employment contract between the board of

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EMPLOYMENT CONTRACT

BETWEEN

THE BOARD OF EDUCATION OF THE HOUSTON INDEPENDENT SCHOOL DISTRICT

and

TERRY B. GRIER, Ed.D

Dated as of September 11, 2009

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HOUSTON INDEPENDENT SCHOOL DISTRICT EMPLOYMENT CONTRACT

THE STATE OF TEXAS § §

COUNTY OF HARRIS §

This Contract (,'Contract") is by and between the Board of Education ("Board") of the

Houston Independent School District ("District") and Teny B. Grier, Ed.D. ("Superintendent").

WITNESSETH:

WHEREAS, at a meeting of the Board of the District on September 10, 2009, the

Superintendent was offered further employment as Superintendent of Schools, and

WHEREAS, the Superintendent accepted the offer of employment in this position on

September 10,2009;

NOW, THEREFORE, pursuant to the authority of Section 11.201 of the Texas Education

Code', the 1923 Special Act creating the District, and the general laws of the State of Texas, the

Board and the Superintendent agree as follows:

1. TERM

1.1 The Board, by and on behalf of the District, employs the Superintendent, and the

Superintendent accepts employment as Superintendent of Schools for the District for a tenn

commencing on September 11, 2009 ("Effective Date"), and ending on December 31, 2012.

Upon execution by the parties, this Contract will become effective on September II, 2009, and it

will replace any prior understandings, agreements, or contracts between the parties. Beginning

January 1, 20 I0, and for the remainder of this Contract and any extension thereof, each contract

year shall be from January 1 through December 31 (hereinafter referred to as the "Contract

Year").

1.2 Beginning on January I, 2013, this Contract shall automatically be

extended for an additional one (l) year, through December 31,2013, unless the Board, on behalf

of the District, notifies the Superintendent in writing on or before December I, 2012, of its

decision not to extend the Contract. In the event the Contract is extended, the Superintendent's

compensation and benefits will be as set forth herein, unless the parties agree to different

compensation and benefits in the fonn of a written addendum or new contract, signed by the

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parties.

1.3 At any time during the term of this Contract, the Board may, in its sole discretion,

extend the term of this Contract for additional years as authorized by law, with the

Superintendent's acceptance of such extension. The Superintendent does not have a property or

liberty interest, or any other legally recognized and/or protected interest or expectation, in

such extension by the Board. In the event that the Contract is extended, the Superintendent's

compensation and benefits will be as set forth herein, unless the parties agree to different

compensation and benefits in the form of a written addendum or new contract, signed by the

parties.

2. EMPLOYMENT

2.1 Duties. The Superintendent is the chief executive officer of the District and he

shall faithfully perform the duties of Superintendent of Schools for the District as prescribed in the

job description and as may be lawfully assigned by the Board, and shall comply with all legal

Board directives, state and federal laws, and lawful District policies, rules, and regulations as

they exist or may hereinafter be adopted or amended, including, but not limited to, the District

monitoring system established by the Board. Except as provided in this Contract, the

Superintendent agrees to devote his full time and energy to the performance of these duties

in a faithful, diligent, and efficient manner. Specifically, the duties of the Superintendent shall

include (but not be limited to):

(a) assume administrative responsibility and leadership for the planning, operation,

supervision and evaluation of the education programs, services and facilities of the District and

for the annual performance appraisal of the District's staff;

(b) assume administrative authority and responsibility for the assignment, reassignment

and evaluation of all personnel other than the Superintendent;

(c) make decisions regarding the District's personnel consistent with Section 2.6 herein;

(d) manage the day-to-day operations of the District as its administrative manager;

(e) prepare and submit to the Board annually a proposed budget covering all estimated

revenue and proposed expenditures of the District for the following fiscal year;

(f) prepare recommendations for policies to be adopted by the Board and oversee the

implementation of adopted policies;

(g) develop appropriate administrative regulations to implement policies adopted by the

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Board;

(h) provide instructional leadership for the attainment of student perfonnance based on

the academic excellence indicators adopted by the State Board of Education and other indicators

adopted by the Board;

(i) organize the District's central administration staff subject to provisions of Section 2.6

herein; and,

U) communicate and collaborate with all members of the Board.

2.2 Professional Activities/Civic Organizations. The Superintendent shall

reasonably attend and participate in appropriate professional and civic meetings at the local,

state, and national levels with the reasonable expenses for such attendance to be borne by the

District, including membership fees and dues of the Superintendent in such organizations as he

deems appropriate in the performance of his duties, from funds budgeted for that purpose by the

Board, and the Superintenderit may hold offices or accept responsibilities in these

professional and civic organizations, provided that such meetings, offices and/or

responsibilities do not interfere with the perfonnance of his duties as Superintendent.

2.3 Writing, Teaching, and Speaking Activities. The Superintendent shall be

pennitted to undertake writing, teaching, and speaking activities, provided that these activities

(i) do not interfere with the performance of his duties as Superintendent; (ii) so long as such

activities do not give rise to a real or potential conflict of interest; and (iii) the Superintendent

shall use vacation days or personal leave days when participating in such activities.

Notwithstanding the foregoing, Superintendent shall not undertake any paid consulting

activities outside of the District or be permitted to perform or engage in any services,

consulting, or other activities for payment without having first disclosed all material details to

the full Board in writing and obtaining the prior written approval from the Board President.

2.4 Professional Certification and Records. This Contract is conditioned on the

Superintendent's obtaining and providing valid and appropriate certification, or other waiver,

permit or authorization to act as a superintendent in the state of Texas as prescribed by the laws

of the state of Texas and the rules and regulations of the Texas Education Agency and/or the

State Board for Educator Certification. The Superintendent must also file any other records

required for the personnel files and for payroll purposes. Failure to provide necessary

certification shall render this Contract void, and any misrepresentation in the records shall be

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grounds for tennination.

2.5 Reassignment. The Superintendent may not be reassigned from the position of

Superintendent to another position without the Superintendent's written consent.

2.6 Employment of Contract and Non-Contract Employees. In accordance with

Sections 11.201 and 11.1513 of the Texas Education Code, the Board by policy and by this

Contract has delegated to the Superintendent the authority to detennine the terms of employment

of all employees of the District except the Superintendent. Specifically, save and except for

employees that report directly to the Superintendent and any District reorganization that will

require the Board being infonned prior to any decision or action on the part of the

<:;uperintendent, the Superintendent has been delegated the authority to employ all contract and

non-contract employees for positions authorized by the Board and to direct, assign, reassign and

transfer all employees in the manner which in his judgment best serves the District, subject

to guidelines established in policy by the Board. Further, the Superintendent has been delegated

the authority to terminate or nonrenew all contract and non-contract employees, other than contract

staff covered by SUbchapters C, D, E, F, and G, Chapter 21, Texas Education Code and the

Superintendent.

