Code: CB
Adopted: 8/13/97, 7/13/22
Original Code: CB
The superintendent is designated as the district’s chief executive officer. Under the Board’s direction, the superintendent exercises general supervision of all district schools, personnel and departments. The superintendent is responsible for managing the schools under the Board’s policies and is accountable to the Board for that management.
The superintendent may delegate to other district personnel any powers and duties imposed upon the superintendent by Board policies or by vote of the Board. Delegation of power or duty will not relieve the superintendent of responsibility for action taken under such delegation.
END OF POLICY
Legal Reference(s)
ORS 332.505
ORS 332.515
OAR 581-022-2405
Cross Reference(s)
Code: CBA
Adopted: 8/13/97
Re-adopted: 10/10/12, 10/9/13, 7/13/22
The Board requires the superintendent be a strong educational leader who has the following professional experience and training:
1. A current license that qualifies the individual to serve as superintendent of the district;
2. A master’s degree or higher in the field of education, preferably in educational administration;
3. Successful teaching experience at the elementary or secondary school level;
4. Service as a superintendent or administrative experience in the central administration of a school system.
In lieu of the experience and training requirements above, the Board may consider as a candidate for its superintendent’s position an individual who meets alternative licensure requirements. The Board may take steps to assist an individual to qualify for such a license.
The superintendent will have the following personal and professional qualities:
1. Success in leadership roles with staff, community and professional peers;
2. Ability to communicate effectively, both orally and in writing;
3. Scholarship, intelligence and excellent ability to plan and organize;
4. Training, experience and success in personnel selection, evaluation and development;
5. Knowledge of curriculum development, implementation and evaluation;
6. Knowledge of business and support service systems which facilitate planning, control and accountability;
7. Experience in administering collective bargaining agreements;
8. Ability to motivate other administrators and significantly involve them in the decision- making process;
9. Strong management skills; and the desire and ability to motivate and innovate, taking advantage of the district’s strengths.
General Functions
1. The superintendent is the chief executive officer of the district and, under the direction of the Board, is responsible for control and operation of the school system, and for implementing the decisions and policies of the Board.
2. The superintendent has the authority to formulate and delegate duties and responsibilities to subordinate administrative personnel. The delegation of such duties and responsibilities, however, will not relieve the superintendent of responsibility for the action taken under such delegation.
Specific Functions
The superintendent will have the duty and authority to perform the following specific functions:
1. Review data regularly and lead the district in enacting equitable changes to improve educational outcomes for every student;
2. Serve as educational leader to the Board, staff and community;
3. Act as the district’s chief administrative officer;
4. Serve as district school clerk, performing such duties as required by law or by the Board;
5. Schedule meeting places, prepare an agenda and record minutes for all Board meetings and other committee meetings authorized by the Board;
6. Attend all regular and special meetings of the Board, except when excused;
7. Serve as executive officer of the budget committee and prepare an educational plan that is the basis for formulating the district’s budget;
8. Administer adopted Board policies;
9. Regularly review adopted Board policies and make recommendations for needed changes;
10. Advise, inform and make recommendations to the Board on matters of policy and other required action(s), and inform the Board on all phases of district operation;
11. Provide an ongoing program of communication to and from the community, staff and Board concerning district programs and activities;
12. Assess trends and changing procedures in salary negotiations and assist the Board in collective bargaining and salary consultation with district employee groups;
13. Serve as a member of the Board’s salary consultation and negotiations teams, and make recommendations to the Board on all issues;
14. Direct the implementation and administration of all agreements resulting from the consultation or negotiation process;
15. Develop and file a complete list of position descriptions, with job descriptions within each classification for all classes of personnel; review and change those descriptions as needed or directed by the Board;
16. Formulate and recommend for Board adoption such personnel policies as may be necessary for efficient functioning of the district staff;
17. Make rules and reasonable regulations to govern routine matters and see that such rules and regulations are communicated to employees concerned;
18. Resolve problems of operations and settle disputes referred through administrative channels;
19. Work with staff organizations and committees in the development of sound personnel practices and procedures and provide for their implementation;
