee Chair

At-Large Members Jesus H. Chavez, Round Rock ISD Alton L. Frailey, Katy ISD Gloria Gallegos, Pasadena ISD Gaile B. Thompson, Abilene ISD

Editorial Advisory Committee Rick Howard, Comanche ISD, chair Jesus H. Chavez, Round Rock ISD Jeff N. Turner, Coppell ISD Kay E. Waggoner, Grapevine-Colleyville ISD Ryder F. Warren, Marble Falls ISD Leland Williams, Dickinson ISD

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INSIGHT

TASA Legislative Conference March 25–26, 2009 Hyatt Regency Austin Austin, TX

How can YOU make a difference during the 81st Session of the Texas Legislature? Get involved and stay informed!!

Join us for TASA’s 2009 Legislative Conference where you’ll hear the latest on what’s happening at the State Capitol— from official actions in the House and Senate to the equally intriguing conversations behind the scenes! Everyone knows the hot topics of today may be cold news tomorrow, so we keep this conference agenda fluid… you’ll hear only the latest from a group of informed experts and entertaining pundits on the inside track of legislative activities. This conference will arm you with the information and resources you need to talk to, and work with, your own legislators to help make public education a winner in the 81st Legislative Session.

Full details and registration information are available online at www.tasanet.org!

PD 360

The Leader in On-Demand Professional Development “Our district was focusing our staff development efforts on classroom instruction, but our teachers were asking for more modeling and explanation than we were currently providing using traditional staff development environments. We were also trying to address the “one size doesn’t fit all” feedback from teachers who wanted staff development to be more differentiated. When we found PD 360, we felt it would allow us to address these concerns and move our current staff development to a whole new level. So far, PD 360 has exceeded our expectations.”

– Dr. Butch Sloan Executive Director of School Improvement Garland Independent School District (Texas)

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Call the School Improvement Network at 800-572-1153 or visit www.pd360.com for a free trial and more information. www.schoolimprovement.com

A New Year: Great Opportunities Ahead

T

he winter edition of INSIGHT is always published at a point in the year when New Year resolutions are prominent in the thoughts of many TASA members. This year is no exception and offers us many opportunities to become more resolute in our goals and objectives, putting those thoughts and dreams into action to accomplish great things.

President’s Message Since TASA assumed full responsibility for the annual Midwinter Conference several years ago, it has become the unrivaled source for the best professional development available for school administrators.

The 81st Regular Legislative Session will convene on January 13, providing us with 140 days of opportunities to become more active in the political process that so dramatically impacts our careers and lives. Your TASA staff and Legislative Committee have worked diligently through the off-season to be prepared to represent us at the Capitol throughout the session, but always need our input and involvement on issues of specific local interest. TASA’s very capable Governmental Relations staff, including Amy Beneski, Ramiro Canales, and Casey McCreary, along with Executive Director Johnny Veselka, will keep us updated on all the significant events as they occur in the legislative process, but they will be depending on all of our membership to provide testimony and anecdotal information on the specific impact of proposed legislation in our districts and communities. Please resolve to stay informed and up to date, and be ready to respond to their calls for action!

Another great set of opportunities in the coming year are the outstanding professional development offerings of our organization, including the Midwinter Conference (January 25–28), Legislative Conference (March 25–26), UT/TASA Summer Conference on Education (June 28–30), and a host of customized services. Susan Holley and Paul L. Whitton, Jr. work tirelessly to develop meaningful and relevant training for our professional growth. Since TASA assumed full responsibility for the annual Midwinter Conference several years ago, it has become the unrivaled source for the best professional development available for school administrators. Attendance is fast approaching that of the fall TASA/TASB Convention and easily exceeds all other administrator conferences in Texas and beyond. Concurrent sessions include a wealth of promising practices from successful campuses and districts across our state. The collection of General Session speakers and Distinguished Lecturers is unmatched by any other conference. Whole conferences are usually planned individually around many of these thought leaders, yet we have 12 of them at a single event! Resolve now to attend the Midwinter Conference and bring your administrative team to capitalize on such a great opportunity!

To close, I urge each of us to resolve to attend to our own needs and those of our families so that we can more effectively lead our staff in service to the students of this great state.

John Maxwell says it best in The 360° Leader, “You can do everything right at work and manage yourself well there, but if your personal life is a mess, it will eventually turn everything else sour.”

I hope you have had a blessed Christmas holiday and a great start to a new year. I look forward to seeing your resolve demonstrated at the Capitol and at our professional conferences!

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Ready…Set…Go! egislative advocacy is an important benefit of your association membership.

With many significant issues affecting public education on the legislative agenda for the 81st Session, TASA’s governmental relations team is actively engaged in preparing for the session. In analyzing the pre-filed legislation and reviewing the interim reports already completed, it is apparent that public education will again be at the top of the legislative agenda.

Executive director’s VIEW An important resource for TASA members, legislators, and legislative staff as we enter the session is the Report on School District Mandates: Cost Drivers in Public Education, recently published by TASA and TASB.

An important resource for TASA members, legislators, and legislative staff as we enter the session is the Report on School District Mandates: Cost Drivers in Public Education, recently published by TASA and TASB. A copy is posted on our Web site and a printed version has been mailed to each superintendent.

This report, an update of the 2002 report, encompasses the majority of mandates passed since 1995. We hope that you will be able to use this resource in identifying the most significant unfunded or underfunded mandates in calculating the cost of implementing those mandates in your district. Legislators have shown an increased awareness of the strain of these mandates on school district budgets, and this legislative session presents a great opportunity to heighten their awareness of the need for additional funding or mandate relief.

Among the Legislature’s priorities this session will be its response to the work of the interim Select Committee on Public School Accountability. Numerous proposals are likely to emerge in response to the committee’s interim report, and we expect legislators to meld the financial and academic accountability systems through new legislation. In anticipation, we recently announced the formation of the TASA Accountability Forum, a unique subscription service offered in cooperation with Moak, Casey and Associates. Subscribers will receive regular updates and interpretations of accountability proposals, impact analysis of major proposals, and formal briefings during and after the legislative session, as well as the opportunity to participate in an electronic forum to facilitate the rapid exchange of information.

I want to thank the many districts that support our legislative and public policy efforts through our Legislative and Public Policy Services subscription and encourage those of you who have not subscribed to do so now. Subscription information was recently mailed to all superintendents along with the Report on School District Mandates. In addition to supporting our legislative research, analysis, and monitoring of legislative developments, LPPS subscribers receive complimentary registration for the superintendent and district administrative staff to attend our Legislative Conference, March 25–26, and a complimentary subscription to TASA’s XPress News.

I look forward to seeing you at our Midwinter Conference later this month.

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2009 Spring Calendar

February Date

Session

Presenter

Location

11

Budget Boot Camp for Superintendents

Experts in the Field

ESC Region 11, Fort Worth, TX

12-13

Mentoring the Reflective Principal, Session 1

Jan Jacob

Austin Airport Marriott South, Austin, TX

19-21

American Association of School Administrators (AASA) National Conference on Education

San Francisco, CA

23-27

Texas Association of School Business Officials (TASBO) 63rd Annual Conference

Henry B. Gonzalez Convention Center, San Antonio, TX

25-26 First-Time Superintendents Academy, Session 3 Experts in the Field

Austin Marriott North Hotel, Round Rock, TX

25-27 50 Ways to Close the Achievement Gap:

Leaving No Child Behind

Fenwick English, Carolyn Downey, Betty Steffy, Bill Poston

Austin Marriott North Hotel, Round Rock, TX

March Date

Session

Presenter

Location

10-13

Level II Curriculum Management Audit Training

Jan Jacob

Austin Airport Marriott South, Austin, TX

14-16

Association for Supervision and Curriculum Development (ASCD) Annual Conference

Orange County Convention Center (West Building), Orlando, FL

19-20

Mentoring the Reflective Principal, Session 2

Austin Airport Marriott South, Austin, TX

25-26

Texas Association of School Administrators (TASA) Legislative Conference

Hyatt Regency Hotel, Austin, TX

Date

Session

Location

6

Budget Boot Camp for Superintendents

Richardson, TX

16-17

Mentoring the Reflective Principal, Session 3

Austin Airport Marriott South, Austin, TX

17-19

Texas Association of Suburban and Mid-Urban Schools (TAS/MUS) Spring Conference

Jan Jacob

April Presenter Jan Jacob

The Woodlands Waterway Marriott, The Woodlands, TX

22-23 First-Time Superintendents Academy, Session 4 Experts in the Field

Austin Marriott North Hotel, Round Rock, TX

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INSIGHT

PK-12 Handheld and Online Assessment Solutions

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WE PROVIDE EDUCATIONAL SOLUTIONS FOR YOUR STUDENTS AND YOUR SCHOOL. WE CAN HELP YOUR STUDENTS: • Test out of subjects • Earn dual-credit • Earn credit during the summer • Make up credits in failed courses WE CAN OFFER YOUR SCHOOLS: • A drop-out prevention and recovery option • Bulk-quantity Credit by Examinations in more than 100 courses • Special programs and curriculum options For more information, call 800.692.6877, or visit our website at www.ode.ttu.edu/k12.

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Ways to Close the Achievement Gap: Leaving No Child Behind

February 25-27, 2009 Location:

Austin Marriott North Hotel in Round Rock, TX

Registration Fee:

TASA Fee: $475 Non-Member Fee: $575 Team Rate (3 or more from the same organization): $475

This two-day cutting edge seminar presents the 50 strategies found to have the greatest impact on student achievement. This seminar is suitable for district leaders responsible for diagnosing system needs and meeting NCLB requirements. The 50 strategies will energize participants and provide focus for the steps that need to be part of any district or school improvement plan. Seminar presenters include Fenwick English, Carolyn Downey, Betty Steffy, and Bill Poston.

Participants will receive a copy of the bestselling book Leaving No Child Behind: 50 Ways to Close the Achievement Gap,

by Downey, English, Frase, Poston, Steffy, and Melton, and the companion handbook that serves as a guide to creating the educational tools and strategies most likely to result in higher student achievement.

Participants will acquire the tools needed to make substantive improvements in student learning and will learn how to: n

Establish a well-crafted, focused, valid, and clear curriculum to direct teaching.

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Provide assessments that are aligned to the curriculum.

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Align program and instructional resources to the curriculum and provide student equality and equity.

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Use a mastery learning approach as well as effective teaching strategies.

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Establish curriculum expectations, monitoring, and accountability.

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Institute effective district and school planning, staff development, and resource allocation; and provide for a quality learning environment.

Participants are encouraged to personalize their learning, applying the strategies learned to the context within their own district.

Register online at www.tasanet.org

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©istockphoto.com/hidesy

President’s Circle Platinum Gold Silver Bronze

TASA Corporate Partners 2008–09 TASA is grateful to our corporate partners for their support

Each level of the Corporate Partner Program is designed to offer our partners quality exposure to association members. Partners at the President’s Circle, Platinum, and Gold levels may customize special events and opportunities.