2.7 Board Meetings and Relation. The Superintendent, or his designee, shall have the

right to attend all meetings of the Board and all Board committee meetings, both open and

closed, and may participate in the deliberations of the Board at all such meetings, with the

exception of those closed meetings of the Board involving the Superintendent's evaluation,

consideration of the tenns of the Superintendent's employment pursuant to the terms of this

Contract, confidential discussions among Board members to resolve any differences of opinion

among members of the Board, and/or when the Board is acting as a tribunal.

3. COMPENSATION AND SALARY

3.1 Annual Base Salary. The Superintendent will be paid an annual base salary

in the sum of Three Hundred Thousand Dollars ($300,000.00) through the tenn of this Contract.

3.2 Salary Adjustments. At any time during the term 0 f this Contract, the Board

may, and without the necessity of entering into a new contract, in its sole discretion, review

:md adjust the salary of the Superintendent, but in no event will the Superintendent be paid less

than the salary set forth pursuant to Section 3.1 of this Contract except by mutual written

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agreement of the parties or pursuant to Section 5. Any mutually agreed adjustments, if any, will

be in the form of a written addendum to this Contract or a new contract signed by the parties, and

such adjustment shall be exclusive of any other benefits unless specifically provided in the

addendum or new contract.

3.3 Business Expenses. The District will payor reimburse the Superintendent for

reasonable reimbursable expenses as determined and incurred by the Superintendent in the

continuing performance of the Superintendent's duties under this Contract, from funds budgeted

for that purpose by the Board. The District agrees to pay the reasonable actual and incidental

costs incurred by the Superintendent for travel; such costs may include, but are not limited to,

airline tickets, hotels and accommodations, meals, rental car, and other expenses incurred in the

performance of the business of the District. The District also will reimburse the Superintendent

for the reasonable costs of flowers, plants and/or sympathy baskets made on behalf of the District

and/or the Board and related to the death or illness of District employees, Board members,

community leaders, or their immediate family members. The Superintendent shall comply with all

policies, procedures and documentation requirements in accordance with Board policies and

established procedures. Annually, the Superintendent's travel and business expenses will be

subject to review by the District's independent auditors. In addition, the Superintendent shall

submit a quarterly report on his business expenses to the Board's Audit Committee.

3.4 Teacher Retirement System of Texas. The District shall supplement the

Superintendent's annual salary with the Effective Date and through the term of this Agreement,

by an amount equal to the Superintendent's portion of the monthly contribution to the Teacher

Retirement System of Texas ("TRS") required for the Superintendent. This additional salary

supplement shall be paid to the Superintendent by regular payroll installments and shall be

reported a "creditable compensation'~ y the District for purposes of TRS.

3.5 Automobile/Automobile Expense. The District shall pay the Superintendent an

amount of One Thousand Two Hundred Dollars ($1,200.00) per month during any year of this

Contract or any extension thereof as a in-District car allowance, which covers the payment for

insurance, repair, maintenance, fuel and other expenses of operating such car. The

Superintendent shall maintain liability insurance for his car of not less than the amount of

$250,000 (bodily injury liability - each person); $500,000 (bodily injury liability - each

accident); $100,000 (property damage liability - each accident). This car may be used for

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personal and business purposes. This monthly payment will be annualized and paid to the

Superintendent in each of his bi-weekly paychecks. The Superintendent will have access to a

staff member, as reasonably available, to drive his vehicle or a District vehicle when the

Superintendent determines it is necessary to the performance of his duties. In addition, the

Superintendent will have access to a District vehicle whenever he determines it is necessary and/or

beneficial to the performance of his duties. The Superintendent may be reimbursed for travel in his

car outside of the District at the District's approved reimbursement rate for travel outside of the

District. Any tax consequences for the car allowance will be the Superintendent's individual

responsibility.

3.6 Health, Disability, and, Other Insurance. Except as otherwise provided in this

Contract, the District will pay for coverage for Superintendent and his Spouse for group health,

major medical and hospitalization, dental, and vision insurance, as selected by the Superintendent

from plans offered by the District to its employees. Except as otherwise provided herein, the

District will provide Superintendent with all other benefits on the same basis as other 12-month

administrative employees of the District.

3.7 Annual Service Purchase. Subject to a satisfactory performance appraisal,

conducted by the Board under standards developed pursuant to Sections 4.1, 4.2 and 4.3

herein and with the current Superintendent's Performance Appraisal Instrument being

attached as Attachment "A" ("Appraisal Instrument"), the District shall contribute on an

annual basis to a Service Purchase Tax Deferred Plan or plans (the "Plan") established for

the benefit of the Superintendent under Section 403(b), Section 457(b), and/or Section

401 (a) of the Internal Revenue Code ("Code") a lump sum in the following amounts:

(i) $30,000 at the conclusion of Contract Year 1 of the Contract;

(ii) $37,500 at the conclusion of Contract Year 2 of the Contract; and

(iii) $45,000 at the conclusion of Contract Year 3 of the Contract.

For the purposes of this Section 3.7, "satisfactory performance appraisal" means a "2" or

higher on a scale of "3" with a "3" meaning "above expectations", a "2" meaning "meets

expectations" and" I" meaning "below expectations".

The Board and Superintendent agree within thirty (30) days of the Effective Date that the

Board or a Board subcommittee and Superintendent will review the Appraisal Instrument and

with the Superintendent's input and review by the District Level Committee, the Board will adopt

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appropriate modifications to the "Appraisal Instrument" to be used in appralSlng the

Superintendent during Contract Year One consistent with Sections 4.1, 4.2 and 4.3 herein. In

reviewing the Appraisal Instrument, the Board and the Superintendent will ensure that the criteria

developed for the Appraisal Instrument align with the District's Board Monitoring System, are in

accordance with Texas law, and are specific, measurable, attainable, relevant to the Board's

mission and vision for the District, and are timely.

The 403(b) and 40l(a) plans shall be established as employer-paid plans with non

discretionary contributions by the District and the Superintendent shall have no right to receive

such contributions in cash. The 403(b) plan, 40l(a) plan, and 457(b) plan shall each be

established under a written plan document that meets the requirements of the Code and such

documents are hereby incorporated herein by reference. The funds for the 403(b) plan, 40l(a)

plan, and 457(b) plan shall each be invested in such investment vehicles as are allowable under

the Code for the applicable type of plan. The Superintendent shall have sole discretion as to

where the contributions to the Plan are invested, to the extent such investments comply with

applicable State and federal laws. The Superintendent shall not be entitled to receive in cash any

portion of the aforementioned funds that exceed the contribution limit or limits established by

law. Each such Plan established on behalf of the Superintendant shall provide that contributions

made to the Plan by the District and all earnings thereon shall be fully vested in the

Superintendent.

Contributions made by the District to the Plan shall first be made to the 403(b) plan. If the

contribution to the 403(b) plan exceeds the contribution limit established by law for such plan,

then the remaining contribution by the District shall be made to the 457(b) plan. If the

contribution to the 457(b) plan then exceeds the contribution limit established by law for such

plan, the remaining contribution by the District shall be made to the 40 lea) plan.

