hisd superintendent terry grier's contract dated september 2009

8/6/2019 HISD Superintendent Terry Grier's contract dated September 2009

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EMPLOYMENT CONTRACT

BETWEEN

THE BOARD OF EDUCATION OF THEHOUSTON INDEPENDENT SCHOOL DISTRICT

and

TERRY B. GRIER, Ed.D

Dated as of September 11, 2009


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HOUSTON INDEPENDENT SCHOOL DISTRICTEMPLOYMENT CONTRACT

THE STATE OF TEXAS COUNTY OF HARRIS

This Contract (,'Contract") is by and between the Board of Education ("Board") of theHouston 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, andWHEREAS, 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, theBoard and the Superintendent agree as follows:

1. TERM1.1 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 tenncommencing 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 itwill replace any prior understandings, agreements, or contracts between the parties. BeginningJanuary 1, 20 I0, and for the remainder of this Contract and any extension thereof, each contractyear shall be from January 1 through December 31 (hereinafter referred to as the "ContractYear").

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


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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 theSuperintendent's acceptance of such extension. The Superintendent does not have a property orliberty interest, or any other legally recognized and/or protected interest or expectation, insuch extension by the Board. In the event that the Contract is extended, the Superintendent'scompensation and benefits will be as set forth herein, unless the parties agree to differentcompensation and benefits in the form of a written addendum or new contract, signed by theparties.

2. EMPLOYMENT2.1 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 thejob description and as may be lawfully assigned by the Board, and shall comply with all legalBoard directives, state and federal laws, and lawful District policies, rules, and regulations asthey exist or may hereinafter be adopted or amended, including, but not limited to, the Districtmonitoring system established by the Board. Except as provided in this Contract, theSuperintendent agrees to devote his full time and energy to the performance of these dutiesin a faithful, dil igent, and efficient manner. Specifically, the duties of the Superintendent shallinclude (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 andfor the annual performance appraisal of the District's staff;

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


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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 indicatorsadopted by the Board;

(i) organize the District's central administration staff subject to provisions of Section 2.6herein; 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 theDistrict, including membership fees and dues of the Superintendent in such organizations as hedeems appropriate in the performance of his duties, from funds budgeted for that purpose by theBoard, and the Superintenderit may hold offices or accept responsibilities in theseprofessional and civic organizations, provided that such meetings, offices and/orresponsibilities do not interfere with the perfonnance of his duties as Superintendent.

2.3 Writing, Teaching, and Speaking Activities. The Superintendent shall bepennitted 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 suchactivities do not give rise to a real or potential conflict of interest; and (iii) the Superintendentshall use vacation days or personal leave days when participating in such activities.Notwithstanding the foregoing, Superintendent shall not undertake any paid consultingactivities 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 tothe 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 theSuperintendent's obtaining and providing valid and appropriate certification, or other waiver,


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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 thisContract has delegated to the Superintendent the authority to detennine the terms of employmentof all employees of the District except the Superintendent. Specifically, save and except foremployees that report directly to the Superintendent and any District reorganization that willrequire the Board being infonned prior to any decision or action on the part of the


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agreement of the parties or pursuant to Section 5. Any mutually agreed adjustments, if any, willbe in the form of a written addendum to this Contract or a new contract signed by the parties, andsuch adjustment shall be exclusive of any other benefits unless specifically provided in theaddendum or new contract.

3.3 Business Expenses. The District will payor reimburse the Superintendent forreasonable reimbursable expenses as determined and incurred by the Superintendent in thecontinuing performance of the Superintendent's duties under this Contract, from funds budgetedfor that purpose by the Board. The District agrees to pay the reasonable actual and incidentalcosts 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 theperformance of the business of the District. The District also will reimburse the Superintendentfor the reasonable costs of flowers, plants and/or sympathy baskets made on behalf of the Districtand/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 allpolicies, procedures and documentation requirements in accordance with Board policies andestablished procedures. Annually, the Superintendent's travel and business expenses will besubject to review by the District's independent auditors. In addition, the Superintendent shallsubmit a quarterly report on his business expenses to the Board's Audit Committee.

3.4 Teacher Retirement System of Texas. The District shall supplement theSuperintendent'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 TeacherRetirement System of Texas ("TRS") required for the Superintendent. This additional salarysupplement shall be paid to the Superintendent by regular payroll installments and shall bereported a "creditable c o m p e n s a t i o n ' ~ y the District for purposes of TRS.