20. Assume responsibility for the development, maintenance and operation of a constructive program of in-service, training and education for all school system employees. For this responsibility, the superintendent may employ lecturers, grant temporary leave from work, approve reimbursement for extension or college courses and develop professional library facilities as required, subject to Board approval;
21. Recommend to the Board, the appointment, renewal, contract extension, contract nonrenewal, contract non-extension or dismissal of licensed district employees in accordance with state law, Board policy and the employee’s collective bargaining agreement, as applicable;
22. Appoint, promote, demote or discharge classified and non-represented employees as provided by state law, Board policy, collective bargaining agreements and meet and confer agreements, as applicable;
23. Assign or transfer all district employees in accordance with state law, Board policy and the employee’s collective bargaining agreement, as applicable;
24. Evaluate the performance of all district administrative personnel in accordance with state law and Board policy, and make recommendations for those positions to the Board before March 15 of each year;
25. Evaluate the performance of licensed and classified personnel in accordance with state law, Board policy and the employee’s collective bargaining agreement, as applicable;
26. Assign and control the promotion of students;
27. Maintain a continuous inventory of all district property, furniture, material and supplies;
28. Recommend plans for repairs to district property and for new construction and see that all plans adopted by the Board are properly executed;
29. Establish procedures to involve teachers, principals, supervisory personnel and representatives from student and community groups in the preparation and selection of courses of study and other instructional materials;
30. Recommend instructional materials, instructional supplies and school equipment to be purchased by the district;
31. Direct the preparation of the budget, prepare the budget message for presentation to the budget committee, supervise the administration of all fiscal policies of the district and serve as custodian of all district funds;
32. Develop and recommend to the Board long-range plans for educational programs, facilities and financial resources that are consistent with population trends, district goals and community needs;
33. Direct the district in its relationships with federal, state and local government agencies;
34. Cooperate with universities and colleges in their student-teacher training programs;
35. Attend local, state and national meetings, conferences and workshops as deemed beneficial to the interests of the district;
36. Visit, as may be required, all district schools as a regular part of a schedule and institute and carry out such regulations, as may be necessary, to attain their efficient operation;
37. Direct the administrative staff in establishing and changing, as needed, school attendance area boundaries subject to Board approval;
38. In cases of matters not specifically covered by Board policies, take appropriate action and report such action to the Board no later than the next regular Board meeting;
39. Have other power and duties as may be approved by the Board, and as may be necessary to fulfill the functions of the office of superintendent.
END OF POLICY
Legal Reference(s)
ORS 332.075
ORS 342.143
ORS 342.173
ORS 342.850
OAR 584-020-0000 to -0035
OAR 584-046-0003 to -0024
OAR 584-080-0151
OAR 584-080-0152
OAR 584-080-0161
Cross Reference(s):
CBG - Evaluation of the Superintendent
Code: CBB
Adopted: 8/13/97, 7/13/22
The Board considers foremost among its responsibilities, the selection and appointment of a superintendent who can effectively translate into action, the Board’s policies and the community’s aspirations for its schools.
To provide the most capable leadership available for the district, the Board may engage in a nationwide search for applicants for the position of superintendent whenever a vacancy in that position occurs.
The Board shall develop and adopt the standards (e.g., candidate qualities and work experience), criteria (e.g., application, screening and hiring process) and policy directives (e.g., promote from within, state and/or national search) to be used in hiring the superintendent, or interim superintendent, at a meeting open to the public and at which the public has had an opportunity to comment.
The Board may seek the advice and counsel of interested individuals or of an advisory committee, or it may hire consultants to assist in screening candidates and to encourage the filing of applications by professional educators who meet the qualifications. Final selection will rest with the Board after a thorough consideration of qualified applicants.
The Board will appoint the superintendent by a majority vote of the Board members at a meeting for which notice has been given of the intended action.
END OF POLICY
Legal Reference(s)
ORS 192.660 (7)(d)
ORS 332.505
Cross Reference(s)
Code: CBC
Adopted: 7/13/22
The superintendent, upon appointment by the Board, will receive a written contract which will state the terms of employment such as compensation, benefits and other conditions. Contracts shall not be issued for more than three years in duration. The contract shall automatically expire at the end of its term. The Board may elect to issue a subsequent contract at any time for up to three years.