3.8 Information Technology/Communications Allowance. The District shall pay

the Superintendent an amount of Four Hundred Dollars ($400.00) per month during any year of

this Contract or any extension thereof for a portable cellular telephone allowance to provide him

with a portable cellular telephone and/or personal digital assistant (PDA) with nationwide

coverage for his business and personal use. This monthly payment will be annualized and paid

to the Superintendent in each of his bi-weekly paychecks.

3.9 Vacation and Holidays. The Superintendent may take, at the Superintendent's

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choice and subject to the Board's prior approval, 30 days of vacation per year of this Contract,

which may be accumulated without limit. Upon termination of employment or at the conclusion

of any contract year, at Superintendent's discretion, all unused vacation days accumulated by the

Superintendent during his employment by the District will be paid in a lump sum to the

Superintendent or his survivors at the Superintendent's then current daily rate of base pay based on

a 254 day work year. The vacation days taken by the Superintendent will be taken at such time or

times as will least interfere with the performance of the Superintendent's duties as set forth in this

Contract, with prior notice to the, Board President prior to taking such leave. The Superintendent

shall have the same duty days and shall observe the same legal holidays as those observed by

administrative employees on 12-month contracts.

3.10 Personal and Sick Leave. The Superintendent will have 5 personal leave days

and 30 sick days. The Superintendent may accumulate personal and sick leave days without limit.

Upon termination of employment or at the conclusion of any contract year, at Superintendent's

discretion, all unused sick days accumulated by the Superintendent during his employment by

the District will be paid in a lump sum to the Superintendent or his survivors at the

Superintendent's then current daily rate of base pay based on a 254 day work year.

3.11 Annual Physical Examination. The Superintendent shall undergo an annual

physical examination performed by the Superintendent's primary care physician. The physician

shall submit a confidential statement to the Board President verifYing the Superintendent's fitness

to perform the essential functions of his job, and copies of all such statements shall be

confidential to the extent permitted by law. The District shall pay all reasonable costs of the

annual physical examination. The examination shall be performed on or before January 31 of

each year of this Contract.

3.12 Performance Incentives. Upon Superintendent's achievement of the

performance compensation criteria as set forth on Attachment "B", which is attached

hereto and made a part hereof as though fully set forth herein, the Superintendent shall be

paid additional performance compensation above his base salary as follows:

(i) up to $30,000 at the conclusion of Contract Year 1 of the Contract;

(ii) up to $50,000 at the conclusion of Contract Year 2 of the Contract; and

(iii) up to $80,000 at the conclusion of Contract Year 3 of the Contract.

The Board and the Superintendent will review annually during the Superintendent's appraisal

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process pursuant to Sections 4.2 and 4.3 herein, the annual performance compensation criteria as

set forth on Attachment "B" to determine if any modifications are appropriate.

The Board may, at its sole discretion, pay any part of the performance compensation set forth in

this Section 3.12 to the Plan referenced in Section 3.7 herein.

3.13 Taxable Benefits. If any of the payments or benefits provided to the

Superintendent in accordance with Sections 3.3, 3.4, 3.5, 3.6, 3.7,3.8,3.9,3.10,3.11,3.12 and/or

6.1 are subject to federal income tax in any year of the Contract, any such tax consequences will

be the Superintendent's individual responsibility.

3.14 Personal Protection. The District shall, at its expense, provide to the

Superintendent such personal protection as the Board may deem necessary. In the event the life

or safety of the Superintendent or the Superintendent's spouse is threatened or otherwise appears

in danger due to the performance of the Superintendent's professional duties, the District shall

pay the reasonable and necessary cost incident for the protection of the Superintendent and the

Superintendent's spouse; provided, however, that such protection shall initially be sought from

the police department or other appropriate governmental authority having jurisdiction in the

District.

4. ANNUAL PERFORMANCE GOALS

4.1 Development of Priorities. Within one (1) month after the annual Board

retreat held each school year during the term of this Contract, the Board President, with the

cooperation, input and support of the Superintendent, shall develop and submit for the Board's

consideration and approval a proposed list of priorities within the Board's goals for the District.

The priorities approved by the Board shall be reduced to writing and shall be among the criteria

on which the Superintendent's performance will be reviewed and evaluated.

4.2 Review of Performance. The Board shall evaluate and assess the performance

of the Superintendent in writing on or before October 31 of each year of this Contract (beginning

October 31, 2010 and on or before each October 31 st thereafter during the term of this Contract).

The meetings at which the Board evaluates the Superintendent will be held in closed meeting

unless the Board and Superintendent determine that it should be held in open meeting. The

evaluation and assessment shall be related to the duties of the Superintendent as outlined in the

Superintendent's job description and the annual priorities within the Board's goals developed

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pursuant to Section 4.1 herein.

4.3 Evaluation Format and Procedure. The evaluation format and procedure shall be in

accordance with the Board's policies and state and federal law and with the input of the

Superintendent. In the event the Board deems that the evaluation instrument, format and/or

procedure (including, but not limited to timeline) is to be modified by the Board, the

Superintendent shall be provided a reasonable period of time to demonstrate such expected

performance before being evaluated.

5. TERMINATION OF EMPLOYMENT CONTRACT

5.1 Mutual Agreement. This Contract may be terminated by mutual agreement

of the Superintendent and the Board in writing upon such terms and conditions as may be mutually

agreed upon.

5.2 Termination for Cause by the District. Superintendent may be terminated by

District for cause as outlined below;

(a) Notwithstanding anything herein to the contrary, the District may, without

liability, terminate the Superintendent's employment hereunder for cause at any time upon

written notice from the District specifying such cause, and thereafter the District's obligations

under this Contract shall immediately cease and terminate. Grounds for termination "for good

cause" include, but are not limited to, one or more of the following:

(1.) Superintendent's failure to follow the lawful directives and/or policies of

the Board of Directors;

(2.) A breach of Superintendent's fiduciary duties;

(3.) A material breach of this Contract;

(4.) An indictment, conviction, a plea of guilty, or a plea of nolo contendere

for any act or omission relating to Superintendent's fraud, dishonesty, or

crime involving moral turpitude;

(5.) Engaging in acts which are defined as moral turpitude under state or

federal laws and cause embarrassment to the District;

(6.) Actions involving willful malfeasance or gross negligence in the

performance of Superintendent's duties which could be materially and

demonstrably injurious to the District;

(7.) Commission of an act of fraud, embezzlement, theft or material dishonesty

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against the District;

(8.) Any absence from work by Superintendent for more than ninety (90) days

during any twelve (12) month period;

(9.) Superintendent's death or retirement; and

(10.) Any action considered good cause under state law.

(b) The procedure for termination of this Contract for good cause shall be as provided

in Section 5.6.