3.5 Automobile/Automobile Expense. The District shall pay the Superintendent anamount of One Thousand Two Hundred Dollars ($1,200.00) per month during any year of this


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personal and business purposes. This monthly payment will be annualized and paid to theSuperintendent in each of his bi-weekly paychecks. The Superintendent will have access to astaff member, as reasonably available, to drive his vehicle or a District vehicle when theSuperintendent determines it is necessary to the performance of his duties. In addition, theSuperintendent will have access to a District vehicle whenever he determines it is necessary and/orbeneficial to the performance of his duties. The Superintendent may be reimbursed for travel in hiscar outside of the District at the District's approved reimbursement rate for travel outside of theDistrict. Any tax consequences for the car allowance will be the Superintendent's individualresponsibility.

3.6 Health, Disability, and, Other Insurance. Except as otherwise provided in thisContract, 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 Superintendentfrom plans offered by the District to its employees. Except as otherwise provided herein, theDistrict will provide Superintendent with all other benefits on the same basis as other 12-monthadministrative 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 4.3herein and with the current Superintendent's Performance Appraisal Instrument beingattached as Attachment "A" ("Appraisal Instrument"), the District shall contribute on anannual basis to a Service Purchase Tax Deferred Plan or plans (the "Plan") established forthe benefit of the Superintendent under Section 403(b), Section 457(b), and/or Section401 (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


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appropriate modifications to the "Appraisal Instrument" to be used in appralSlng theSuperintendent during Contract Year One consistent with Sections 4.1, 4.2 and 4.3 herein. Inreviewing the Appraisal Instrument, the Board and the Superintendent will ensure that the criteriadeveloped for the Appraisal Instrument align with the District's Board Monitoring System, are inaccordance with Texas law, and are specific, measurable, attainable, relevant to the Board'smission and vision for the District, and are timely.

The 403(b) and 40l(a) plans shall be established as employer-paid plans with nondiscretionary contributions by the District and the Superintendent shall have no right to receivesuch contributions in cash. The 403(b) plan, 40l(a) plan, and 457(b) plan shall each beestablished under a written plan document that meets the requirements of the Code and suchdocuments 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 underthe Code for the applicable type of plan. The Superintendent shall have sole discretion as towhere the contributions to the Plan are invested, to the extent such investments comply withapplicable State and federal laws. The Superintendent shall not be entitled to receive in cash anyportion of the aforementioned funds that exceed the contribution limit or limits established bylaw. Each such Plan established on behalf of the Superintendant shall provide that contributionsmade to the Plan by the District and all earnings thereon shall be fully vested in theSuperintendent.

Contributions made by the District to the Plan shall first be made to the 403(b) plan. If thecontribution 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 thecontribution to the 457(b) plan then exceeds the contribution limit established by law for suchplan, the remaining contribution by the District shall be made to the 40 lea) plan.

3.8 Information Technology/Communications Allowance. The District shall paythe Superintendent an amount of Four Hundred Dollars ($400.00) per month during any year of


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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 conclusionof any contract year, at Superintendent's discretion, all unused vacation days accumulated by theSuperintendent during his employment by the District will be paid in a lump sum to theSuperintendent or his survivors at the Superintendent's then current daily rate of base pay based ona 254 day work year. The vacation days taken by the Superintendent will be taken at such time ortimes as will least interfere with the performance of the Superintendent's duties as set forth in thisContract, with prior notice to the, Board President prior to taking such leave. The Superintendentshall have the same duty days and shall observe the same legal holidays as those observed byadministrative employees on 12-month contracts.

3.10 Personal and Sick Leave. The Superintendent will have 5 personal leave daysand 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'sdiscretion, all unused sick days accumulated by the Superintendent during his employment bythe District will be paid in a lump sum to the Superintendent or his survivors at theSuperintendent'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 annualphysical examination performed by the Superintendent's primary care physician. The physicianshall submit a confidential statement to the Board President verifYing the Superintendent's fitnessto perform the essential functions of his job, and copies of all such statements shall beconfidential to the extent permitted by law. The District shall pay all reasonable costs of theannual physical examination. The examination shall be performed on or before January 31 ofeach year of this Contract.3.12 Performance Incentives. Upon Superintendent's achievement of theperformance compensation criteria as set forth on Attachment "B", which is attachedhereto and made a part hereof as though fully set forth herein, the Superintendent shall be


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process pursuant to Sections 4.2 and 4.3 herein, the annual performance compensation criteria asset 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 inthis 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 theSuperintendent 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/or6.1 are subject to federal income tax in any year of the Contract, any such tax consequences willbe the Superintendent's individual responsibility.