The compensation and benefits for the position of superintendent will be fixed by the Board and based upon the responsibilities required of the superintendent in performing his/her duties. The Board may not enter into an employment contract that contains provisions that expressly obligate the district to compensate the superintendent for work that is not performed.
Provisions for termination of the superintendent’s employment, either by the Board or the superintendent, will also be set forth in the superintendent’s employment contract.
The district may provide health benefits for a superintendent that is no longer employed by the district until the superintendent:
1. Reaches 65 years of age; or
2. Finds new employment that provides health benefits.
For a period of one year after termination of the contract, the superintendent may not:
1. Purchase property or surplus property owned by the district or public charter school; or
2. Use property owned by the district or public charter school in a manner other than the manner permitted for the general public.
END OF POLICY
Legal Reference(s):
ORS 332.432
ORS 332.505
ORS 342.549
ORS 342.815
Cross Reference(s):
CBB - Recruitment and Appointment of the Superintendent
Code: CBF
Adopted: 8/13/97, 7/13/22
The superintendent’s consulting activities shall be subject to applicable Oregon Government Standards and Practices Laws and, if compensated, shall be approved by the Board.
Legal Reference(s)
ORS 332.505
Code: CBG
Adopted: 8/13/97, 7/13/22
Orig. Code: CBG
The Board will formally evaluate the superintendent’s job performance at least once each year. The evaluation will be based on the administrative job description, any applicable standards of performance, Board policy and progress in attaining any goals for the year established by the superintendent and/or the Board.
Additional criteria for the evaluation, if any, will be developed at a public board meeting prior to conducting the evaluation. The superintendent will be notified of the additional criteria prior to the evaluation.
The Board’s discussion and conferences with and about the superintendent and his/her performance will be conducted in an executive session, unless the superintendent requests a session open to the public. Such an executive session will not include a general evaluation of any district goal, objective or operation. Results of the evaluation will be written and placed in the superintendent’s personnel file.
At the Board’s discretion, it may notify the superintendent in writing of specific areas to be remedied, and the superintendent may be given an opportunity to correct the problem(s). Where the Board provided written notice pursuant to the prior sentence, if the Board determines the superintendent’s performance remains unsatisfactory, the Board may dismiss or non-renew the superintendent pursuant to Board policy, the superintendent’s employment contract and state law and rules. In those situations where the superintendent’s employment contract includes an evaluation, dismissal or non-renewal provision, it shall take precedent over this policy.
END OF POLICY
Legal Reference(s)
ORS 192.660 (2), (8)
ORS 332.107
ORS 332.505
ORS 342.513
ORS 342.815
OAR 581-022-2405
Hanson v. Culver School District No. 5 (FDAB 1975).
Cross Reference(s)
Code: CCB
Adopted: 7/13/22
The Board expects the superintendent to establish a clear understanding of working relationships in the school system with all staff.
Lines of direct authority will be those approved by the Board and shown on the district organization chart.
Staff members will be expected to refer matters requiring administrative action to the administrator to whom they report. That administrator will refer such matters to the next higher administrative authority, when necessary. All staff will inform their immediate supervisor of their activities by whatever means the supervisor considers appropriate.
Lines of authority should not restrict the cooperative working relationship of all staff members in developing the best possible district programs and services. In addition, this policy does not restrict protected labor relations communications of bargaining unit members. The established lines of authority represent direction of authority and responsibility. When the staff work together, the lines represent a two-way flow of ideas to improve the programs and operations in the district.
END OF POLICY
Legal Reference(s):
ORS 332.505
OAR 581-022-2405
Lebanon Education Association/OEA v. Lebanon Community School District, 22 PECBR 323 (2008).
Code: CCG
Adopted: 8/13/97
Re-adopted: 5/27/15, 9/28/17, 12/13/17, 7/13/22
The superintendent will implement and supervise an evaluation system for administrative personnel. The purpose of administrator evaluations is to assist an administrator with developing and strengthening his/her professional abilities, to improve the instructional program and management of the school system, and for supervisors to make recommendations regarding their employment and/or salary status.