(c) Upon any termination by District for good cause, and except as otherwise

required by law, the Superintendent shall have no right to any compensation from District

including, but not limited to, salary, bonuses, incentives, severance, benefits, or other

compensation for any period subsequent to the date of termination; and shall have no right,

except as otherwise required by law, to participate in any employee benefit programs referred to

in or provided to Superintendent under this Contract for any period subsequent to the date of

termination.

5.3 (a) Termination by the Superintendent. Under this Contract, and in exchange

for the consideration given to Superintendent under this Contract, Superintendent may, upon

fifteen (15) days written notice, terminate his employment with the District with good reason.

For purposes of this Section 5.3, "good reason" shall mean: (i) a substantial and material

prolonged reduction of the Superintendent's title, duties, and responsibilities to the District; or

(ii) a reduction in the Superintendent's base salary below the amount set forth in Section 3.1.

(b) In the event of a termination for "good reason" pursuant to this Section

5.3, Superintendent shall give District ten (10) days, upon written notice, to substantially cure

any such alleged good reason prior to the commencement of the fifteen (IS) day notice of

termination period.

(c) Superintendent shall be required to render the services required under this

Contract during any notice period required under this Section 5.3 unless otherwise directed by

the Board.

(d) In the event of a termination of Superintendent's employment pursuant to

Section 5.3, with good reason, the Superintendent's entitlement to compensation, severance,

benefits, and other consideration shall be the same as a termination without cause by the District

under Section 5.7 of this Contract.

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(e) Tennination of the Superintendent's employment will not result in a

waiver of District's claims, if any, against Superintendent for a breach of this Contract or for

other such causes of action that District may have against Superintendent under this Contract or

as otherwise provided by applicable law.

5.4 Disability. In the event the Superintendent shall become physically or mentally

unable to perform the essential functions of his job as Superintendent, the Board, at its option,

may terminate this Contract and the employment of the Superintendent after the

Superintendent's exhaustion of his personal and sick leave days and vacation days provided

pursuant to Sections 3.9 and 3.10 herein. Verification of the illness or disability of the

Superintendent shall be required whenever a majority of the Board requests it. Verification shall be

by a physician designated by the Board and Superintendent; however, should the Board and

Superintendent be unable to agree, the physician shall be the physician chosen under Section

3.11. Should the Superintendent be terminated due to such physical or mental disability, the

Superintendent shall be entitled to one (1) year of his annual base salary set out in Section 3.1

and a continuation of the District's payment for the health, major medical and hospitalization

insurance for the Superintendent, set out in Section 3.6, for a period of one (1) year from the

date of termination. Except for the payments set out in this Section, plus the amounts for vacation

leave under Section 3.8, the District shall have no further liability to the Superintendent for any

other compensation or benefits.

5.5 Termination Procedure. In the event that the Board proposes to terminate this

Contract for good cause, the Superintendent shall be afforded the rights as set forth in the Board's

policies and applicable state and federal law.

5.6 Nonrenewal of Contract. Except as otherwise provided herein, nonrenewal of this

Contract shall be in accordance with Board policy and applicable law.

5.7 Unilateral Termination. In the event the Board, by an affirmative vote of at

least two-thirds of the full membership of the Board, unilaterally decides to terminate this

Contract without good cause or in lieu of nonrenewal, the Superintendent will receive one year

of his current annual base salary and the value of his annual benefits as set out in Sections 3.1

and 3.4 through 3.11 of this Contract. It is understood and agreed that in the event of unilateral

termination by the Board, the Superintendent will receive only the payments specified in this

Section plus, subject to District policy, the amounts due for vacation leave and personal and

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sick leave pursuant to Sections 3.9 and 3.10 herein. Notice of such termination and the procedure

for termination will be in compliance with Section 5.5 herein. It is further understood and agreed

that the payments provided above will be in full satisfaction of the District from all claims under

this Contract. It is agreed that in the event of unilateral termination by the Board, the

Superintendent will have no duty to mitigate damages.

5.8 Professional Liability. The District shall indemnify, defend, and hold the

Superintendent harmless regarding any claims, demands, duties, actions or other legal

proceedings against the Superintendent, or damages incurred by the Superintendent, including

court costs and attorney's fees, in his individual or official capacity for any act or failure to act

involving the exercise of judgment and discretion within the normal course and scope of his

duties as Superintendent of the District, to the extent and to the limits permitted by law. This

paragraph does not apply if the Superintendent is found to have materially breached this

Contract, to have acted with gross negligence or with intent to violate a person's clearly

established legal rights, or to have engaged in official misconduct or criminal conduct, nor does

it apply to criminal investigations or proceedings. The District may, at its discretion, fulfill its

obligation under this paragraph by purchasing appropriate insurance coverage for the benefit of

the Superintendent or by including the Superintendent as a covered party under any contract

providing errors and omissions insurance coverage purchased for the protection of the Board and

the professional employees of the District. The Board may retain attorneys to represent the

Superintendent in any proceeding for which he could seek indemnification under this paragraph,

to the extent that damages are recoverable or a defense is provided, under any such contract of

insurance. No individual member of the Board shall be personally liable for indemnifying and

defending the Superintendent under this paragraph. The District's obligation under this

paragraph shall continue for a period of no more than four (4) years after the termination of

this Contract for qualifying acts or failures to act occurring during the term of this Contract or

any extension thereof.

The Board shall not be required to pay any costs of any legal proceedings in the event the

Board and the Superintendent are adverse to each other in any proceedings.

The Superintendent shall fully cooperate with the District in the defense of any and all

demands, claims, suits, actions and legal proceedings brought against the District. The

Superintendent's obligation under this paragraph shall continue after any termination of this

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6.1

Contract for a period of no more than four (4) years.

6. TRANSITION EXPENSES

Moving-Relocation Expenses. In connection with the necessary relocation of the

Superintendent and the Superintendent's family from San Diego, California, to Houston, Texas,

the District shall pay the Superintendent the sum of Twenty-Five Thousand Dollars ($25,000.00)

for moving expenses, which shall include, but not be limited to, relocation of the

Superintendent's furniture and automobiles from California to Texas, lease cancellation fees,

temporary housing and other relocation expenses related to the Superintendent's move of his

family from California to Texas. The moving-relocation expense of Twenty-Five Thousand

Dollars ($25,000.00) will be paid by the District to the Superintendent on or before thirty (30)

days from the Effective Date. The District will structure the payment and tax reporting of such

payment as directed by the Superintendent in order to minimize the federal taxes on such

payment, to the extent such instructions comply with all State and federal laws.

7. MISCELLANEOUS PROVISIONS

7.1 Controlling Law. This Contract shall be governed by the laws of the state

of Texas, and it shall be performable in Harris County, Texas, unless otherwise provided by law.

Venue for any dispute concerning the interpretation or enforcement of this Contract shall be in

Harris County, Texas.

7.2 Heirs and Assigns. The provisions of this Contract are binding upon the heirs,

personal representatives, successors and assigns of the Superintendent.

7.3 Waiver. No waiver of any of the provisions of this Contract shall be deemed for

any purpose to be a waiver of the right of any party hereto to enforce strict compliance with the

provisions hereof in any subsequent instance.