President’s Circle Apple Pearson Penn Foster SHW Group Tango Software Platinum Cisco CompassLearning CTB McGraw Hill, The Grow Network Houghton Mifflin Harcourt Indeco Sales PBK Scholastic Scientific Learning TCPN The Princeton Review Wireless Generation GOld Health Matters LifeTrack Renaissance Learning Silver Dannon Institute Horace Mann Linebarger Goggan Blair & Sampson, LLP SureScore Taylor Balfour TCG Consulting Learning Together Bronze Agile Mind AIG Retirement Alton Lynch Associates Cambridge Strategic Services First Southwest Company Laying the Foundation Learning Through Sports LenSec Sodexo College Board Vantage Learning

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INSIGHT

Listening to Your District:

Comprehensive, Innovative, and Cost-Effective Survey Solutions

by Suhail Farooqui

Raise your hand if you have ever been in a situation where you wanted to know what your teachers, principals, students, or parents were really thinking about a certain issue. Now consider the following situations: • Sitting down to cut programs in order to cope with budget cuts • Strategizing how to recruit and improve the retention of highly qualified teachers • Brainstorming on how to increase parental involvement Would you be able to make better decisions on program cuts if you had a scientifically valid poll of the community’s position on the various programs? Would you be better prepared the next time you stood up to address a group of parents? District leaders around the country deal with these and other high-impact issues on a daily basis. But how do we incorporate the wide spectrum of district stakeholders into routine, strategic decision making?

School administrators must take the existing ad-hoc approach to conducting school surveys to the next level. As one superintendent said after deploying successful research, “I am no longer captive to the vocal minority in my community.”

TASA is proud to partner with K12 Insight in providing a cost-effective, advanced, and easy-to-use online survey solution designed specifically to meet the information-gathering and analysis needs of decision makers in public education. Visit our Web site, www.tasanet.org, to learn more!

Go beyond Data Collection Surveying is not just about collecting data—in fact, the real value comes in being able to analyze and draw conclusions. Raw survey results in themselves do not help you make tough decisions. Using a feedback solution with robust analytic capabilities, administrators are able to drill into survey data and filter out the more obscure trends and relationships. Based on the actionable insights discovered, district leaders can add value to areas of key decision making and strategic improvements.

Paper, Phone, Online—Which Is Best?

The answer is that it depends on who is being surveyed and which distribution mix works best. For instance, if the administration doesn’t have a large enough list of student e-mail addresses, on-site paper surveys might work best for students filling out a Climate Survey. Likewise, a phone survey would allow non-tech-savvy respondents, such as older-aged parents, to use a medium with which they are more familiar. Whichever approach suits your district constituents best, a survey solution should be capable of aggregating responses from each of these distribution modes for maximum response rates.

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Not Just Questions—but the Right Conversely, there are other providers that analyzing the responses of applicants and offer a range of services to ensure successful filtering out the highly qualified candidates.

Questions The goal of a survey solution should be to save time and make the jobs of administrators easier. Having said that, a comprehensive, tested, and validated “Survey Bank” containing pre-built surveys on topics of interest to administrators should come standard. You can use the surveys as they are or edit them to reflect a different audience or unique situational factors.

Similarly, when asking sensitive questions, many of these solutions have the ability to make survey responses anonymous, which yield higher-quality data. Knowing that administrators cannot link participants to their responses gives respondents peace of mind that they won’t be negatively viewed for offering constructive criticism.

Empower Your Team A consolidated, systemic architecture allows school principals, assistant principals, and central office staff to deploy surveys, share results, and protect the privacy of their data using easily assigned access permissions.

Moreover, having a centralized repository allows you to monitor longitudinal trends (over time) instead of just looking at the latest survey findings.

The applications of these types of survey software are limitless. Administrators can use these systems to gather everything from School Climate and Professional Development data to Bullying and Safety Perceptions of students. Survey software can even be used to increase student achievement. Teachers could use a solution to instruct students about survey methodology, statistics, and polling.

Instructors can also run their own surveys after each module to assess how well their lessons are being received by students.

Full-Service Solution with Unlimited Training and Support There are several models to choose from when weighing options for a districtwide survey solution. Some merely sell a piece of software and fall short of meeting the challenging demands of school districts.

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INSIGHT

research campaigns. Providing comprehensive and unlimited training and support is a significant added value that ensures districts have a trained staff of system users who are well-versed in best practices and strategic implementation.

Cost Savings In terms of cost effectiveness, one good idea can more than pay for the cost of procuring the solution. Say for example, a district runs a Budget Proposal survey to get insight into how the community thinks budget resources should be allocated to various programs.

Upon analyzing the results, you discover that a sizeable portion of respondents indicated they don’t favor a proposal to construct new track and field facilities; a project that would’ve cost the district millions of dollars.

If your district doesn’t want it, why should it even be considered? Now these resources can be divided up and funneled into existing programs that are of real value to your district community.

Recruitment Research solutions can aid districts in becoming better recruiters by automatically

Likewise, these solutions are capable of conducting needs assessments for Professional Development initiatives and to apply for, and be compliant with, Baldrige and other quality awards.

Moving Forward Knowing what key stakeholders within your district are thinking is half the challenge of creating efficiencies and carrying out improvements. Giving individuals within these groups a voice that can be heard above the noise empowers them to grant you valuable, candid feedback. So instead of skirting major issues, look for the reach that online feedback solutions can provide to actively listen and implement changes based on what you hear. 

Suhail Farooqui is founder and CEO of K12 Insight, the leading solution for district survey and perceptual measurement studies to enable data-driven decisions and quality improvement. K12 Insight partners with districts of all sizes across the entire country, assisting them in districtwide deployment of a solution that drives efficiency and effectiveness. In certain states, over 30 percent of school districts have deployed K12 Insight’s solution.

A Proposed Method

to Evaluate Fingerprint and Criminal History Background Information

by Nola Wellman and Bernadette Gonzalez

When your district is selected to participate in the fingerprinting process mandated by Senate Bill 9, will you be ready with a plan for making consistent and defensible personnel decisions?

Will you have a plan for analyzing the background screening results provided by the Texas Department of Public Safety and the Federal Bureau of Investigation?

During the summer of 2008, Eanes ISD faced these challenges, and it responded by developing a matrix for evaluating and processing information obtained from fingerprint and criminal history background checks. The Eanes ISD matrix became a tool that helped the district comply with SB 9, the legislation that prohibits school districts from employing individuals with records of certain types of felony convictions. The Eanes ISD matrix also is a tool that helps the Human Resources Department provide consistency in the handling of convictions not expressly addressed by SB 9.

be found in Board Policy DBAA (Legal) developed by the Texas Association of School Boards (TASB). SB 9 provides that a district may not hire an applicant and must terminate an employee (see TASB-developed Board Policy DF Legal and DBAA Legal) if the person was convicted of one of the following offenses and at the time of the offense, the victim was a minor or a student: • A felony under Texas Penal Code Title 5 (crimes against the person), or • An offense requiring registration as a sex offender [Texas Education Code Section 22.085(a)].

Eanes ISD Matrix for Fingerprint and Criminal History Checks

SB 9 provides that if a conviction is more than 30 years old and the person has satisfied the terms of the conviction order, a school district may consider making an exception, but it is not required to do so.

The Eanes ISD matrix for fingerprint and criminal history checks addresses four categories of convictions: 1. SB 9 prohibitions 2. Convictions considered non-reviewable

by Eanes ISD 3. Felony convictions (1st, 2nd and 3rd degree) 4. Misdemeanor convictions (Class A, B, and C)

1. SB 9 Prohibitions (the victim must have been a minor or a student) SB 9 contains mandatory employment prohibitions. The requirements of SB 9 can

Examples of Title 5 felonies Title 5 felony offenses are crimes against the person, and include the following: Criminal Homicide; Murder; Capital Murder; Manslaughter; Criminally Negligent Homicide; Unlawful Restraint; Kidnapping; Aggravated Kidnapping; Unlawful Transport; Trafficking of Persons; Continuous Sexual Abuse of Young Child or Children; Public Lewdness; Indecency with a Child; Improper Relationship Between Educator and Student;

Improper Photography or Visual Recording; Assault; Sexual Assault; Aggravated Assault; Aggravated Sexual Assault; Injury to a Child, Elderly Individual, or Disabled Individual; Abandoning or Endangering Child; Deadly Conduct; Leaving a Child in a Vehicle; and other less frequently encountered offenses described in the Texas Penal Code, Chapters 19, 20, 20A, 21, and 22.

The following link is a helpful resource for accessing the entire Texas Penal Code, including Title 5 offenses and the Chapters referenced above: http://tlo2.tlc.state.tx.us/ statutes/pe.toc.htm

2. Convictions Non-Reviewable by Eanes ISD (victim is of any age or status) Eanes ISD chose to create a category of nonreviewable convictions for which continued employment by the district is jeopardized and for which an applicant may not be employed in most circumstances. If such a conviction is more than 30 years old and the person has satisfied the terms of the conviction order, Eanes ISD may consider making an exception, but is not required to do so.

Only the superintendent may approve an exception.

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Eanes ISD Decision Matrix for Fingerprint and Criminal History Checks

Type of Violation

SB 9 Prohibitions

VIOLATION Description

New Hire

Victim is a child or minor Title 5 felony n Sex offender crime

No

n

Terminate

n Victim—any age Convictions No n Title 5 felony Non-reviewable n Sex offender

by Eanes ISD n Serious crime

Terminate— may be excepted if adjudication was more than 30 years ago

n 1st degree felony Felony Conviction No 1st degree (TX Penal Code)

Terminate— may be excepted if adjudication was more than 30 years ago

n 2nd, 3rd degree felony Felony Conviction No 2nd degree (TX Penal Code) 3rd degree

Terminate— may be excepted if adjudication was more than 20 years ago

Misdemeanor Conviction n Class A, Class B Not Likely Class A (TX Penal Code) Class B

Terminate— may be excepted if adjudication was more than 10 years ago

Eanes ISD considers a conviction for any of the following crimes to be non-reviewable: • Title 5 felonies, no matter the age of the victim • Any offense under the laws of another state or federal law that is substantially equivalent to a felony under Texas Penal Code Title 5 • Any offense under the laws of another state or federal law that requires registration as a sex offender • Prohibited sexual conduct • Rape • Sale or purchase of a child

INSIGHT

Current Employee

n

Misdemeanor Conviction n Class C Class C (TX Penal Code)

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EMPLOYMENT STATUS

Less than 5 years, reviewable by Asst.

Superintendent of Human Resources

• • • • • • • •

Arson Robbery Aggravated robbery Burglary Prostitution Sexual performance of a child Obscenity Possession or promotion of child pornography • Any violation of the Texas Controlled Substances Act (TCSA), except possession of two ounces or less of marihuana In the case of persons or applicants whose job duties require handling of district funds, the

Less than 5 years, reviewable by Asst.

Superintendent of Human Resources

district also considers a conviction for any of the following crimes to be non-reviewable: • Theft • Fraud • Computer crimes • Insurance fraud • Perjury • Falsification

3. Felony Convictions (1st, 2nd and 3rd degree offenses) Eanes ISD chose to distinguish between 1st degree felony convictions and those that are either 2nd or 3rd degree felony convictions.

A. 1st Degree Felony Convictions If the felony conviction is a felony of the 1st degree, an applicant is likely not employable. If the individual is a current employee, continued employment is in jeopardy. If a conviction for a 1st degree felony is more than 30 years old and the person satisfied the terms of the conviction order, Eanes ISD may consider making an exception, but is not required to do so. Only the Superintendent may approve an exception.

B. 2nd or 3rd Degree Felony Convictions If the felony conviction is a felony of the 2st degree or 3rd degree, an applicant is likely not employable. If the individual is an employee, continued employment with the district is in jeopardy. When a conviction for a 2st degree or 3rd degree felony is 20 or more years old and the person has satisfied the terms of the conviction order, Eanes ISD may consider making an exception, but is not required to do so. The assistant superintendent of Human Resources is authorized to make such an exception.