A formal evaluation will be conducted at least once each year. The evaluation shall be conducted according to the following guidelines:
An administrator’s evaluation shall use the following educational leadership-administrator standards[1] adopted by the State Board of Education.
Administrator evaluations shall be based on the core administrator standards adopted by the Oregon State Board of Education. The standards shall be customized based on collaborative efforts with the administrators and any exclusive bargaining representative of the administration.
Local evaluation and support systems established by the district for administrators must be designed to meet or exceed the requirements defined in the Oregon Framework for Teacher and Administrator Evaluation and Support Systems, including:
An evaluation using the administrator standards must attempt to:
Evaluation and support systems established by the district must evaluate administrators on a regular cycle. The superintendent shall regularly report to the Board on the implementation of the evaluation and support systems and educator effectiveness.
[1] These standards are aligned with the Interstate School Leaders Licensure Consortium (ISLLC) and the Educational Leadership Constituents Council (ELCC) standards for Education Leadership.
Legal Reference(s)
ORS 192.660 (2), (8)
ORS 332.505
ORS 342.513
ORS 342.815
ORS 342.850
ORS 342.856
OAR 581-022 2405
OAR 581-022 2410
OAR 581-022 2420
Hanson v. Culver School District No. 5 (FDAB 1975).
Code: CHCA
Adopted: 8/13/97
Re-adopted: 12/12/2018, 7/13/22
In order that pertinent Board policies, regulations, school rules and procedures may be known by all staff members, patrons, students and parents affected, district administrators and principals are granted authority to issue staff and student handbooks.
The contents of all handbooks must conform with districtwide board policies and administrative regulations. The publication shall bear the name of the district, or one of its schools, and be of a quality that reflects favorably on the district. The Board expects all handbooks to be approved by the superintendent or designee before publication.
The Superintendent will use his/her judgment as to whether specific handbooks need Board approval. However, all handbooks published are to be made available to the Board for informational purposes.
Legal Reference(s)
ORS 332.107
Code: CI
Adopted: 8/13/97, 7/13/22
When the superintendent is to be absent from the district, an administrator will be designated to serve in his/her absence.
If the superintendent is unable to serve because he/she is disabled or for some other reason, the Board will assign the superintendent’s duties, as appropriate.
Legal Reference(s)
ORS 332.505
Code: CM
Adopted: 8/13/97
Re-adopted: 4/11/2018, 7/13/22
The superintendent will prepare an annual report that represents the district’s compliance with the standards adopted by the State Board of Education and submit that report to the Board.
The district’s annual report will be presented at a public Board Meeting by February 1 of each year. This report will be posted on the district’s web page by February 1 of each school year. The Board will acknowledge receipt of the report prior to its submission to the Oregon Department of Education (ODE).
The district will report on its compliance with state standards to ODE by February 15 each year on a form provided by ODE.
Legal Reference(s)
ORS 329.095
ORS 329.105
OAR 581-022 2260
OAR 581-022 2305
Code: CPA
Adopted: 7/13/22
When the Board determines, through the budgeting process, that a layoff of staff is necessary, it will discuss the matter at a regular or special Board meeting and will consider such factors and alternatives it deems necessary to arrive at a decision. Layoff may take place under the following conditions:
1. The district’s lack of funds to continue its educational program at its anticipated level;
2. Elimination or adjustment of classes due to an administrative decision;
3. Other reasons as determined by the Board.
This policy applies to all licensed administrators below the rank of assistant superintendent.
The Board retains the right to determine when a layoff is necessary. Layoffs shall be by position. A reduction in hours does not constitute a layoff.
The factors considered in the layoff process will be license, seniority, qualifications, merit and/or competence. Competence includes recent experience, additional training and educational attainments. Merit includes the measurement of one administrator’s ability and effectiveness against the ability and effectiveness of another administrator.
The Board desires/expects administration to retain, consistent with state law, the most capable and productive of the licensed and qualified employees needed to carry out the approved programs of the district’s schools.
Prior to initial development of a recall procedure for administrators, the Board will consult with the employees or a designated representative of the employees covered by this policy.
The district will develop administrative regulations to implement this policy.
