Vote NO to Proposed Policy Changes – Especially - General School Administration - Superintendent

I recently noticed a series of policy changes to be voted on at the November 2010 School Board Meeting.  Most of these changes effect board membership.  There is however, a change to School Superintendent; Policy Number 3:40. 

Please take a moment to review the the EMSD#63 Blogsite Post. 

For our mutual convenience, I have copied the original policy and the proposed policy after changes.  These documents were available through EMSD#63’s website but require work on your part.  Too bad EMSD#63 administrators didn’t think enough of their Board and Stakeholders, for the sake of transparency, to do this analysis for us.

Policy 3-40 - Current as of January 6, 2010

Policy 3-40 Proposed Change - November 2010 Board Meeting

My Side-by-Side Findings

Note: Original Policy – Unchanged Policy – Policy Change

Subheading #1: Duties and Authority

Paragraph #1:

Original

Proposed Modification

The Superintendent is the District’s executive officer and is responsible for the administration and management of the District schools in accordance with Board of Education policies and directives, and State and federal law.  The Superintendent is authorized to develop administrative procedures to implement Board of Education policy.

The Superintendent is the District’s executive officer and is responsible for the administration and management of the District schools in accordance with Board of Education policies and directives, and State and federal law.  The Superintendent is authorized to develop administrative procedures and take other action as needed to implement Board policy and otherwise fulfill his or her responsibilities.

Paragraph #2:

Original	Proposed Modification
The Superintendent may delegate to other District staff members the exercise of any powers and the discharge of any duties imposed upon the Superintendent by Board of Education policies or by Board vote.  The delegation of power or duty, however, shall not relieve the Superintendent of responsibility for the action that was delegated.	The Superintendent may delegate to other District staff members the exercise of any powers and the discharge of any duties imposed upon the Superintendent by Board of Education policies or by Board vote.  The delegation of power or duty, however, shall not relieve the Superintendent of responsibility for the action that was delegated.

Subheading #2: Qualifications and Appointment

Paragraph #1:

Original	Proposed Modification
The Superintendent shall have the experience and the skills necessary to work effectively with the Board of Education, District employees, students, and the community.  The Superintendent shall have a valid administrative certificate and superintendent’s endorsement issued by the State Certification Board.	The Superintendent must be of good character and of unquestionable morals and integrity.  The Superintendent shall have the experience and the skills necessary to work effectively with the Board of Education, District employees, students, and the community.  The Superintendent shall have a valid administrative certificate and superintendent’s endorsement issued by the State Certification Board.

Paragraph #2:

Original	Proposed Modification
When the office of the Superintendent becomes vacant, the Board of Education will conduct a search to find the most capable person for the position.  Qualified staff members who apply for the position will be considered for the vacancy.	This paragraph has been removed.

Subheading #3: Evaluation

Paragraph #1:

Original

Proposed Modification

The Board of Education will evaluate the Superintendent’s performance and effectiveness according to the terms contained in the Superintendent’s employment agreement.  A specific time should be designated for a formal evaluation session with all Board of Education members present.  The evaluation should include a discussion of professional strengths as well as performance areas needing improvement.

The Board will evaluate, at least annually, the Superintendent’s performance and effectiveness, using standards and objectives developed by the Superintendent and Board that are consistent with the Board’s policies and the Superintendent’s contract. A specific time should be designated for a formal evaluation session with all Board members present.  The evaluation should include a discussion of professional strengths as well as performance areas needing improvement.

Paragraph #2:

Original	Proposed Modification
No corresponding paragraph exists.	The Superintendent shall annually present evidence of professional growth through attendance at educational conferences, in-service training, or similar continuing education pursuits.

Subheading #5: Compensation and Benefits

Paragraph #1:

Original	Proposed Modification
The Board of Education and the Superintendent shall enter into a contract that conforms to this policy and State law.  The contract shall govern the employment relationship between the Board of Education and the Superintendent.	The Board of Education and the Superintendent shall enter into a contract that conforms to this policy and State law. The contract shall govern the employment relationship between the Board of Education and the Superintendent.  The terms of the Superintendent’s employment agreement, when in conflict with this policy, shall control.

Note: The original policy statement included “legal references, cross references, date of initial policy adoption and date of last revision.  The dates of initial policy adoption and revision are missing in the revision. 

Questions

Number	Question
1	Subheading #2: Qualifications and Appointment Paragraph #1: Who is to define what is “good character” or “unquestionable morals and integrity”?  Who’s moral standard shall we use?  Does this Board of Education have the moral or legal authority to perform this task?  I think not!  What happens to the board/employee relationship if the definition of these standards change?  Shall we have a gay Superintendent today but terminate her or him next year because the majority of the Board changes their definition of “good character” or “unquestionable morals and integrity”?  How will this policy protect their individual rights? Don’t even think of going there!
2	Subheading #2: Qualifications and Appointment Paragraph #2: If the Board of Education relinquishes it’s authority and responsibility to conduct a search for a new Superintendent, then who will? Is this Board of Education suggesting that some unelected outside agency  perform this duty?  If the Board of Education members believe themselves incapable or unwilling to perform their duty, they need to quit.  I reviewed their new proposed Policy # 2:20, “Powers and Duties of the Board of Education”.  The existing or proposed policy statements do not answer my question or relieve these Board Members of this important responsibility.
3	Subheading #3: Evaluation Paragraph #2: Since when does the Board of Education have the authority to demand of a Superintendent or any District employee, as part of his/her evaluation, present “evidence of professional growth”?  The examples provided in the policy: “attendance at educational conferences”, “in-service training or similar continuing education pursuits” are TAXPAYER PAID ACTIVITIES.  Shall we be sending our Superintendent to San Francisco, San Diego or Granada Spain again? This policy statement assures never-ending taxpayer-funded trips for these questionable activities even as funds are in short supply.  And what happens when the money runs out?  Will you still demand these activities or you ignore the policy or just change it again? Lastly, the only clear evidence of professional growth worth evaluating is “on the playing field”.  How has our district performed under the Superintendent’s leadership year-to-year?
4	Subheading #5: Compensation and Benefits Paragraph #1: Since when does the terms of the Superintendent’s employment agreement fall outside District Policy?  What term(s) could possibly be in the current Superintendent’s contract to require this policy statement?

Dear fellow taxpayer,  EMSD#63’s Board of Education needs to take this Policy change off the table at this time.  Further, changes for policies: # 2:20 “Board of Education” - “Powers and Duties of the School Board”, # 2:80 “Board of Education” - “Board member Oath and Conduct”, # 2:100 “Board of Education” - “Board Member Conflict of Interest”, # 2:110 “Board of Education” - “Qualifications, Term, and Duties of Board Officers” should also be removed, rewritten and maybe reconsidered at some future date.