4. Misdemeanor Convictions (Class A, B, and C) Eanes ISD also distinguishes between Class A and B misdemeanor convictions and those that are Class C misdemeanor convictions.

Class C misdemeanor convictions generally involve offenses for which a ticket or citation may be issued, but not always.

A. Class A and B Misdemeanor Convictions If the conviction is for a Class A or Class B misdemeanor offense, an applicant is likely not employable. If the individual is a current employee, continued employment with the district is in jeopardy.

When a Class A or Class B misdemeanor conviction is 10 or more years old and the

person has satisfied the terms of the conviction order, Eanes ISD may consider making an exception, but is not required to do so. The assistant superintendent of Human Resources is authorized to make such an exception.

B. Class C Misdemeanor Convictions If the conviction is for a Class C misdemeanor offense and the conviction is less than 5 years old and/or the conviction involved moral turpitude, an applicant is likely not employable. In such a case affecting an employee, continued employment with the district may be in jeopardy. The assistant superintendent of Human Resources is authorized to make such an exception.

Additional Considerations Affecting Employees Employee violation of policy/ contract by failing to report criminal activity: The Human Resources Department also determines whether an employee with a criminal history record has violated the terms of the district’s employment contract and/ or Eanes ISD Board Policy DH (Local) by failing to report the offense(s). Independent disciplinary action may be taken against an employee who fails to report arrests, indictments, convictions, or other adjudications as required by Eanes ISD Board Policy DH (Local) and/or the district’s employment contract.

Notification to SBEC within seven calendar days: In cases where a criminal history report is obtained from DPS and/or the FBI, Eanes ISD reports the criminal history to the State Board for Educator Certification within seven days of learning of the existence of the record. (See, for example, TASB-developed

Board Policy DF Legal; DH Legal; and DBAA Legal.)

Prompt and thorough due diligence: The applicant or employee with the criminal record should be given a meaningful opportunity to explain verbally and in writing all of the facts and circumstances of the offenses/ convictions documented in the criminal history report. Insist on being provided certified copies of all relevant court documents.

Do not, however, allow protracted delays to occur. It may be necessary to give an employee a directive to produce the documents you need to evaluate what occurred, particularly when the disposition of an offense is not provided in the criminal history report.

Texas Public Information Act (TPIA) considerations: If the district prepares summary data showing, for example, the number of employees’ records reviewed and the number of those records indicating a criminal history broken down by offense level, the document will be subject to disclosure in whole or in part under the Texas Public Information Act. Before preparing summary documents, become familiar with the issues as set forth in Open Records Letter No. 2008-07450A.

Summary Implementation of the requirements of SB 9 will present challenges to most school districts. However, with advance planning and through the use of a matrix, the process can be made manageable. The use of a matrix also will help ensure consistency in the decision-making process. 

Nola Wellman, Ph.D., is superintendent, and Bernadette Gonzalez, J.D., is coordinator, Records and Legal Services, at Eanes ISD.

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Twenty-Five Years of Site-Based Decision Making: Critical for Exemplary or Recognized AEIS Rating

by Timothy B. Jones, Ross B. Sherman, and Peggy B. Gill

In his epic novel 1984, George Orwell projects a totalitarian government that encroaches on the rights of the individual. Although the dire consequences projected by Orwell of “Big Brother” controlling society did not come to pass, the year 1984 is also noted as the year the Texas Legislature (HB 72) required implementation of site-based decision making in Texas public schools (Walsh, Kemerer & Maniotis, 2005).

The concept of site-based decision making was implemented in order to give voice to the stakeholders of the school who had the greatest capacity for improving the school. The schools’ Academic …principals need to possess strong interpersonal Excellence Indicator System and human relations skills and continually reflect (AEIS) rating would ultimately measure this accountability. The on their own performance as it relates to the spirit of the statute passed in new roles and responsibilities in school-based Texas would shift schools from management. a largely centralized decisionmaking structure to a more decentralized one. This shift to school-based management requires fundamental changes to the organizational structure of the district as well as the roles within the organization. From administrators to parents, school-based management demands a change in the “status quo” (Cotton, 1991).

It involves shifting decision making from the central office administrators to that of local schools (Henkin, Cistone, and Dee, 1999).

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School-based management is also referred to in the literature by a variety of other terms such as decentralization, restructuring, site-based management, participatory decision making, and school-based autonomy.

Irrespective of the term used, the school takes center stage. The most obvious benefit that has been identified with school-based management is the improvement of student achievement. The problem attributed to centralized educational systems is that they often do not produce the desired outcomes because they tend to be impersonal, slow moving, or even worse just ceremonial without any real substance. Centralized systems often result in inertia, pessimism, inefficiency, cynicism, and long delays in decision making.

Consequently, school-based management has almost as many variants as there are places claiming to be “site-based.” Schools’ plans often differ on every important aspect: who initiates it, who is involved, what they control, and whether they are accountable to an outside authority. In addition to the overwhelming number of variants, the composition of site-based decision-making committees also varies tremendously. Teachers, parents, and the principal are often joined by classified staff, community members, students, and business representatives. According to David (1996) site-based decision-making committees that truly flourish in the school com-

munity (and thus not simply ceremonial) tend to have a number of characteristics in common, most notably the following: 1. A well designed committee structure.

In a well-structured system of site-based decision making, there is a match between the types of decisions to be made and the most appropriate people to debate and resolve those issues.

2. An enabling leadership. Strong site-based decision-making committees are usually led, though not always chaired, by strong principals (and sometimes teachers) who exercise leadership by mobilizing others.

3. A focus on student learning. Strong site-based decision-making committees consciously connect non-instructional decisions with conditions that maximize learning opportunities.

4. A focus on adult learning. Site-based decision-making committee members need new skills, assistance, and practice in asking hard questions and gathering evidence about what is and is not working.

In addition, site-based decision-making committees need to appreciate that their constituencies—parents and educators— require access to new knowledge and skills, both to be active decision makers and to change their teaching and learning practices and beliefs.

5. A schoolwide perspective. Site-based decision-making committees focus on the collective interests of the parties, devoting their energy to school goals and direction, coordination and communication, and allocation of resources and equity.

utilize school-based management effectively and in the spirit of the law have found that, to be successful in this environment, they need to work with others and be able to delegate decisions. Furthermore, principals need to possess strong interpersonal and human relations skills and continually reflect on their own performance as it relates to the new roles and responsibilities in school-based management (Cranston, 2002).

Hess (1995) furthers effectiveness claims by adding that site-based decision making is critical in any school reform or improvement efforts.

Recently, Gill, Sherman, and Jones (2009/ In Press) conducted a three-survey study of Texas school districts to explore these questions that focuses on administrator, general member, and teacher participation in sitebased decision making. The study examined 35 school districts in Texas with a balance of elementary, middle, and high schools as well as a variety of AEIS ratings. Six hundred and fifty-five surveys were returned representing an 81.1 percent return rate.

The implementation of school-based management has resulted in significant changes in the roles and responsibilities of the principal in Texas. No longer is the principal to be the sole authority on the campus and the arbiter of every decision. Principals who

Principals with the aforementioned characteristics lead by sharing information, providing expertise, promoting a sense of security, and facilitating the transition toward a collective action of accomplishing common goals for the students of the school. These changes bring about a more effective leader, which translates into a more successful learning environment and improved student achievement.

As Texas approaches 25 years (1984–2009) of site-based decision making, it seems logical to explore two obvious questions: 1. Is there alignment between statutory requirements for site-based committees and the implementation of these requirements at the campus level as perceived by campus administrators, faculty, and sitebased committee members?

2. Do teachers assigned to exemplary or recognized campuses have a more positive perception (and less of a ceremonial perception) of SBDM than teachers on campuses rated academically acceptable or academically unacceptable?

Findings For the first research question, surveys distributed to campus administrators and current site-based committee members were utilized. Specifically, 53 campus administrators and 163 current members of a site-based committee responded. The survey addressed four areas related to statutory requirements: policies and procedures, committee representation, campus improvement plan (CIP), and role in decision making. The policies and procedures and CIP are specific documents required by state statute. The committee representation and role in decision making are also addressed in state statute but do not have documentation required. Thus, the policies and procedures along with the campus improvement plan may be viewed as evidence that the school is following the “letter of the law,” or simply ceremonial; while committee representation and the role in decision making reflect the school’s commitment to the “spirit of the law,” and thus substantive.

Administrators and campus leaders who participated in this study indicate the sitebased committee has clear policies and procedures in place; works to develop a campus improvement plan; and has representation from teachers, parents, and the community.

However, when asked about the committee’s involvement in decisions that directly relate to the campus, only about half the administrators and school leaders felt the committee was involved. Thus, in areas that are mandated by the state, such as developing the campus improvement plan, the committee is involved; but in decisions that impact the teaching/learning process, the committee is much less likely to provide input, thus indicating some degree of ceremonial implementation. These essential decisions of how we distribute resources (campus budget), what we teach (curriculum), the culture within which we teach (staff development), and how we organize are directly related to student outcomes.

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The second research question was addressed through the surveys distributed to teachers who were not currently members of a site-based committee. The survey questions addressed the teachers’ knowledge about the committee and their perception of the effectiveness of the committee. If, as Hess (1995) suggests, shared decision making is fundamental to school reform, it would seem to follow that teachers on the campus must be knowledgeable about the committee and its function, and also view the committee as both valuable and effective, which indicates implementation is not ceremonial.

The study suggests that learner outcomes and effective site-based decision making may be related. Teachers in schools with an exemplary rating under the state rating system were more likely to feel the committee was working to formulate campus goals, perform effectively, and serve a useful function. More importantly, there was a pattern in that the higher the campus rating, the more likely teachers were to see value in the committee, which indicates the perception that sitebased decision making on those campuses is substantive and not simply ceremonial.

Conclusion Site-based committees are present in most schools surveyed in this study. In almost all of the schools, the “letter of the law,” or “ceremonial” site-based decision making, is being followed. Schools have policies and procedures in place; include teachers, parents, and community members on the committee; and have some level of involvement in the development of a campus improvement plan. However, almost half the schools in the study are not meeting the “spirit of the law,” or “substantive” site-based decision making, to create site-based teams that make essential decisions on the campus. Although, when a substantive site-based committee is in place, schools were more likely to be rated exemplary or recognized. This trend indicates a relationship between effective campus decision making and student achievement as defined by the state’s accountability system. 

Table 1: Policy and Procedure Question

Percentage of Committee Members Who Agree or Strongly Agree

Current policies and procedures are maintained for effective SBDM

94.3%

District has policies and procedures that establish campus-level SBDM committees

94.3%

Table 2: Campus Improvement Plan Question

Percentage of Committee Members Who Agree or Strongly Agree

SBDM provides advice and input in revising the campus improvement plan

84.5%

SBDM provides annual input in evaluating the campus performance

77.3%

SBDM is involved in decisions regarding campus performance objectives

79.4%

SBDM is involved in decisions regarding the development of performance objectives

79.4%

Table 3: Committee Representation Question

Percentage of Committee Members Who Agree or Strongly Agree

SBDM includes adequate parent representation

79.1%

SBDM includes adequate community representation

77.3%

SBDM includes adequate business representation

67.5%

SBDM includes adequate student representation

17.5%

SBDM includes adequate classroom teacher representation

94.4%

SBDM members are reflective of the community’s diversity

58.9%

Timothy Jones is an associate professor at Sam Houston State University, and Ross Sherman is a professor and Peggy Gill an associate professor at The University of Texas at Tyler.