7.4 Severability. Each of the covenants and provisions contained in this Contract

shall be enforceable independently of every other covenant and provision in this Contract and

whether or not Superintendent has any claim or cause of action against the District based on this

Contract or otherwise.

7.5 Entirety of Contract. This Contract supersedes all other agreements, either oral or

III writing, between the parties to this Contract with respect to the employment of the

Superintendent by the District and matters relating to this Contract. This Contract may be

executed in one or more counterparts, each and all of which shall be deemed an original and all

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of which together shall constitute but one and the same instrument.

7.6 Failure to Enforce Not Waiver. Any failure or delay on the part of either the

District or the Superintendent to exercise any remedy or right under this Contract shall not

operate as a waiver. The failure of either party to require performance of any of the terms,

covenants, or provisions ofthis Contract by the other party shall not constitute a waiver of any of

the rights under this Contract. No forbearance by either party to exercise any rights or privileges

under this Contract shall be construed as a waiver, but all rights and privileges shall continue in

effect as if no forbearance had occurred. No covenant or condition of this Contract may be

waived except by the written consent of the waiving party. Any such written waiver of any term

of this Contract shall be effective only in the specific instance and for the specific purpose given.

7.7 Partial Invalidity. Ifany provision in this Contract is held by a court of competent

jurisdiction to be invalid, void, or unenforceable, the remaining provisions and otherwise valid

and enforceable clauses of this Contract shall remain in full force and effect as if this Contract

had been executed without any such invalid provisions having been included.

7.8 Section Headings. Any section headings contained in this Contract are for

convenience only and shall in no manner be construed as a part of this Contract.

7.9 Non-Reliance. The Parties stipulate and agree that they have not relied upon any

statements or representations made by any of the other parties hereto or by any person or entity

representing any of the other parties hereto.

7.10 Terms Contractual. This Contract contains the entire agreement between the

parties hereto. The terms of this Contract are contractual and are not mere recitals. This

Contract cannot be modified or amended except by a written amendment signed by all Parties to

this Contract.

7.11 Legal Consideration. The parties hereto stipulate and acknowledge that adequate

legal consideration exists to support all such parties' execution and delivery of this Contract and

the transactions, covenants, and agreements contemplated hereby.

7.12 Construction. This Contract is the product of negotiations between the Parties.

The parties hereto agree that this Contract shall not be construed against the drafter and any rule

of contract construction providing for an interpretation against the drafter shall not apply. The

parties hereto agree that should any additional instruments be necessary or desirable to confirm

and accomplish effectively the purposes of this Contract, or to establish the rights or discharge

15

· .

the obligations of any party hereunder, such additional instruments will be promptly executed

and delivered upon the request of any such party.

7.13 Copy Effective. A copy of this Contract fully executed shall be as effective, for

all purposes, as a signed original.

7.14 Notices. Any notice, request, instruction, correspondence or other document to be

given hereunder by either party to the other (herein collectively called "Notice") shall be in

writing and delivered in person or by courier service requiring acknowledgment of receipt of

delivery or mailed by certified mail, postage prepaid and return receipt requested, or by

telecopier, as follows:

(a) if to District to:

Houston Independent School District Board Services Hattie Mae White Educational Center 4400 W. 18th Street Houston, Texas 77092 Attn: President, Board of Education

with copy to:

Greenberg Traurig, LLP 1000 Louisiana St., Suite 1700 Houston, Texas 77002 Attn: Franklin Jones, Shareholder

(b) if to Superintendent, to:

Dr. Terry B. Grier 1199 Pacific Highway, #1501 San Diego, California 92101

with copy to:

Adams, Lynch & Loftin, P.e. 3950 Highway 360 Grapevine, Texas 76051 Attn: Neal W. Adams

Notice given by personal delivery, courier service or mail shall be effective upon actual receipt.

Notice given by telecopier shall be confirmed by appropriate answer back and shall be effective

upon actual receipt if received during the recipient's normal business hours, or at the beginning

16

of the recipient's next business day after receipt if not received during the recipient's normal

business hours. Any party hereto may change any address to which Notice is to be given to it by

giving Notice as provided above of such change of address.

EXECUTED to be effective as the date first written above.

{Execution Page Follows}

17

HOUSTON INDEPENDENT SCHOOL DISTRICT AGREED AND APPROVED:

BY~ wrence Marshall

President, Board of Education

Date: Date: q t 1() 0 1--"--I-----'----=----I---"=----'------

A

By: (y /-- / AJdt:~ Terry B. Gri

/ a.D. Superintendent of chools

Date:_~'l

Execution Page

II

ATTACHMENT A

2009-2010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT

2009·2010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT

Domain/Performance Goal Criteria Descriptor

I. Increase Student A. Achievement Gap Achievement Demonstrate progress towards eliminating the

achievement gap between student groups as measured by results of statewide TAKS examinations for current and previous year.

Base Indicator(s): • HISD will eliminate the achievement gap

between white and African American students on TAKS all tests taken. The annual target is a three percentage-point decrease.

• HISD will eliminate the achievement gap between white and Hispanic students on TAKS all tests taken. The annual target is a three percentage-point decrease.

• HISD will eliminate the achievement gap between non-economically disadvantaged and economically disadvantaged students. The annual target is a three percentage-point decrease.

Major Components in Success: • Refer to pages _ of Supporting

Documentation

I. Increase Student B. Dropout and Completion Rates Achievement Demonstrate progress toward decreasing the dropout

A-I

Rating

3 2 1

Board Member Comment

3 2 1

Domain/Performance Goal Criteria Descriptor RatinQ Board Member Comment rate and increasing the Completion I rate as measured by the AEIS system.

Base Indicator(s): • HISD will increase the percentage of students

identified as graduating or remaining in school based on a longitudinal four-year cohort for first-time ninth graders. The annual target is a three percentage-point increase for all students and each accountability student group (All, AA, H, W, ED).

Major Components in Success: • Refer to page __ of Supporting

Documentation

I. Increase Student C. Promotion Standards Achievement Increase the percentage of students meeting 3 2 1

promotion standards.

Base Indicator(s): • HISD will show an annual increase in the

percent of its students who meet promotion standards during the regular school year.

• HISD will show an annual increase in the percent of its students who meet promotion standards after summer school.

Target(s): • The percent of students who meet promotion

standards during the regular school year will increase to 90 percent by the end of fall semester 2011 .

• The percent of students who meet promotion

A-2

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

I. Increase Student Achievement


standards after summer school will increase to 98.5 percent by the end of fall semester 2011.

Major Components in Success: • See pages _ of Supporting Documentation

D. Recognized District and Adequate Yearly Progress Demonstrate progress toward becoming a Recognized District as measured by TEA Accountability System Indicators and toward more campuses making adequate yearly progress as measured by No Child Left Behind standards.

3 2 1

Base Indicator(s): • Adequate Yearly Progress (AYP): HISD will

annually demonstrate an increase in the number of schools meeting Adequate Yearly Progress under No Child Left Behind standards.