END OF POLICY
Legal Reference(s):
ORS 332.107 ORS 342.934
Code: CPA-AR
Revised/Reviewed: 7/13/22
l
General
This administrative regulation applies to all licensed administrators below the rank of assistant superintendent.
The Board retains the right to determine when a layoff is necessary. Layoffs will occur by position. A reduction in hours does not constitute a layoff.
The superintendent or designee shall offer recommendations to the Board regarding transfers, both voluntary and involuntary, and the position(s) which will be eliminated. The factors considered in the layoff process will be license, seniority, qualifications, merit and/or competence. Competence includes recent experience, additional training and educational attainments. Merit includes the measure of one’s administrative ability and effectiveness against the ability and effectiveness of another administrator.
The Board desires/expects administration to retain, consistent with state law, the most capable and productive of the licensed and qualified employees needed to carry out the approved programs of the district’s schools.
The district determines that when a layoff of licensed administrators is necessary, the superintendent or designee will use the procedures described in Section II of this regulation. The superintendent or designee will make every reasonable effort to transfer a licensed and qualified administrator who will be laid off to a vacant administrative position for which the administrator is licensed and qualified, in accordance with the procedures described in Section III. The superintendent or designee may combine remaining positions, if it meets district curriculum needs, so that administrators continue to be licensed and qualified to perform available jobs.
Section I - Definitions
1. “Competence” means the ability to perform the essential functions of a job or assignment based on recent experience, additional training or educational attainments, or both, but not based solely on type of license and endorsements of an employee. The superintendent or designee may interpret “recent experience” as having performed the essential functions of the job or assignment within the last five school years. The superintendent or designee, as a guideline, may consider whether a person has held a position “directly above” or a position “directly below” the eliminated position. “Directly above” means a supervisory position. “Directly below” means a direct or indirect reporting relationship to the superintendent.
2. “Merit” means the measurement of one administrator’s ability and effectiveness against the ability and effectiveness of another administrator.
3. “Seniority” is calculated from the first day of actual continuous service as an administrator in the district inclusive of approved leaves of absence. If necessary, ties in length of service shall be broken by drawing lots.
4. “License” means a document or documents issued by Teacher Standards and Practices Commission permitting an individual to perform certain duties within a public district.
5. “Qualifications” mean training, experience, skill and other attributes in addition to the individual’s license.
Section II - Layoff Procedures
1. Administrative positions will be grouped by positions or assignments which the superintendent or designee determines are sufficiently comparable to use in the layoff process.
2. The superintendent or designee may use the following job groups as a guideline:
a. School Administrators
Group 1: High school/Middle school/Elementary principals
Group 2: Assistant principals
b. Central Office Administrators
Group 3: Directors (special education, etc.)
Group 4: Coordinators (e.g., talented and gifted (TAG), special education, curriculum, etc.)
Group 5: Others
3. If a new administrative position is created, it will be placed in one of the existing job groupings or in a new job grouping, as determined by the superintendent or designee.
4. Upon recommendation by the superintendent or designee, the Board may eliminate one or more administrative positions within a job group or groups.
5. The superintendent or designee may recommend layoffs within job groups based on license, seniority, qualifications, merit and/or competence.
6. After identification of the administrator(s) to be laid off from a particular job group, the superintendent or designee will reassign the remaining administrators in that group to the remaining positions as necessary.
7. The superintendent or designee will determine whether the administrators identified for layoff will be transferred to a vacant administrative position under the procedures of Section III below or as provided for in state law given the option of a classroom teaching assignment provided the administrator is licensed and determined by the district to be qualified based on merit and/or competence for the assignment.
Section III - Reassignments and Transfers
1. The superintendent or designee will review an administrator’s personnel file, and from consultation with the administrator’s supervisors, shall determine if an administrator who will be laid off under Section II can be transferred to a vacant administrative position. Each transfer may be based on license, seniority, qualifications, merit, competence and previous administrative positions held as determined by the superintendent or designee.
2. An administrator may voluntarily accept a classroom teaching assignment in lieu of a layoff.
a. The administrator may accept a classroom teaching assignment which is currently vacant.
b. If the administrator previously taught and was a contract teacher in the district, the administrator may displace (“bump”) a probationary or contract teacher with less seniority.
c. If the administrator never taught in the district, the administrator may displace (“bump”) a probationary teacher with less seniority.