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References

Table 4: Role in Decision Making Question

Percentage of Committee Members Who Agree or Strongly Agree

SBDM is involved in decisions regarding development of the campus budget

47.1%

SBDM is involved in decisions regarding development of the campus curriculum

62.3%

SBDM is involved in decisions regarding development of campus staffing patterns

47.7%

SBDM is involved in decisions regarding development of the campus staff development

60.6%

SBDM is involved in decisions regarding review and revision of the campus organizational structure

52.3%

Table 5: SBDM Decisions Are Used to Formulate Goals of the Campus Improvement Plan Campus Rating

Percentage of Teachers Who Agree or Strongly Agree

Exemplary

87%

Recognized

75%

Academically Acceptable

68%

Academically Unacceptable

20%

Cotton, K. (1991). “School Based Management: School Improvement Research Series.” Northwest Regional Educational Laboratory.

Cranston, N. (2002) “School-based management, leaders and leadership: change and challenges for principals.” International Studies in Educational Administration 30(80), 2–12.

David. J. L. (1996). The Who, What, and Why of Site-Based Management. Educational Leadership 53, 4–9.

Gill, P. B., Sherman, R. B., and Jones, T. B. (2009/In Press). “None of us is as smart as all of us: Site-based decision making. School Leadership Review.

Henkin, A., Cistone, P., and Dee, J. (1999), “Conflict management strategies of principals in site-based managed schools.”

Journal of Educational Administration, 38(2), 142–158.

Hess, G. A. (1995). School-based management after five years in Chicago: The partnership of parents, community and education. Chicago: Chicago Panel on School Policy.

Texas Education Agency (2007). 2007 Accountability Manual. Austin, TX: Author.

Table 6: SBDM Committee Is Effective and Working on My Campus Campus Rating

Percentage of Teachers Who Agree or Strongly Agree

Exemplary

71%

Recognized

45%

Academically Acceptable

37%

Academically Unacceptable

40%

Texas House Bill 72. (1983). Sec. 13.353.

Walsh, J., Kemerer, F., and Maniotis, L. (2005). The Educator’s Guide to Texas School Law. Austin, TX: University of Texas Press.

Table 7: SBDM Committee Exists Because the Law Requires It, but Does Not Serve a Useful Campus Function Campus Rating

Percentage of Teachers Who Agree or Strongly Agree

Exemplary

13%

Recognized

25%

Academically Acceptable

37%

Academically Unacceptable

40%

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©istockphoto.com/dny59

Legal Insights Before You Sign on the Dotted Line—Negotiating the Superintendent’s Contract It’s contracting season for superintendents throughout the state of Texas. Although developing the terms of a superintendent’s contract may seem daunting because of the wide range of options and legal terminology, this process presents an opportunity for the board and superintendent to develop the framework for the future success of the district.

superintendent and the board a starting place for negotiating the specific terms and conditions to be included in or excluded from the contract. Failure to provide a contract for negotiating purposes frequently results in expectations by the board that the superintendent is willing to accept the same contract as the district’s prior superintendent, regardless of whether the prior superintendent’s contract is appropriate for the new superintendent.

In order to function effectively as a team, a superintendent and a board should lay the appropriate groundwork, which begins with negotiation of the superintendent’s employment contract. Due to the unique nature of the superintendent’s duties and responsibilities, the superintendent’s contract will be unlike that of any other professional educator in the district. Accordingly, the superintendent’s contract should not be based on the same standards that would be used by the board in developing employment contracts for other administrators or teachers in the district.

As a general rule, the superintendent’s contract should address the following common issues: • the identification of the parties; • the length of the employment term of the contract; • a general description of the qualifications, duties, and responsibilities of the superintendent; and • a specific description of salary, adjustment of salary, and benefits and other compensation.

The superintendent should exercise initiative in the negotiation process by first introducing a basic form of the superintendent’s contract as prepared by the superintendent’s legal counsel.1 This approach allows the

Some superintendents’ contracts also contain provisions addressing the development of educational goals for the district and the evaluation of the superintendent’s performance. Superintendents’ contracts also

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TASA’s Legal Services Program supports members’ needs for legal advice relating to their contracts, evaluations, relationships with the board, and other employment issues.

Requests for assistance must be directed to Johnny L. Veselka, Executive Director, or Paul Whitton, Associate Executive Director, at 1-800-725-8272.

INSIGHT

may include references to the extension, nonrenewal, and termination of the contract. Depending on the qualifications and background of the superintendent and the local conditions, customs, and practices of the district, additional issues may need to be addressed by both the board and the superintendent in developing the superintendent’s contract.

There are a variety of terms that will be the basis of a superintendent’s contract. The following is a discussion of some of the pertinent issues that should be discussed in negotiating the terms for the contract.

Term The contract should specify the commencement and ending dates for the contract term.

However, the contract term may not exceed five (5) years. Tex. Educ. Code §11.201(b).

It should also identify the board’s authority to extend the contract term.

Specific Outline of Superintendent’s Duties The superintendent’s contract should outline roles/responsibilities of the superintendent.

It should recognize the superintendent as chief administrator and the chief executive officer of the district. Tex. Educ. Code §§ 11.1513, 11.201(d), 11.202, 11.201(e) and 44.001–44.010. Additional duties of the superintendent are typically assigned by district board policy or by directive from the board. See, e.g., TASB Board Policy BJA (LOCAL).

Superintendent Participation in Board Meetings Due to the unique role of the superintendent as the chief executive of the district, the contract should specify that the superintendent should not be excluded from attendance at, or participation in, any board meeting whether open or closed, except those board meetings devoted to the superintendent’s employment contract, salary and benefits, or evaluation; for purposes of resolving conflicts between individual board members; or when the board is acting in its capacity as a tribunal. As a matter of practice, excluding the superintendent from board meetings diminishes the effectiveness of the superintendent in administering the policies adopted by the board and can lead to the destruction of a good working relationship between the superintendent and the board.

Chain of Command The contract should expressly establish a process that requires all substantive criticisms, complaints, and suggestions to be aired through appropriate channels. This process should include a “chain of command” that provides for the referral of all substantive criticisms, complaints, and suggestions to the superintendent for investigation and appropriate action.

Compensation The contract should specifically describe salary, benefits, and other forms of compensation.

Compensation is often the most difficult area for a board and superintendent to address.

New superintendents may be reluctant to ask for competitive compensation. Boards, on the other hand, may believe they can offer a lower initial compensation package and increase the compensation later if the superintendent is successful. However, such a goal can be difficult to achieve due to public perception of large salary increases. The compensation issue is also exacerbated by the principle of supply and demand. A recent study conducted by the American Association of School Administrators revealed that demand for experienced superintendents exceeds the supply. Giles & Franceshini, The State of the American School Superintendency: A Mid-Decade Study, AASA Center for System Leadership, Fall 2007.

In determining the amount of compensation, both the superintendent and the board should be cognizant of the salary and benefits that are competitive for the position.

An excellent compensation resource is the annual survey conducted jointly by the Texas Association of School Boards and TASA. The Texas Education Agency Web site is also a good source of information regarding superintendent compensation.

Some of the key factors to consider in determining competitive compensation include: (a) size of the district (student enrollment), (b) location of the district, (c) challenges faced by the district (both economic and academic), and (d) experience of the superintendent. Of course, community expectations and tolerance for competitive compensation are always critical factors that must be addressed.

Once the total amount of compensation is determined, then decisions must be made about the type of compensation. Factors to be considered include the following: • Creditable Compensation for the Teacher Retirement System of Texas. Creditable

compensation is an extremely important factor for superintendents nearing retirement. Teacher Retirement System of Texas (“TRS”) rules regarding creditable and non-creditable compensation must be reviewed to ensure that the compensation being paid is creditable. For example, bonuses are not creditable unless the bonus is part of a districtwide plan and meets other TRS criteria. It is also important to note that TRS rules prohibit “spiking” compensation in the final years of employment for the purpose of enhancing retirement benefits. There are specific TRS rules related to the conversion of noncreditable to creditable compensation and increases in compensation above a certain percentage. The superintendent and board must comply with TRS rules in order to avoid creating retirement problems for the superintendent.

• Family. Family medical coverage that is fully paid by the district is a valuable benefit for a superintendent who has a spouse and dependent children. Superintendents with young families will require a different compensation package than superintendents who do not have this need.

• Incremental Items. It is often easier for a board to place items in the contract with small monetary value that can be expanded. For example, a board can agree to pay for a certain number of unused vacation days at the end of the year at a superintendent’s daily rate. Due to the demands of the job, superintendents are rarely able to use the vacation time allotted to them. The value of a single day may not be significant, but this can easily be expanded each year if it would otherwise be difficult to grant a pay increase in order to keep the superintendent’s compensation competitive.

• Taxes. In higher paying positions or in two-income families, the superintendent may be in a fairly high federal income tax bracket. Thus, tax-deferred compensation may be preferable since it both adds to

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the superintendent’s savings and is not subject to immediate income tax. These plans can often be designed as a “golden handcuff” to reward the superintendent for staying with the district. The offset is that these payments are generally not creditable compensation for TRS. With regard to any non-cash compensation, it is very important to avoid adverse income tax consequences. Federal tax rules regarding deferred compensation, annuities, etc. are complex. Designing such plans incorrectly can lead to significant unpleasant surprises both for the board and the superintendent.

Anecdotal evidence suggests that the Internal Revenue Service (IRS) may be increasing its audits of tax-deferred plans for school districts. It also appears that IRS examiners are giving special attention to plans set up specifically for superintendents and other key school administrators. A flawed tax-deferred plan design can ultimately defeat the purpose of the plan.

There are a number of ways to structure such tax-deferred plans to minimize the risk of adverse tax consequences. School districts may utilize plans established under sections 401(a), 403(b), and 457(b) of the Internal Revenue Code. As a general rule, these three plan types work best for superintendent plans. Each plan is different and contains various advantages and disadvantages for the board and superintendent. The appropriate type of plan should be selected after consulting with experts who specialize in setting up these plans.

In addition to the tax-deferred compensation options discussed above, there are other types of compensation that can be used to craft a competitive contract. Such items include, but are not limited to, the following: • Performance Bonus • Purchase Service from TRS • Payment of TRS Member Contributions

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• • • • • • • • • • • • • •

• • • •

Fully Paid Family Medical Benefits Automobile Automobile Allowance In-District Travel Allowance Expense Allowance Advanced Degree Stipend Labor Relations Stipend Physical Exam Life, Disability, and Long-Term Care Insurance Reimbursement Allowance for Cell Phone Allowance for Home Computer, Fax, Internet, etc.

Association Expense and Dues Reimbursement Extra Personal / Vacation / Consulting Days Paid at Daily Rate Guaranteed Salary Increase (Percentage, Cost of Living Index, or tied to other measure) Salary Increases Tied to Teachers or Other Staff Post Retirement Healthcare Expense Reimbursement Post-Employment Medical Benefits Other Post-Employment Benefits

There are many factors that may need to be considered to meet the needs of different individuals and should be evaluated on a case-by-case basis. The superintendent should clearly communicate his/her compensation needs to the board. It is equally important that the board be empathetic and flexible in designing a compensation package to fit the superintendent’s needs. Otherwise, the board is more vulnerable to losing its superintendent to another district that may offer a more competitive compensation package.

Annual Performance Evaluation The contract should contain specific terms concerning the superintendent’s annual evaluation, including (a) that it is reasonably related to superintendent’s job descrip-

tion; (b) it is confidential and conducted in executive session, unless the superintendent requests otherwise in writing, Tex. Educ. Code § 21.355, Tex. Gov’t Code § 551.074; and, (c) in the event the evaluation process or criteria are modified, the superintendent shall receive a reasonable period of time to demonstrate performance.