• Yearly Growth: HISD will demonstrate an increase in the number of campuses reaching Recognized Status or Exemplary Status on the TEA Accountability System and decrease the number of Academically Unacceptable campuses.

Major Components in Success: • See page __ of Supporting Documentation

E. TAKS Commended Students Increase the percent of students scoring at the state- I 3 set commended level on TAKS.

2

Base Indicator(s):

A-3

Domain/Performance Goal Criteria Descriptor Ratina Board Member Comment • HISD will show an annual increase in the

percentage of students scoring at the commended levels on the TAKS across grades by subject. The annual target is a three percentage-point increase in at least three of the subjects.

• HISD will show an annual increase in the total number of campuses with an increased percentage of students reaching the commended level on TAKS, by subject. The annual target is a three percentage-point increase in at least three of the subjects.

Major Components in Success:

• See pages __ of Supporting Documentation

I. Increase Student F. TAKS Scores 3 2 1 Achievement The district shall increase average scale scores for

grades 3-11 on all TAKS subtests.

• HISD will show an annual increase in the average scale scores on the TAKS.

I. Increase Student G. Advanced Placement Achievement Maximize the number of students taking AP exams and 3 2 1

the number of exams taken, and the number of exams scored at 3 or higher.

Base Indicator(s):

• HISD will show an annual increase in the total number of students taking AP courses.

• HISD will show an annual increase in the number of campuses increasing the percent of

A-4

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment students taking AP courses.

• HISD will show an annual increase in the number of students taking the AP examinations for the courses in which they are enrolled.

• HISD will show an annual increase in the number of campuses increasing the percent of students taking the appropriate AP exam.

• HISD will show an annual increase in the percent of students taking AP examinations who score a 3 or higher.

• HISD will show an annual increase in the number of campuses increasing the percent of students scoring a 3 or higher on AP tests taken.

Target(s): • All students taking AP courses will also take

AP exams. • The percent of AP exams scored at 3 or higher

will increase by 2 percentage points annually, reaching 61 percent by 2011.

• The number of AP exams taken will increase by 10 percent annually.

Major Components in Success: • See pages __ of Supporting Documentation


H. College Readiness Increase the number and percentages of HISD I 3 2 1 students who graduate "college ready" as defined by the Texas Higher Education Coordinating Board as indicated on the grade 11 TAKS test.

Base Indicator(s):

A-5


• HISD will show an annual increase in the percentage of graduates who meet or exceed the college-readiness standard in ELA on the TAKS that exceeds the rate of increase for the state.

• HISD will show an annual increase in the percentage of graduates who meet or exceed the college-readiness standard in math on the TAKS that exceed the rate of increase for the state.

• HISD will show an annual increase in the percentage of students who meet or exceed college-readiness in both ELA and math, over the district's percentage from the prior year.

Target(s):

• The percent of students who meet or exceed college-readiness standards in ELA and mathematics on the TAKS will reach 66 percent by 2011.

• Percent of students scoring at or above 45 on each section of the PSAT shall increase by 4 percentage points annually.

• The percent of students scoring at or above 21 on the ACT will reach 40 percent by 2011.

• The percent of students scoring at or above 500 on each section of the SAT will reach 50 percent by 2011.

• The percent of students graduating under the RHSP or higher will reach 95 percent by 2011.

A-6

Domain/Performance Goal



Criteria Descriptor Major Components in Success:

• See pages __of Supporting Documentation

I. Exceed National Averages Students will perform at levels exceeding national averages on a norm-referenced test.

Base Indicator: • HISD will show an increase in the percentage of

non-special education students performing at or above the 50th percentile in each subject area.

Target(s): The percent of non-special education students performing at or above the 50th percentile will reach 66 percent on Stanford and 90 percent on Aprenda for each subject area by 2011.


J. Special Education Students Improve the success of students served by special education programs. The percentage of students served by special education programs shall be consistent with state and national averages.

Base Indicator(s): • HISD will move the percentage of special

education students by race and gender to match the percentage of total students by race and gender.

• HISD will ensure Special Education students are appropriately served.

A-7

Rating Board Member Comment

3 2 1

3 2 1

Domain/Performance Goal



Criteria Descriptor • HISD will not exceed the federal cap on the

number of students counted as proficient on alternative assessments.


K. Dual Credit Increase the number of students taking dual credit courses and receiving college credit. Increase the number of students enrolled in dual credit courses by gender, ethnicity, and economically disadvantaged status; and in the number of dual credit classes offered.

Base Indicator(s):

• HISD will show an increase in the total number of students enrolled in dual credit courses.

• HISD will show an increase in the number of campuses offering dual credit district-wide.

• HISD will show an increase in the total number of students receiving college credit for dual credit courses as reflected under Special Application Code "D" on student transcripts.


L. Value-Added Growth The district will show academic growth for students using the Education Value-Added Assessment System (EVAAS).

Base Indicator(s):

A-8

Rating Board Member Comment

3 2 1

3 2 1

..


• HISD will show value-added growth in estimated NCE gain greater than 1 standard error above the growth standard in all grades on the composite measure across subjects. The target is for a minimum of five grade levels to meet the standard.

• HISD will show a cumulative NCE gain across grades and subjects. The target is an annual 1.5 NCE gain.


II. Provide a Safe Environment I A. Provide a Safe Environment Demonstrate annual progress towards increasing I 3 2 emphasis on providing a safe environment for all who are at district schools and facilities, or attending district-related events.

Base Indicators(s): • Develop a long range plan including details on

implementation of all district-wide safety initiatives and follow-up program review.

• Report data results regarding district's fulfillment of its core value, "Safety Above All Else".

• Report data giving details on violent or criminal disciplinary incidents per campus and districtwide.

Major Components of Success: • See paqes of Supportinq Documentation

A-9

Domain/Performance Goal III. Increase Management

Efficiency

Criteria Descriptor A. Resources Devoted to Instruction Demonstrate progress in the efficient use of taxpayer dollars and increase the monies spent on the teaching and learning process.

Rating

3 2 1


Base Indicator(s): • HISD will show an increase in the percent of

current budgeted school district monies supporting campus-based instructional and student services.

• HISD will meet or exceed state requirements on the percent of operating monies devoted to instruction.


III. Increase Management Efficiency

B. Program and Services Evaluations I 3 Evaluations of all major programs will be conducted, closely reviewed, and reported in accordance with established schedules.

2

Base Indicator(s): • The Administration will provide the required

number of program evaluations each year as defined by the Board Monitoring System.

• Each year, the proposed district budget will reflect increases, decreases, or reallocation of monies arising from program evaluations. These savings and/or reallocations will be highlighted as evidence of program evaluation effectiveness.

• The recommendations from the program evaluations will be reflected in the annual budqet.

A-lO


Major Components in Success: • See pages in Supporting

Documentation

III. Increase Management C. Teacher Quality I 3 2 1 Efficiency Improve overall quality of the teacher workforce

through recruitment, high quality research-based professional development and the articulation of a career path program for the development of teacher leaders.