3. While an administrator retains his/her rights to recall to a vacant administrative position in accordance with Section IV below, an administrator who voluntarily accepts a classroom teacher assignment will also be covered by the layoff/recall and other provisions of the collective bargaining agreement governing regularly employed teachers for purposes of their rights as teachers.
Section IV - Recall
1. An administrator who is laid off under this procedure shall be placed in a recall pool. An administrator who resigns rather than accept layoff or reassignment under this procedure forfeits rights to be placed in the recall pool.
2. An administrator will be maintained in the recall pool for a period of not more than 27 calendar months from the effective date of layoff.
3. A laid-off administrator who rejects recall to a position offered by the district for which the administrator is licensed and qualified to perform and which is similar to the workday or work year of the person’s previous position, thereby waives any further recall rights, and the administrator’s employment terminates effective the date of rejection of the job offer.
4. Licensed and qualified administrators will be considered for recall based on proper licensure and qualifications to perform the essential functions of the job. The district retains the right to recall a less senior administrator to the position if that individual has more merit and/or competence.
5. Administrators will be recalled based on license, seniority, qualifications, merit, competence and other relevant factors.
6. Notification of recall will be delivered in person or deposited as certified mail, postage prepaid and addressed to the last known address of the laid-off employee. It is the responsibility of the administrator to ensure up-to-date mailing information is provided to the district. The individual shall be allowed 10 calendar days from the date of personal delivery or postmark to accept the position in writing. If the individual declines the recall or fails to accept within the 10-day period or fails to report for duty on the date specified in the recall notice, the individual’s name will be removed from the recall pool. The individual will be considered to have resigned employment with the district and waived any further right of recall.
7. An administrator who wishes to remain eligible for recall to a position requiring a license must maintain a valid license.
8. Individuals who wish to waive recall rights prior to 27 months subsequent to the effective date of a layoff may do so by written notification to the district. Such notice will be considered a voluntary resignation and the individuals shall forfeit all employment rights with the district.
9. Employees returning from layoff shall be credited with all seniority and sick leave the employee earned prior to the effective date of the layoff, but the employee shall not accrue leave, benefits or seniority during the period of the layoff. If applicable, the district will apply any sick leave accrued from another school district employment during the recall time as allowed by state law.
10. An employee who has been laid off has the option of continuing the employee’s health insurance program at the employee’s expense for up to 18 months, subject to the approval and rules of the insurance carrier(s).
11. An employee must have completed at least 135 contract days during 1 school year in order to be eligible for 1 vertical step advancement for the succeeding school year. If, because of layoff, an employee does not complete at least 135 contract days that school year, the employee will be placed on the same salary schedule step as the employee was on prior to layoff.
12. Nothing in this regulation shall be construed so as to interfere with the district’s right to dismiss an administrator, not extend the contract of an administrator or dismiss or nonrenew the contract of a probationary administrator pursuant to state law.
13. An individual who is no longer employed as an administrator in the district due to resignation, assignment to a nonadministrative position, expiration of the recall period or rejection of a position offered by the district shall receive salary for all unused vacation time following the termination of employment as an administrator.
Section V - Announcements of Decisions
Public announcements of layoff decisions should occur only after prior notice to affected administrators. Certain circumstances may, in some cases, prevent prior notice and employees will be notified as soon as is practical.
Section VI - Appeal Procedure
An appeal from a layoff decision shall be by arbitration pursuant to the employee’s individual employment contract, administrator group contract (“employment agreements or meet and confer agreements”) or rules of the Employment Relations Board.
Section VII - Future Changes in Procedure
The district reserves the right to amend, revise or repeal all or any part of this procedure at any future time and no employee shall have any vested right in the continuation of this procedure or any amendment thereof, provided, however, that no amendment or repeal of this procedure shall prejudice the reinstatement rights of any individual who is in the “recall pool” at the time these procedures are amended, revised or repealed. The district will also consult with employees covered by this administrative regulation prior to making any decisions regarding changes to this procedure.
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