Outside Consulting Activities Many contracts contain terms allowing superintendents to serve as consultants, undertake speaking engagements, writing, teaching or other professional duties and obligations outside of the district. However, based on the recent passage of legislation that prohibit or otherwise target conflicts of interest, such as the disclosure requirements in Chapter 176 of the Local Government Code and the FIRST Regulations, the restrictions imposed on consulting activities by section 11.201(e) of the Texas Education Code, honoraria limitations imposed by the Texas Penal Code, and the presence of Board policies that address there areas, the inclusion of such outside consulting clauses in future contracts may warrant further evaluation.2

Provisions That Should Not Be Included in a Superintendent’s Contract.

Contract provisions appropriate for other district employees or for chief executive officers of private corporations are not necessarily appropriate for a superintendent’s contract. Certain clauses, such as those set forth below, are not appropriate for a superintendent’s employment contract and should not be included therein: 2

Overviews of selected conflict of interest laws, including the reporting and disclosure requirements set forth therein, have been published in prior editions of Insight. See, e.g., Adams & Bullard, Ethics FIRST, Insight, Fall 2008, at 30; Adams & Bullard, Honoraria in the Public Sector, Insight, Summer 2008, at 35; Canales, To Disclose or Not to Disclose?, Insight, Fall 2007, at 13.

• Reassignment Clause. Pursuant to Texas law, a superintendent is not subject to reassignment. Contract provisions for reassignment typically found in teachers’ employment contracts or the employment contracts of other administrators are not appropriate or lawful in the superintendent’s contract. A superintendent should never sign an employment contract that purports to give the board authority for reassignment.

• Reduction in Force Termination Clause.

A board does not have the legal authority to eliminate the position of superintendent. Accordingly, any contract provision permitting a reduction in force termination of the superintendent is inappropriate, void, and should not be included in a superintendent’s contract.

• Consolidation of School Districts Termination Clause. The superintendent should avoid any contract provision that permits the termination of the superintendent upon consolidation of the district with one or more other districts.

• “Golden Parachute” Clause. Any contract provision that gives a board the authority to terminate the superintendent’s employment contract without the superintendent’s written consent or without the due process protections set forth in state and federal law is void and unenforceable.

Wilmer-Hutchins I.S.D. vs. QuintynRoberts, Dkt. No. 195-R2-697 (Comm’r.

Educ. July 24, 1997). Accordingly, the superintendent should never sign a contract that on its face affords the board the authority to terminate the contract in the board’s sole discretion. Such unilateral authority usually takes the form of a “buy-out” or “golden parachute” provision that provides for a lump-sum payment by the district to the superintendent to terminate the superintendent’s contract.

Execution and Procedures for Creating a Valid Contract In order to be effective, the superintendent’s contract must be considered, approved, and delivered according to the following guidelines: (1) properly posted notice of board meeting, Cox Enterprises, Inc. v. Austin ISD, 706 S.W.2d 956 (Tex. 1986); (2) properly adopted resolution by the board; (3) signed by an authorized board member; and (4) signed by the superintendent. Further, in those circumstances involving the hiring of a new superintendent for the district, the board is required to post the name of the finalist(s) being considered for the position 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. Tex. Gov’t Code § 552.126.

Superintendent’s Employment Contract Creates a Property Interest Protected by State and Federal Law Once executed by the two parties, the superintendent’s contract creates a “property interest” in continued employment that is vested with the superintendent. Such property interest entitles the superintendent to certain due process protections before there can be any deprivation of that property interest. Minimum due process protection requires that the superintendent be afforded the following rights: • to be represented by legal counsel • to receive notice of reasons • to a hearing before a fair and impartial tribunal • to hear evidence upon which charges are based • to cross-examine witnesses • to present evidence of innocence or extenuating circumstances

U.S. Const. art. XIV; Tex. Const. art. I § 19; See also 42 U.S.C. §1983; Tex. Educ. Code §§21.211, 21.212, and 21.251–21.307; Tex. Gov’t Code §§ 554.001–554.010.

Conclusion A well-developed superintendent’s employment contract provides the basic framework through which the superintendent and a board of trustees can work together to achieve the goals and objectives for the school district. The contract reflects the unique position of the superintendent as chief executive of the district and the importance of a compatible, working relationship between the board and the superintendent.

Although a superintendent’s contract cannot guarantee an effective working relationship between the superintendent and the board, a thoroughly negotiated and properly prepared contract can be an effective vehicle for solidifying the superintendent-board relationship and ultimately protecting the superinten dent’s economic interest.

This article is for informational purposes only and is not intended to be a substitute for legal or tax advice. Specific questions and circumstances regarding the issues addressed in this article should be individually discussed with legal counsel and a qualified tax professional.

Neal W. Adams Jerry D. Bullard Adams, Lynch & Loftin, P.C. General Counsel TASA Mike Cochran TCG Consulting, LP Austin, Texas

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The Untold Story:

Why Texas Hasn’t Had a Columbine The Amazing Strategy That Texas Educators Are Once Again Applying to Stop Threats and Help At-Risk Students Excel in the Classroom Submitted by Dan Korem, President, Korem & Associates

This is the extraordinary story of how Texas districts since the 1990s have applied a simple strategy identified by Dan Korem that has stopped school threats and attacks in scores of districts. Dan is the author of the critically acclaimed book Rage of the Random Actor—Disarming Catastrophic Acts and Restoring Lives. He has spoken at numerous TASA conferences since the mid-1990s and warns that attacks are imminent unless the strategy is applied once again.

Schools Do the “FedEx Thing” and Stop Massacres and Threats

months he found the life-saving pattern. In 1997 he showed school administrators how to do the “FedEx thing” after the first school attack in Pearl, Mississippi, that started the trend. The results were astounding. Across North America, threats stopped and troubled students started performing again.

Several years before Columbine, Dan warned administrators at TASA conferences and presentations that student-led mass shootings/ bombings wouldn’t hit urban communities, but they would hit the statistically safest locales—suburbs and small towns. He also predicted with almost 100 percent accuracy which schools wouldn’t have attacks and threats and why? He even found an entire population of schools that were doing the “FedEx thing” that rarely had Random Actor massacre threats—alternative education schools.

Ever wonder why FedEx doesn’t have mass shootings but the Post Office does—even though both are in the same delivery business? Dan Korem did, and when he solved this riddle he figured out how to stop school massacres and threats through a simple threepoint intervention.

“Believe it or not, the safest schools on the planet from a Columbine-type massacre are the alternative education schools that by Student Random Actors who kill display the two definition have only at-risk students. Why? Random Actor traits to the extreme, and there is Because they have been doing the FedEx always a behavioral paper trail. thing and they didn’t know it,” Dan says.

It began in the early 1990s when human resource managers across the U.S. asked Dan, a profiling expert, investigative journalist, and the author of The Art of Profiling—Reading People Right the First Time, to solve the mass shooter riddle in the workplace. Within

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“This is remarkable when you think about it. If educators can prevent Random Actor attacks at the highest risk schools then there’s no reason they can’t do it at any school. You simply have to know how to identify the students with the Random Actor traits and provide the three-point intervention.”

Dan’s 20-plus years of research also uncovered that most mass school shooters, suicide terrorists, and postal/company shooters have the Random Actor behavioral profile which was first published in his 1997 book The Art of Profiling—Reading People Right the First Time. In addition to research, Korem & Associates has trained more educators how to successfully stop school attacks and threats than any firm in the world—over 15,000 professionals. The following questions and answers about the current state of Random Actor threats and preventing incidents are adapted from his book Rage of the Random Actor and questions we asked Dan about current trends.

Perfect Storm Brews in Texas Q: How many Columbine-type threats are there currently in Texas?

A: Nationwide, 75–100 times per day students are found with guns, explosives, and plots to take out their schools. In Texas, the average is 1–2 threats a day. What is alarming is that the number of threats is two to three times greater than it was right before the Columbine massacre in 1999.

Q: How many school evacuations result from these threats and at what cost?

A: Since the beginning of this school year until the end of October there were an estimated 100–150 school evacuations.

This is based upon intelligence sources from schools, law enforcement, and other safety related specialists. No statistics are kept by the state. For example, a student in Corpus Christi was found with explosives and brought one bomb to school, yet few in the state knew about it. In another case, a superintendent told me of a student who was caught with napalm and had a plot for an attack. From a threat assessment perspective, even if half of the closings were just over-reactions, it is still an intolerable number. And the cost to

taxpayers was an estimated $500,000 to $1.5 million by the time you factor in lost classroom time, law enforcement response, and so on.

Q: Why hasn’t Texas had attacks like Pennsylvania, which has had several?

A: From 1997–2002, we targeted approximately 80 of the highest risk suburban and small town districts and provided Random Actor violence prevention training at the urging of state education leaders like Dr. Johnny Veselka and suburban and small town superintendents across the state. In almost every case their threats stopped immediately. Some of these cases are cited in Rage of the Random Actor. For example, like most districts, Nederland ISD, near Beaumont, had

Random Actor traits and apply the threepoint intervention. They were intervening before a student ever fantasized about blowing himself up or committing a massacre with guns and bombs.

Q: You say that the safest locales, suburbs and small towns, are highest at risk.

Were those the districts you targeted from 1997–2002 ?

A: Yes. We didn’t focus on urban communities like Houston or Dallas. Texas school districts are predominantly in small towns (over 900) and suburbs (over 25). So that’s where we focused our efforts—and it worked. I’ll explain later why almost every school massacre in North America and Europe since 1997 has occurred in suburbs and small towns. But what’s

“Believe it or not, the safest schools on the planet from a Columbine-type massacre are the alternative education schools that by definition have only at-risk students. Why? Because they have been doing the FedEx thing and they didn’t know it.”

— Dan Korem

threats after the Columbine massacre.

Across North America, an unprecedented almost 10,000 schools closed because of the threats. Once Nederland’s staff was trained, their threats stopped.

Q: So why are the attacks back?

A: Like Nederland ISD, Allen ISD and nearly 80 other districts that applied the strategies failed to sustain application once their district was “safe.” We warned that if you don’t continue to apply these strategies today, within 2–3 years your threats will resume, just like flipping on a switch…and they did. You know it’s human nature once all is calm to put these things out of your mind. In 2006, Nederland Assistant Superintendent Mike Guidry called when threats resumed. So we trained a small cadre, and again threats stopped because they could identify the

important is that their threats stopped while similar districts that didn’t apply the strategies struggled with threats and evacuated their schools.

Q: Only one region in the U.S. didn’t have school threats after 9/11. What happened there?

A: It was the only region where over 2,500 educators were provided Random Actor violence prevention strategies. What is significant is that similar school systems surrounding that region were besieged with threats.

Q: Why is this trend here?

A: There is a statistically significant number of students with the Random Actor traits. Counselors and mental healthcare professionals we’ve trained anecdotally estimate that 1–2 percent of the 4.2 mil-

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29

lion students in our schools, or about 40,000–90,000, have the traits. Not all, of course, will commit attacks, but it’s the sheer number that keep administrators up at night.

The Random Actor Traits Q: What are the Random Actor behavioral traits?

A: If I asked you to “profile” Queen Elizabeth II and identify if she seems to prefer to control or express her emotions, the obvious answer is “control.” She’s easy to read because her trait is extreme. Well, it’s the same with Random Actors who kill. They

talk—how he communicates—or his walk— how he operates and makes decisions?