Base Indicator(s): • HISD will show a decrease in the percent of

classroom vacancies 30 calendar days into the instructional year.

• HISD will show a decrease in the number of teachers assigned to math and science courses outside their areas of certification.

• Each year, HISD will show an increase in teacher attendance rates, relative to the previous year.

• HISD will show an increase in the number of teachers who are in teacher-leader roles as defined by the career path program.

• HISD will demonstrate an increase in the number of teachers qualifying for additional performance pay.


A-ll

Domain/Performance Goal Criteria Descriptor

IV. Improve Public Support and IA. Community Survey Results Confidence in Schools Public confidence and support of schools will

improvement. show I 3

Rating

2 1


Base Indicator: • Each biennium after the initial collection of

benchmark data and reporting of results, HISD will show improvement in the majority of measures tracked in each of the district's five regions.

Major Components in Success: • See page of Supporting

Documentation

IV. Improve Public Support and Confidence in Schools

B. Enrollment Growth Student enrollment and the daily attendance rate for I 3 students will increase.

2 1

Base Indicator: • HISD will increase student enrollment counts

based on fall PEIMS submission (membership). The annual target is a 0.4 percent increase annually, exclusive of boundary changes.

• HISD will increase student attendance (ADA). The annual target is a 0.3 percent increase annually.

Major Components in Success: • See page of Supporting

Documentation

V. Create a Positive District Culture

A. District Survey Results Employee and volunteer improvement.

satisfaction will show I 3 2 1

A-12

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment Base Indicator:

• Each biennium after the initial collection of benchmark data and reporting of results, HISD will show improvement in the majority of measures tracked in each of the district's five regions.


VI. Provide Facilities-to A. Long-Range Facilities Planning Standard Demonstrate annual progress toward reaching district 3 2

Program standards for facilities (central administration, early childhood, elementary, middle, and high school), including square footage per student and costs per square foot.


VII. Maintains Effective A. Communications with Board Relationship with the Increase governance efficiency by maintaining 3 2 1

Board effective lines of communication with board members.

Base Indicator(s): • The Superintendent ensured that timely and I 3 2

accurate information was made available to members of the board about major events and developments within the district.

• The Superintendent ensured that information I 3 2

A-13


VII. Maintains Effective Relationship with the

Board

presented to the board was both timely and relevant, was well-organized and succinct, and where appropriate included input from the board and from the community.

• The Superintendent worked equitably and appropriately with individual members of the board.


B. Representation of the Board and the District Increased board and public confidence in the district by effective representation of board actions and direction.

Base Indicator(s): • The Superintendent represented board action

and district developments to the state and community in a manner that inspired confidence in the district and the board.

• The Superintendent reinforced the adopted priorities of the board in public communications and actions.

Major Components in Success: • See page _ of Supporting Documentation

3 2

3 2 1

3 2 1

3 2

A-14

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ATTACHMENT B

PERFORMANCE COMPENSATION CRITERIA

--

Year 1 for 2009 2010 School Year 2008-09

Performance Compensation Criteria .'

l. Completion I Rate, Class of 2009: HISD will increase the percentage of students identified as graduating or remaining in school based on a longitUdinal four-year cohort for first-time ninth graders. The rate for the Class of 2008 is 80.6 percent for all students. The annual target is a three percentage-point increase for all

«

0 $0

< 3 percentage

points

1

-$2,500 3

percentage points

2

- 3,335 - 3.5

percentage points

3 $ $5,000

4 percentage

points

modeled payout

All: 3.8; AA: 3.3; H: 5.7; W: -1.4; E: 6.4 = $667 +

$667 + $1,000 + $1,000 =

$3,334

students and each accountability student group (All, $5,000.

AA, H, W, ED) . - Maximum payout

2. Commended Performance, 2010 TAKS: HISD will show an annual increase in the percentage of students scoring at the commended levels on the TAKS across grades by subject. The annual target is a three percentage-point increase. Payout is half of

<2 subjects meet or exceed target

3 subjects meet or exceed target



3 subjects met target =

$1,250

category maximum.

HISD will show an annual increase in the total number of campuses with an increased percentage of students reaching the commended level on TAKS, by subject. The annual targetis a three percentage-point increase. Payoutis half of category maximum.

<2 subjects meet or exceed target




3 subjects met target = $1,250

3. 2010 TEA Accountability: $1,000 for every Academically Unacceptable to

6 AU to A -$6,000;

Academically Acceptable or higher campus. $500 for every Academically Acceptable to

47 AA to R/E $23,500;

=

Recognized/Exemplary campus. $250 for every Recognized to Exemplary campus. -$500 for every Academically Unacceptable campus. Maximum payout $ $5,000.

42 R to E = $10,500;

12 AU = -$6,000;

$35,800 capped to $5,000

4. Value-Added Growth, 2010 EVAAS: HISD will show value-added growth estimated NCE gain greater than 1

in standard

<4 grades meet target

- 5 grades meet

target

- 7 grades meet

target

- 8 grades meet

target

6 grades met target; NCE

growth was 3.2

B-1

-'

error above the growth standard in all grades on the composite measure across subjects.

NCE = $5,000

Or if the cumulative NCE gain and subjects is greater than the

Maximum payout Maximum payout

across grades growth standard $5,000.

< than NCE

1.5 1. 5> NCE 2> NCE 3.0> NCE

5. Gap Analysis on 2010 TAKS: HISD will eliminate the achievement gap between white and African American students on TAKS all tests taken. The annual target

<3 percentage

points

3 percentage

points

4 percentage

points

>5 percentage

points

White-African American: 3.3

= $833;

1S a three percentage-point decrease. Payout is one-third of category maximum.

HISD will eliminate the achievement gap between white and Hispanic students on TAKS all tests tdken. The annual target is a three

WhiteHispanic: 2.3

= $0;

percentage point decrease. third of category maximum.

Payout is one

HISD will eliminate the achievement gap between non-economically disadvantaged and economically disadvantaged students. The annual target is a three percentage-point

Non-Econ. Disadv.-Econ. Disadv.: 3.8 =

$833

decrease. maximum.

Payout is one-third of category

6. Enrollment Growth, 2009-2010: HISD will continue to increase student enrollment counts based on fall PEIMS

<.4::' 4 '"• 0 . 5 90 .6'0 I (198,769 to

199,524) 0.4% = $833

submission (membership). The annual target is a 0.4 percent increase, exclusive of boundary changes. Payout is one-half of category maximum. (95.1% to

HISD will increase student attendance (ADA). <.3% - .3'0 - .5% - 190 I 95.1'6 )

0% = $0 The annual target is a 0.3 percent increase. Payout is one-half of category maximum. HISD named as a Recognized District. An $0 extra $5,000 will be added on top of calculated bonus for every year this is achieved.