—That’s pretty easy. His walk.

Correct. He kills with actions and decisions.

Most news accounts, though, focus on communication actions like he was very polite or he seemed like such a nice guy. But these observations don’t tell us how he will perform. So let’s identify the second trait.

There are two walk or performance traits.

The first: Does a person prefer to operate in a predictable/conventional manner or unpredictable/unconventional manner?

Many school attacks are homicidal-suicidal

decisions out of confidence or fear? When the Columbine students committed their homicidal-suicidal attack after complaining that the world was against them and they were always being bullied, were they making decisions out of confidence or fear?

—I’d say extreme fear.

Correct. In fact, virtually all Random Actor school killers operate out of paranoia. As noted by mental health professionals, their paranoia might be a diagnosable DSM IV condition like paranoid schizophrenia, or they might be just plain fearful. Presently, most students who threaten or do commit attacks do not have a diagnosable condition.

To summarize, students who commit attacks are extremely unconventional and extremely fearful when making decisions. Student Random Actors who kill always display the two Random Actor traits to the extreme, and there is always a visible behavioral paper trail.

Q: How difficult is it to identify someone with the Random Actor traits?

A. Since 1997, we’ve never had a call from an educator who mistakenly thought a student had the Random Actor traits and didn’t, nor have we seen this during trainings. This is because they are observing extreme actions.

have two traits that are extreme and typically easy to identify.

I’ll let you identify the traits.

The Korem Profiling System was developed as an on-the-spot system that corporate executives could use for foreign negotiations.

You make two quick reads and you identify how a person communicates—their talk.

You make two more reads and you identify how a person prefers to operate and make decisions—their walk. So, which part of the Random Actor’s profile will kill you? Which part of the profile should you focus on? His

30

INSIGHT

acts. Is committing this type of a massacre a conventional or unconventional act compared to just getting in a fight?

—A homicidal-suicidal massacre is extremely unconventional.

Correct again. Random Actors are extremely unconventional, like the Columbine killers who called themselves the trench coat mafia, or others who are obsessed with satanic themes.

That leaves one last trait. The second walk or performance trait: Does a person make

Q: Why do student Random Actors target suburbs and small towns?

A. It’s the same reason that there are shooters at the Post Office and not FedEx. Like the Post Office, suburbs and small towns represent the behavioral opposite of the Random Actor—the Manager quadrant—as shown in the grid. Anything that represents extreme predictability and confidence can set them off. In a company, for example, we see attacks in the accounting department and on assembly lines, but never the art department, because the art department represents the Innovator quadrant, which isn’t the

behavioral opposite of the Random Actor traits. There has only been one urban mass shooting, and it was at an upscale magnet school. There are other factors, but the “Manager” factor is the dominant one in this equation.

Suburbs Neatly cut lawns People confident; have money in their pocket Sedate shopping malls Safe neighborhoods Small Towns Little change or variability People are confident and secure; don’t lock their doors People are usually more traditional or conventional

Applying the Three-Point Intervention What Educators Call Doing the FedEx Thing The three-point intervention that has produced such extraordinary results across Texas and the world hinges on one concept: Addressing the two Random Actor traits… extremely unpredictable and extremely fearful. Here are the three themes as applied to each trait.

Unpredictable Trait Theme 1: Provide more change, variability, flexibility; avoid autocratic directives, etc.

This reduces frustration, which often causes isolation. A classic mistake educators make is that they will put a high predictable student next to an underachieving student with the Random Actor traits, assuming that this will help provide more structure. Teachers laugh out loud when they realize their good intentions actually made the situation more difficult.

Fearful Trait Theme 2: Provide protective factors.

This reduces paranoia—the “and us-againstthem” mentality. An obvious example is

sensible responses to students being bullied Q: What is the proof of performance that Random Actor Violence Prevention or picked on. Others include counseling Strategies work? for students facing sudden reversals/failures/ etc. and promoting inclusiveness, especially A: It’s pretty simple. Do you see a reduction in threats and building evacuations? Then amongst staff and student leadership as they compare similar suburban and small town interact with the student body. districts that don’t apply these strategies.

Theme 3: Mentor how to make confident For years, we have asked major universidecisions outside area of expertise/ ties where we have provided assistance to giftedness. do a major study because so much is at This not only reduces fearful decision makstake. Hopefully, someone will get it done ing but also over time a student/staff member soon. moves out of the Random Actor profile and into the Innovator profile. The idea is to help Q: What’s the quickest way to apply these strategies in light of the current someone in small bite-sized steps learn to number of threats? make decisions out of confidence, and most A: We developed an inexpensive kit for camwill respond literally within weeks. puses with input from Safe & Drug-Free coordinators and counselors across the Educators have demonstrated that they can state. It has everything a district needs apply these three interventions, and visible to quickly apply the strategies without changes appear within weeks. Not only does taking out an in-service day. In addition, hostility dissipate but classroom performance most districts have asked that a small usually improves within just a couple of team receive a couple of days of extensive weeks. The reason the intervention is called training. This can be provided by contactthe FedEx thing is because FedEx naturally ing us or Curtis Clay at the School Safety applies these three themes in its corporate Center at Texas State University­—the culture, while the Post Office regrettably first school safety center in the U.S. where often doesn’t. FedEx is the Innovator quadwe have trained trainers. rant and typically doesn’t antagonize the person with the Random Actor traits, while the Post Office often represents the dismis- Q: Why do you emphasize that districts should stay in touch with their college sive autocratic downside of the Manager and university counterparts? quadrant.

A: Because we expect more incidents where college students will recruit K–12 stuKeith Bryant, superintendent, Bullard ISD, dents. This was the case in the first mass gives his staff the short “FedEx pep talk” at shooting in Pearl, Mississippi. A commuthe beginning of the school year. “Remember, nity college student recruited high school we’re FedEx, not the Post Office.” students.

Paul Trull, superintendent, Paris ISD, is a tall distinguished looking chap. After our train- Q: Do girls commit these attacks or make threats? ing, he gave his staff a similar pep talk, but with an educator’s twist. While he reiterated A: Thankfully, teenage girls haven’t committed an attack, but thousands have the high points of what they learned, he took been arrested or suspended for making off his coat, then his tie. Uncharacteristically, Columbine-type threats. But this could he pulled a shirt tail out, looking every part change. We identified the techniques the Innovator…to the laughter of his staff… used by suicide terrorist cells to recruit and they got the message. women to commit a Random Actor attack, and this could become a trend.

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Q: Finally, you seemed to disappear from the education scene after 2002. What happened?

A: The second Intifada hit in Israel, and the suicide-bombing trend took off in 2002.

From 2002 through 2006, I shifted my attention from education, which is like pro bono work for our company, to investigating this new trend and training special mission units in our military. The only reason we are assisting educators once again is because of the extreme and imminent danger to our districts and our children. It is demoralizing to our troops coming home to see kids commit the kinds of atrocities that they sacrificed abroad to stop. 

For more on Dan Korem and Dallasbased Korem & Associates, contact www.

KoremAssociates.com or 972-234-2924.

&

Midwinter Conference Education Expo

Texas suburban student with a cache of explosives blew up this police car but was caught before he could complete a school attack by a professional trained to apply Random Actor violence prevention strategies.

Sunday, January 25 TASA Executive/Legislative Committee Meeting, 9 a.m.–noon TASA Executive Committee, 1–4:30 p.m.

Monday, January 26

January 25–28, 2009

TASA Committee Meetings

Texas Leadership Center Board of Directors, 7:30–9 a.m.

TASA Federal Policy Committee, 7:30–9 a.m.

TASA/Texas A&M Administrative Leadership Planning Committee, 11:30 a.m.–1 p.m.

Tuesday, January 27 TASA Higher Education Committee Meeting, 11:30 a.m.–1 p.m.

Wednesday, January 28 TASA Major Committees Meeting, 7:30–9 a.m.

Administrative Services Central Office Communications & Technology Leadership Development Study Group Chairs

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INSIGHT

î ‘

Texas Association of School Administrators

ANNUAL REPORT

2007–08

The Texas Association of School Administrators was formed in 1925.

The purpose of the organization is to promote the progress of education in the state of Texas. In pursuit of this objective, the association works for the improvement of instruction and administrative practices in the schools of the state. The association also works in close cooperation with the Texas Association of School Boards and the American Association of School Administrators in all areas of common interest.

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2007–08



n

Mission, Vision, Goals, and Objectives

Annual Report

Mission

The mission of the Texas Association of School Administrators is to promote, provide, and develop leadership that champions educational excellence.

n

Vision

Texas Association of School Administrators

TASA provides support for school leaders through: • • • • • • • •

Fostering programs and activities that focus on leadership development Impacting laws, policies, and practices that will improve education Supporting and promoting research-based decision making Developing, retaining, and supporting highly qualified educational leaders Cultivating positive school climates in which quality education can thrive Enhancing the influence of and respect for educational leaders Recognizing diversity and building on commonalities Serving as a catalyst for cooperative efforts

Goals and Objectives Quality Student Learning

Proactive Governmental Relations

To promote and provide leadership for the advancement of education in order to attain programs that result in high levels of student achievement

To impact laws, regulations, and decisions to improve the quality and effectiveness of education, and to elevate the status of educational leaders in the governmental decision-making process

Positive School Climates To engage in activities that foster positive climates for learning and to advocate as a high priority of our society a public understanding of and support for quality education

Systemic School Improvement To promote ongoing, proactive leadership that recognizes and utilizes a systemic approach to improvement and restructuring in education

Ongoing Professional Development To offer high-quality, professional development opportunities for educational leaders in order to promote effective organizational management and leadership

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INSIGHT

Advanced Educational Technology To promote the development and effective utilization of advanced educational and administrative approaches and technologies

Synergistic Organizational Relationships To recognize and respect diversity and to build upon commonalities between educational organizations in efforts to achieve mutual goals for the benefit of Texas schoolchildren

Effective Member Assistance To provide educational leaders and their systems of education with well-managed, innovative services that assist in the orderly and effective discharge of professional responsibilities for quality education programs and student achievement

Membership n Active Members are those who (1)

meet the requirements for a professional administrator’s certificate as determined by the State Board of Education, (2) have equivalent professional training, (3) serve in administrative positions, and/or (4) teach persons preparing for education or educational administration. n Associate Members are individuals

Category

2003–04 2004–05 2005–06 2006–07 2007–08

Superintendent

986

981

965

972

971

Central Office*

746

707

803

871

842

Education Service Center

44

47

47

48

48

University/College

34

39

39

51

42

Association/Agency

9

10

11

9

10

Miscellaneous

27

35

52

44

42

Paid Life Retired

23

23

25

22

22

1,842

1,942

2,017

1,977

Total Active Members 1,869 Associate

132

124

151

178

167

Student

32

13

31

37

30

1,980

2,124

2,232

2,174

Total All Members 2,033

n Student Members are individuals

currently enrolled in a college or university department of educational administration who are not employed in a full-time administrative position other than at the campus level. Student members receive all TASA mailings and publications but are not eligible to vote. Our student members are an enthusiastic, dedicated group, and we look forward to welcoming them as active members once they attain fulltime administrative positions. n n n

Honorary Life Members are an important non-dues paying segment of our membership. These retired administrators serve as the cornerstone of our association.

Without their dedication and involvement, both past and present, TASA would not be the strong, viable association it is today. We promote and encourage their involvement in the association’s activities.

If you have questions about your membership, would like to recommend individuals in your district for membership, or need additional information about becoming a member, please contact Brettany Zirkle, manager, Membership and Data Services, 512-477-6361 or 800-725-8272.

*Includes campus staff, charter school members, and private school members.

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2007–08

Membership Enrollment Compared by Category, 2003–04 through 2007–08

employed full-time in a college or university department of educational administration and persons who are employed by Texas state agencies.

These members are eligible for active membership in the association upon payment of one-half the minimum annual membership for active members who are not superintendents.

n

Texas Association of School Administrators

Members are professors who are

Annual Report

who are interested in any phase of school administration and who are not eligible for active membership. TASA’s associate members include school architects, attorneys specializing in school law, representatives of education-related businesses and associations, and school suppliers. TASA’s associate members are valuable supporters of our programs, services, and purpose. They receive all TASA publications, but are not eligible to vote.

n College/University/State Agency

n

The membership of the Texas Association of School Administrators is a diverse group of education leaders—ranging from superintendents and deputy superintendents to curriculum and personnel directors to business managers. Our members are an involved, concerned group, and meeting their professional needs and goals is of primary importance to the association. With many different categories of administrators, it is our challenge to offer professional development opportunities and services that will meet the unique needs of the largest possible percentage of our membership.

There are four categories of dues-paying members:

Texas Association of School Administrators



2007–08



n

Revenue

Annual Report

Making an Investment in Progress Any strong, viable organization requires a continuing source of revenue to fulfill its goals and objectives, and TASA is no exception to that rule. In order to drive the development and delivery of association programs and services, TASA relies on diversified revenue sources, including:

Texas Association of School Administrators

n

• • • • • •

membership support TASA/TASB Annual Convention seminars and training corporate sponsorships program endorsements and building operations

The chart below illustrates TASA’s revenue sources for 2007–08.

Texas Association of School Administrators Total Revenue 2007–08

Building Operations Advertising 1% 1%

14%

Professional Development/Services

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INSIGHT

9%

11%

Membership Dues

Royalties/Sponsorships

Miscellaneous Convention

56%

9%

Governmental Relations With the active assistance of its members, TASA’s Governmental Relations Department has a vital role in keeping superintendents and other administrators informed of state legislative and policy decisions and pending actions.

n 2007–08

Highlights

• Devoted significant time, energy, and resources to legislative and state policy matters.

Texas Association of School Administrators



n

Annual Report

• Updated TASA’s Legislative Program for the 81st Texas Legislature.

• Identified unfunded mandates impacting school districts.

• Provided significant input and legal analysis on the development of a

n

uniform standard grade point average for school districts.

2007–08

• Engaged legislators and policymakers during the interim by providing information and testimony to boards and agencies, including the State Board of Education, Texas Higher Education Coordinating Board, State Board for Educator Certification, Teacher Retirement System of Texas, and Texas Education Agency.

• Monitored hearings and provided testimony regarding school finance and public school accountability.

• Contributed to the development of rules regarding the administration of disciplinary alternative education programs.

• Educated TASA members about new legislative changes regarding ethical reporting and conflicts of interest.

• Provided continuous updates on legislative developments on the association’s Web site, TASAnet.

• Published Capitol Watch, TASA’s online legislative news bulletin, with regular updates during the interim session.

• Published TASA XPress News, a legislative/public policy news bulletin for subscribers, regarding news and information on state and local education issues.

If you have questions for TASA’s Governmental Relations Department, please contact Associate Executive Director Amy Beneski; Assistant Executive Director Ramiro Canales; or Assistant Executive Director Casey McCreary, Education Policy and Leadership Development, 512-477-6361 or 800-725-8272.

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2007–08



&

Annual Report

n

Communications Information Systems

Texas Association of School Administrators

n

TASA makes every effort to maintain a strong and active communications program, providing information to help members command respect, spur activity, and win public support for their districts. n 2007–08

Highlights

• Initiated redesign of the association’s Web site, TASAnet, featuring a wide array of technology upgrades, including enhanced content management, integrated membership data, and streamlined conference registration and membership renewal processes.

• Published TASA Daily, the association’s daily news bulletin, packed with newsclips, updates from state/education organizations, TASA and AASA news, and more; e-mailed to all members and posted on TASAnet.

• Published Interchange, TASA’s monthly newsletter; e-mailed to all members and posted on TASAnet.

• Published INSIGHT, TASA’s professional quarterly journal; mailed to all members and posted on TASAnet.

• Published Who’s Who in Texas Public Schools, TASA’s popular annual Membership Directory, with distribution to all TASA members.

If you have suggestions, comments, or concerns that you would like to express to TASA’s Communications and Information Systems Department, please contact Assistant Executive Director Ann Halstead, 512-477-6361 or 800-725-8272.

Who’s Who in Texas Public Schools

inistrators

Adm tion of School Texas Associa Director y Membership

2007–2008

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INSIGHT

A great portion of time, energy, and talent on the part of TASA’s professional development and special services staff, as well as the advisory committees that assist them, are devoted to planning and executing effective programs designed to meet the needs of today’s education leader. n 2007–08

Highlights

Initiatives • Initiated the Collaborative Teacher Induction Project to ensure success for novice teachers.

• Supported the Public Education Visioning Institute, offering a unique opportunity for 35 superintendents to

• TASA First-time Superintendents’ Academy (Four Sessions) • Aspiring Superintendents’ Academy (followed by Web-based connections and ongoing virtual community) • Learning for Leadership: A Mentoring Program for Texas Superintendents • Budget Boot Camp n Institutes

• • • • • • • • •

and Seminars

Levels and I and II Curriculum Management Audit Training Mentoring the Reflective Principal (Four Part Series) Improved Questioning, Training of Trainers Random Actor Violence Prevention Leading with Quality Questioning Leading Professional Development in Classroom Assessment FOR Learning Building a Balanced Assessment System Joel Barker’s Implications Wheel Certification Handheld Technology Leadership Academy

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2007–08

Development

n

n Executive

Annual Report

General Events • TASB/TASA Convention • Cosponsor of the Texas Assessment Conference and Texas Association of Collegiate Testing Personnel Conference • TASA/Texas A&M University Administrative Leadership Institute • TASA Midwinter Conference & Education Expo • TASA/CEFPI (Southern Region) School Facilities Workshop • TASA/UT Summer Conference on Education

n

learn from one another by challenging conventional thinking to improve leadership capacities and school systems and develop a vision for public education in the 21st century.

• Targeted professional development on the needs of superintendents and central office administrators by offering quality professional development seminars and institutes aligned to TASA’s Mission and Goals through the Texas Leadership Center and the Texas Curriculum Management Audit Center to include noted experts in curriculum, assessment, and instructional improvement.

• Expanded partnership with the Schlechty Center for Leadership in School Reform to provide support in identified Texas school districts, including a customized Standard-Bearer School District Network and The Schlechty Center Texas Engagement Consortia (consortia of five or more districts).

• Conducted curriculum management audits to support alignment of curriculum, instruction, and assessment in Texas schools.

Texas Association of School Administrators



Professional Development

n Customized

Texas Association of School Administrators

Services

• The Downey Three-Minute Walk-Through (Conducted 16—Clint, North East, Boerne, Northside, Pflugerville, Austin, and HurstEuless-Bedford ISDs)

n

Annual Report

n

2007–08

Curriculum Management Audit Center — offered in cooperation with Curriculum Management Systems, Inc., focused specifically in optimizing audit services for Texas school districts in a cost-effective manner; conducted 4 curriculum management audits (La Marque, San Antonio, Red Oak, and Terrell ISDs) and 5 small school audits (Trinity, Seminole, Diboll, Greenwood, and Bowie ISDs); offered customized Downey Walk-Through seminars and other trainings for districts, thus saving the high costs of travel for district leaders and developing leadership capacity within districts.

n Texas

• Level I Curriculum Management Training (Conducted 7—San Antonio, Pflugerville, Katy, Richardson, Grapevine-Colleyville, Clint, and Diboll ISDs)

• Level II Curriculum Management Training (Conducted 1—Eagle Mountain-Saginaw ISD) • Mentoring the Reflective Principal (Conducted 1—ESC Region 1) • SchoolView: Gathering Trend Data on Curricular and Instructional Classroom Practices (Conducted 3—Keller, La Porte, and Lewisville ISDs)

• iPods and Podcasting in Education (Conducted 6—ESC Regions 1, 9, 11, 12, and 13) • Process Skills for New Leaders: Leadership Development Process

Leadership Center— a 501(c)(3) nonprofit organization supported by TASA, provides grant project services and conducts seminars to strengthen the leadership of Texas schools.

n Texas

If you have questions regarding activities of the Texas Curriculum Audit Center, Texas Leadership Center, or Professional Learning, please contact TASA Associate Executive Director Susan Holley, Instructional Support and Leadership Development; for questions regarding general events or executive development, please contact TASA Associate Executive Director Paul L. Whitton, Jr., Administrative Services, 512-477-6361 or 800-725-8272.

Public Education Visioning Institute The Public Education Visioning Institute, initiated in 2006, was an 18-month journey of discovery by 35 public school superintendents. These school leaders came together as a community of learners whose purpose was to challenge conventional thinking on ways to improve leadership capacities and school systems, and to develop a vision for public education.

2007–08 saw a great deal of activity for the Visioning Institute. Several workshops were conducted during the year, as participants explored moral and intellectual leadership, the nature of the future learner, assessment systems and accountability mechanisms, and more innovative ways to use resources. The culmination of the institute was the publication in May 2008 of Creating a New Vision for Public Education in Texas, which laid out six statements of principle and supporting premises. Institute participants created the document with the clear intention that it be a “work in progress,” describing what they believe and the possibilities they see for the future of public education.

Our urgent desire is that this document be used to begin disciplined dialogue, stimulate questions, identify problems, and frame issues that will eventually lead to strategic actions at the local level and in governmental capitols.

Our intent is for it to serve as a catalyst for the development of specialized publications, presentations, and legislative testimony.

Creating a New Vision will continue to help shape the future of public education in Texas, serving as the foundation for conference sessions, local district and community dialogues, and transformational alliances.

40

INSIGHT

Texas Association of School Administrators



Administrative Services The Administrative Services Department monitors current research, trends, and developments in education and provides professional assistance and support to TASA members on matters related to school leadership and management.

n 2007–08

Highlights

• Continued the Administrator’s Resource Center in partnership with Educational Research Service (ERS), offering publications and resources designed to keep school district leadership teams alert and highly informed.

n

Annual Report

• Administered TASA’s Legal Support Program, which offers two hours of legal consultation related to the superintendent’s employment contract, superintendent/board relations, and other topics related to professional duties and employment rights (provided through TASA by General Counsel Neal W. Adams, Adams, Lynch & Loftin, P.C.).

• Offered superintendent mentoring services to 50 new superintendents.

n

2007–08

• Conducted 15 facility planning studies, designed to assist school districts in addressing requirements related to space, educational programming, and long-range planning — 7 standard studies (Alpine, Bay City, Frankston, Longview, Lyford, Lytle, and White Oak ISDs); 5 basic studies (Christoval, Devers, Fort Davis, Hallsburg, and Wortham ISDs), and 3 enrollment studies (Andrews, La Grange, and Longview ISDs)

• Planned and coordinated or co-directed major statewide conferences and executive development programs (See listing under Professional Development).

• Offered field services to statewide membership through a team of member services representatives.

• Assisted in liaison activities with the American Association of School Administrators, the Texas Association of School Boards, and other professional associations and state agencies.

• Represented the association at national, state, regional, and local meetings.

If you have questions regarding activities of the Administrative Services Department, please contact Associate Executive Director Paul L. Whitton, Jr., 512-477-6361 or 800-725-8272.