Total $0 - $15,000 - $20,010 - $30,000 I $18,333

B-2

Year 2 for 2010-2~11 School Year Performance Compensation Criteria 0 1 2 3

$0 - $4,167 - - $6,333.33 $5,558.33

1. Completion I Rate, Class of 2010: If 2009 L% 3% - 3.5% HISD will increase the percentage of students target met: identified as graduating or remaining in school < 2% based on a longitudinal four-year cohort for first-time ninth graders. The annual target will If 2009 - 3% - 3.5% 4 30

be set at two percentage-points annually for all target not students and each student group meeting the met: < 3% previous year's target. The annual target will remain at three percentage points for all students and each student group not meeting the previous year's target. Maximum payout $8,333.33

2. Commended Performance, 2011 TAKS: <2 subjects 3 subjects 4 subjects 5 subjects meet or HISD will show an annual increase in the meet or meet or meet or exceed target percentage of students scoring at the commended exceed exceed exceed levels on the TAKS across grades by subject. The target target target annual target is a three percentage-point increase. Payout is half of category maximum. S subjects meet or

exceed target HISD will show an annual increase in the tocal <2 subjects 3 subjects 4 subjects number of campuses with an increased percentage of meet. or meet or meet or students reaching the commended level on TAKS, by exceed exceed exceed subject. The annual target is a three percentage- target target target point increase. Payout is half of category maximum.

3. 2011 TEA Accountability: $1,000 for every Academically Unacceptable to Academically Acceptable or higher campus. $500 for every Academically Acceptable to Recognized/Exemplary campus. $250 for every Recognized to Exemplary campus. -$500 for every Academically Unacceptable campus. Maximum payout $8,333.33.

4. Value-Added Growth, 2011 EVAAS: <4 grades - S grades - 7 grades - 8 grades meet HISD will show value-added growth in estimated NCE meet target meet meet target gain greater than 1 standard error above the target target growth standard in all grades on the composite 3> NCEs measure across subjects. 1.5> NCEs 2> NCEs Or if the cumulative NeE gain across grades and < than 1.5

B-3

• .. :

~

subjects is greater than the growth standard NCEs

5. Gap Analysis on 2011 TAKS: HISD will eliminate the achievement gap between white and African American students on TAKS all tests taken. The annual target is a three

- 2.5 percentage

points

-2.5 percentage

points

-3 percentage

points

- 3.5 percentage points

percentage-point decrease. Payout is one-third of category maximum.

HISD will eliminate the achievement gap between white and Hispanic students on TAKS all tests taken. The annual target is a three percentage point decrease. Payout is one-third of category maximum.

HISD will eliminate the achievement gap between non-economically disadvantaged and economically disadvantaged students. The annual target is a three percentage point decrease. Payout is onethird of category maximum.

6. Enrollment Growth, HISD will continue

2010-2011 : to increase student enrollment

I <.4% I - .4% I - .5'), I - .6'<,

counts based on fall PEIMS submission (membership) . The annual target is a 0.4 percent increase, exclusive of boundary changes. is one-half of category maximum.

Payout

I

<.3% I - 39• 0 I - 5°,• '0 I -1% HISD will increase student attendance (ADA). The annual target is a 0.3 percent increase. Payout is one-half of category maximum. HISD named as a Recognized District. An extra $5,000 will be added on top of calculated bonus for every year this is achieved.

Total $0 $ $25,000 I $ $33,350 $- $50,000

8-4

Year < for 2011-2012 School Year Performance Compensation Criteria

1. Completion I Rate, Class of LOll: HISD will increase the percentage of students identified as graduating or remaining in school based on a longitudinal four-year cohort for first-time ninth graders. The annual target will be set at two percentage-points annually for all students and each student group meeting the previous year's target. The annual target will remain at three percentage points for all students and each student group not meeting the previous year's target. Maximum payout $13,333.33

2. Commended Performance, 2011 TAKS: HISD will show an annual increase in the percentage of students scoring at the commended levels on the TAKS across grades by subject. The annual target is a three percentage-point increase. Payout is half of category maximum.

HI SO will show an annual increase in the total number of campuses with an increased percentage of students reaching the commended level on TAKS, by subject. The annual target is a three percentagepoint increase. Payout is half of category maximum.

3. 2012 TEA Accountability: $1,000 for every Academically Unacceptable to Academically Acceptable or higher campus. $500 for every Academically Acceptable to Recognized/Exemplary campus. $250 for every Recognized to Exemplary campus. -$500 for every Academically Unacceptable campus. Maximum payout $- $13,333.33. Note: The state is anticipated to refrain from rating schools in 2012 as a new accountability system as mandated from the last legislative session will be rolled out for 2013. Payment of this metric will be a carryover from the previous year (calculated using 2011 ratings).

\

: ~ ,

•

o 1 2 3

$6 $ - $13,333.33

If 2010 $6,666.67

2 ,'o

$8,893.33 2.5 S o - 3 0

0

target met: < 2 90

If 2010 3 Qu - 3.5% - 4.0% target not met: < Y;

<2 subjects 3 subjects 4 subjects I 5 subjects meet or meet or meet or meet or exceed target exceed exceed exceed target target target


<2 subjects 3 subjects 4 subjects meet or meet or meet or exceed exceed exceed target target target

8-5

.. 1.

• 4. Valu--Added Growth, 2012 EVAAS:

HIS, will show value-added growth in estimated NeE .:::4 grades meet target 1 5 <Fades

meet - --, grades \

meet -8 grades meet

target gain greater than 1 standard error above the target target growth standard in all grades on the composite I 3.0> NCEs measure across subjects. Or if the cumulative NCE gain across grades and < than 1.5

, 1.5> NCEs I 2> NCEs

subjects is greater than the growth standard NCEs Maximum payout $13,333.33

5. Gap Analysis on 2012 TAKS: -<2.5 - 2.5 - 3 .::: 3.5percentage HISD will eliminate the achievement gap between percentage percentage percentage points white and African American students on TAKS all points points points tests taken. The annual target is a three percentage-point decrease. Payout is one-third of category maximum.

HISD will eliminate the achievement gap between white and Hispanic students on TAKS all tests taken. The annual target is a three percentage point decrease. Payout is one-third of category maximum.

HISD will eliminate the achievement gap between non-economically disadvantaged and economically disadvantaged students. The annual target is a three percentage point decrease. Payout is onethird of category maximum.

6. Enrollment Growth, 2011-2012: I I -.4% I .5% I .6% HISD \.;i 11 continue to increase student enrollment counts based on fall PEIMS submission (membership) . The annual target is a 0.4 percent increase, exclusive of boundary changes. Payout is one-half of category maximum.

I I 0. .2'0 I - .3% I .5% HISD will increase student attendance (ADA) . The annual target is a 0.2 percent increase. Payout is one-half of category maximum. HISD named as a Recognized District. An extra $5,000 will be added on top of calculated bonus for every year this is achieved.

Total I $0 I $40,000 I $53,360 I $80,000

B-6

employment contract between the board of

Documents