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2007–08



n

Awards & Scholarships

Annual Report

National Superintendent of the Year

Texas Association of School Administrators

n

Roel A. Gonzalez, Rio Grande City CISD (Region 1), was selected as Texas nominee for the 2008 National Superintendent of the Year program. Established in 1988 and cosponsored by the American Association of School Administrators (AASA), ARAMARK Education, and ING, this award is bestowed on a superintendent who has demonstrated all-around outstanding leadership. The National Superintendent of the Year has the opportunity to personally present a $10,000 scholarship to a deserving student from his or her high school alma mater.

TASA School Board Awards TASA named Clint ISD Board of Trustees (Region 19) as the Outstanding School Board of Texas for 2007. (Frisco ISD won the award for 2008). Also honored as 2007 Texas Honor School Boards were Brenham ISD (6), Mesquite ISD (10), Spring Branch ISD (4), and Stephenville ISD (11). In 2008, Texas Honor School Boards included Bellville ISD, GrapevineColleyville ISD, Pasadena ISD, and Rio Grande City CISD. TASA created the School Board Awards competition in 1971 to recognize those school boards that demonstrate outstanding service to the children of Texas.

ALI Awards (Golden Deeds Award and John Hoyle Award for Educational Leadership)

Leonard Merrell, recently retired superintendent, Katy ISD, was named recipient of the 2007 Golden Deeds Award, presented by Texas A&M University at its annual Administrative Leadership Conference in November 2007 (Bill McKinney, Executive Director, ESC Region 4, was recipient of the award for 2008.) The Golden Deeds Award honors an individual who has made significant contributions to improving the educational system to enrich the lives of all Texas school students.

The recipient is nominated through a statewide committee composed of Texas school leaders.

Fred Brent, superintendent, Anderson-Shiro CISD, was selected to receive the first-ever John Hoyle Award for Educational Leadership (Ted Moore, superintendent, Lovejoy ISD, was recipient of the award for 2008). The John Hoyle Award recognizes a practicing administrator who is making a difference in the lives of youth for the betterment of all society.

Honorary Life Forty-five educators received Honorary Life Memberships in January 2008. Honorary Life Membership is extended to individual members, upon approval of the Executive Committee, who are in good standing at the time of retirement, have 10 or more years of TASA membership, and have completed 25 years of active service in the education profession. Nominations for Honorary Life Membership are accepted and reviewed annually.

100% Membership ESC Regions 3, 5, 17, and 18 achieved 100 percent TASA membership among superintendents in their regions for the 2007–08 membership year. Rick Howard served as the 2007–08 state membership chair.

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INSIGHT

Texas Association of School Administrators



TASA Corporate Partner Program In 2007–08, TASA received support from 36 corporate partners, mutually benefiting the association and the corporate partner. TASA’s Corporate Partner Program offers a wide array of advertising, sponsoring, and exhibiting opportunities for businesses that are interested in supporting the association and expanding their recognition and visibility in Texas. Each level of the program is designed to offer our partners quality exposure to association members. Partners at the President’s Circle and Platinum levels also have the option of customizing special events and opportunities. A listing of the various levels and opportunities for Corporate Partners is available online at www.tasanet.org. n 2007–08

Corporate Partners

n

Apple

Horace Mann

Pearson

Indeco Sales

Penn-Foster

Linebarger Goggan Blair & Sampson, LLP

Scholastic

Taylor Balfour

SHW Group

TCG Consulting

Platinum

Bronze

CompassLearning

Agile Mind

CTB McGraw Hill, The Grow Network

AIG Valic

ETS

Alton Lynch Associates

Houghton Mifflin Harcourt

Cambridge Strategic Services

LenSec

DriversEd.com

Scientific Learning

First Southwest Company

Tango Software

New Century Education

TCPN

Parsons

The Princeton Review

Sodexo

Wireless Generation

SureScore

Gold

Learning Together

2007–08

LifeTrack

n

Silver

Annual Report

President’s Circle

Vantage Learning PBK Renaissance Learning Washington Mutual

If you have questions regarding the association’s Corporate Partner Program, please contact TASA Executive Director Johnny Veselka or Director of Special Services Pat Johnston, 512-477-6361 or 800-725-8272.

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2007–08



n

TASA Committees

Texas Association of School Administrators

n

Annual Report

TASA depends on an active network of volunteers to serve on association committees. TASA committees serve two important purposes. First, they provide a forum for TASA to address a vast array of important issues.

Through its committees, TASA successfully interacts with other state and national education-related organizations, and conducts association business with broad member representation. Second, and equally important, by inviting individuals to serve who represent a cross-section of the membership, the association ensures that diverse needs are met and opinions are heard. Policy/advisory and procedural committee appointments are made by the TASA president with recommendations from Executive Committee members and the executive director. A listing of committee members is available online at www.tasanet.org.

n Policy/Advisory Committees Executive Committee The executive committee is the primary decision-making body of the association. The twenty regional members (elected by association members from within their region), four at-large members (each president appoints, subject to approval by the executive committee, two active members from under-represented segments of the membership who serve in these at-large positions on the executive committee for a two-year term, beginning simultaneously with the president’s term), and four officers (president, president-elect, vice president, and past president) work closely with tasa’s executive director and staff to conduct the business of the association. The tasa legislative committee chair also serves on the executive committee.

Study Group/Membership Chairs Regional Study Group/Membership chairs are elected annually within the ESC region they represent, and assist TASA by encouraging membership in TASA and disseminating information on TASA programs and services to administrators in their region.

Study group meetings are held to conduct association business, hold regional elections as needed, and to discuss relevant issues confronting the profession. The meeting format varies from region to region.

Legislative Committee

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INSIGHT

Members of this committee help develop TASA’s legislative program and advise the Executive Committee and staff on the direction the association should take regarding legislative issues and assist in presenting periodic reports on legislative issues at regional study group meetings.

Administrative Services Committee Members help evaluate ongoing services offered by TASA through the Administrator’s Resource Center and assist in identifying and developing future TASA services to address member needs.

Central Office Advisory Committee Members provide input to the Executive Committee and staff on association programs and services that are of particular benefit to TASA members who are not superintendents.

Communications and Technology Committee Members of this committee have responsibility for developing recommendations to the Executive Committee and staff regarding (1) effective strategies for communication with TASA members, elected officials, the media, and the public; and (2) the use and integration of technology in the association’s programs and services.

Corporate and Business Partnerships Committee Members of this committee review and make recommendations to the Executive Committee regarding TASA’s Corporate Partner Program, product/service endorsements, and business relationships with companies that provide products and services to Texas schools.

Members of this committee are responsible for developing recommendations to the Executive Committee and staff regarding the leadership development needs of superintendents and other administrators, the association’s training programs, seminars, and conferences, and related topics.

(Term: Two years, staggered except for the Legislative Committee, which is appointed for a two-year term on June 1 following each legislative session.)

Budget Committee

(elected in each region; at-large members appointed by TASA with approval of commissioner of education)

President’s Cabinet

This committee is comprised of the president, president-elect, vice-president, and past president). Members review the annual TASA budget and make recommendations to the Executive Committee.

(includes president, president-elect, vicepresident, and last three immediate past presidents)

Canvassing Committee

(appointed annually by the TASA president)

Members of this committee meet immediately following statewide and/or regional TASA elections to verify and tally ballots.

TASB Legal Assistance Fund Board of Trustees

(Term: One year)

2007–08

Leadership Development Committee

Members of this committee review the association’s audit report prepared annually by TASA’s certified public accountant.

n

Members of this committee are responsible for developing recommendations to the Executive Committee and staff regarding areas of study, projects, and programs that should be considered by the association.

According to the TASA bylaws, three of the committee members shall be officers of the Texas Professors of Educational Administration.

Commissioner’s TASA Cabinet of Superintendents

School Board Awards Committee

(includes TASA president and presidentelect)

Texas A&M Administrative Leadership Institute Planning Committee (appointed jointly with A&M)

Texas Leadership Center Board of Directors (includes TASA president, president-elect, and vice-president; and six other members appointed by the president of TASA, for a term of three years)

(Term: One year unless otherwise specified)

FALL 2008

Annual Report

Higher Education Committee

Audit Committee

n

Members of this committee are chairs of TASA’s major committees and the TASA president-elect, and is chaired by the TASA president. Committee members provide input to the TASA staff regarding the scope and content of the association’s journal, INSIGHT. Committee members are contacted, discussions carried out, and input solicited via the Internet.

n Special Committees

Texas Association of School Administrators

Editorial Advisory Committee

n Procedural Committees

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2007–08 n

Annual Report n

Texas Association of School Administrators



TASA Staff 2008-2009 Corporate Headquarters Staff Johnny L. Veselka Amy Beneski Susan Holley Paul L. Whitton, Jr.

Executive Director (8/5/74) Associate Executive Director, Governmental Relations (5/6/02) Associate Executive Director, Instructional Support and Leadership Development (5/1/07) Associate Executive Director, Administrative Services (2/1/01)

 Ramiro Canales Ann M. Halstead Casey McCreary Pat Johnston Keith Rutledge

Assistant Executive Director, Governmental Relations (1/10/05) Assistant Executive Director, Communications & Information Systems (11/17/86) Assistant Executive Director, Education Policy and Leadership Development (4/16/07) Director, Special Services (1/4/70) Director, Digital Media & Technology Services (11/5/08)

 Denise Biggs Denise Burns Christina Cabrera Maria Cruz Kara Felix Anne Harpe Karen Limb Mark Pyeatt Albert Rivas Marita Rogers Candice Youngblood Brettany Zirkle

Administrative Secretary II, Governmental Relations (5/28/02) Accounting Clerk (6/9/08) Executive Assistant, Executive Director’s Office (5/15/08) Administrative Secretary I, Administrative Services (9/26/07) Controller (8/5/08) Graphics Coordinator (5/29/07) Editorial Coordinator (3/13/91) Accountant, Registration Services (3/1/00) Webmaster (1/1/01) Receptionist (9/1/88) Administrative Secretary II, Instructional Support and Leadership Development (10/2/06) Manager, Membership & Data Services (1/1/01) *Dates in parentheses indicate employment date

Member Services Representatives Larry Coffman Stephanie Cravens Roy Dodds Terry Harlow Jimmy Partin M. Roel Peña

Regions 9, 16, and 17 Regions 3, 4, 5, and 6 Regions 12, 14, 15, and 18 Regions 8, 10, and 11 Region 7 Regions 1, 2, 19, and 20

Consultant Jerry Gideon

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INSIGHT

Facility Planning

REPORTING

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Save the Date!

TASA Midwinter Conference Austin Convention Center, January 25–28, 2009

photo courtesy Austin Convention Center

n Get the information you need from

presenters who speak your language— budget and finance, curriculum and instruction, high school reform, college readiness, facilities planning, technology, assessment, and more! n Enjoy networking opportunities that create

a bonanza for administrators looking for colleagues who want to hash out problems and share ideas and solutions

Daniel Pink

First General Session Speaker Former chief speech writer to Vice President Al Gore, Daniel Pink is a best-selling author and internationally recognized expert on innovation, competition, and the changing world of work.

Don’t miss this opportunity to learn about the revolutionary concepts that have put Pink’s book A Whole New Mind on both the New York Times and Business Week best-seller lists.

n Choose from two and one-half days of events

geared solely to your team and the issues you deal with every day

Register online at www.tasanet.org

406 East 11th Street Austin, TX 78701-2617

Texas Association of School Administrators

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