3.14 Personal Protection. The District shall, at its expense, provide to theSuperintendent such personal protection as the Board may deem necessary. In the event the lifeor safety of the Superintendent or the Superintendent's spouse is threatened or otherwise appearsin danger due to the performance of the Superintendent's professional duties, the District shallpay the reasonable and necessary cost incident for the protection of the Superintendent and theSuperintendent's spouse; provided, however, that such protection shall initially be sought fromthe police department or other appropriate governmental authority having jurisdiction in theDistrict.

4. ANNUAL PERFORMANCE GOALS4.1 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 thecooperation, input and support of the Superintendent, shall develop and submit for the Board'sconsideration 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 criteriaon which the Superintendent's performance will be reviewed and evaluated.

4.2 Review of Performance. The Board shall evaluate and assess the performanceof the Superintendent in writing on or before October 31 of each year of this Contract (beginning


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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 theSuperintendent. In the event the Board deems that the evaluation instrument, format and/orprocedure (including, but not limited to timeline) is to be modified by the Board, theSuperintendent shall be provided a reasonable period of time to demonstrate such expectedperformance before being evaluated.

5. TERMINATION OF EMPLOYMENT CONTRACT5.1 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 mutuallyagreed upon.

5.2 Termination for Cause by the District. Superintendent may be terminated byDistrict for cause as outlined below;

(a) Notwithstanding anything herein to the contrary, the District may, withoutliability, terminate the Superintendent's employment hereunder for cause at any time uponwritten notice from the District specifying such cause, and thereafter the District's obligationsunder this Contract shall immediately cease and terminate. Grounds for termination "for goodcause" include, but are not limited to, one or more of the following:

(1.) Superintendent's failure to follow the lawful directives and/or policies ofthe 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, orcrime involving moral turpitude;

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


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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 providedin Section 5.6.

(c) Upon any termination by District for good cause, and except as otherwiserequired by law, the Superintendent shall have no right to any compensation from Districtincluding, but not limited to, salary, bonuses, incentives, severance, benefits, or othercompensation 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 toin or provided to Superintendent under this Contract for any period subsequent to the date oftermination.

5.3 (a) Termination by the Superintendent. Under this Contract, and in exchangefor the consideration given to Superintendent under this Contract, Superintendent may, uponfifteen (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 materialprolonged 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 Section5.3, Superintendent shall give District ten (10) days, upon written notice, to substantially cureany such alleged good reason prior to the commencement of the fifteen (IS) day notice oftermination period.

(c) Superintendent shall be required to render the services required under thisContract during any notice period required under this Section 5.3 unless otherwise directed by


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(e) Tennination of the Superintendent's employment will not result in awaiver of District's claims, if any, against Superintendent for a breach of this Contract or forother such causes of action that District may have against Superintendent under this Contract oras otherwise provided by applicable law.

5.4 Disability. In the event the Superintendent shall become physically or mentallyunable 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 theSuperintendent's exhaustion of his personal and sick leave days and vacation days providedpursuant to Sections 3.9 and 3.10 herein. Verification of the illness or disability of theSuperintendent shall be required whenever a majority of the Board requests it. Verification shall beby a physician designated by the Board and Superintendent; however, should the Board andSuperintendent be unable to agree, the physician shall be the physician chosen under Section3.11. Should the Superintendent be terminated due to such physical or mental disability, theSuperintendent shall be entitled to one (1) year of his annual base salary set out in Section 3.1and a continuation of the District's payment for the health, major medical and hospitalizationinsurance for the Superintendent, set out in Section 3.6, for a period of one (1) year from thedate of termination. Except for the payments set out in this Section, plus the amounts for vacationleave under Section 3.8, the District shall have no further liability to the Superintendent for anyother compensation or benefits.

5.5 Termination Procedure. In the event that the Board proposes to terminate thisContract for good cause, the Superintendent shall be afforded the rights as set forth in the Board'spolicies and applicable state and federal law.

5.6 Nonrenewal of Contract. Except as otherwise provided herein, nonrenewal of thisContract shall be in accordance with Board policy and applicable law.

5.7 Unilateral Termination. In the event the Board, by an affirmative vote of atleast two-thirds of the full membership of the Board, unilaterally decides to terminate this


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sick leave pursuant to Sections 3.9 and 3.10 herein. Notice of such termination and the procedurefor termination will be in compliance with Section 5.5 herein. It is further understood and agreedthat the payments provided above will be in full satisfaction of the District from all claims underthis Contract. It is agreed that in the event of unilateral termination by the Board, theSuperintendent will have no duty to mitigate damages.

5.8 Professional Liability. The District shall indemnify, defend, and hold theSuperintendent harmless regarding any claims, demands, duties, actions or other legalproceedings against the Superintendent, or damages incurred by the Superintendent, includingcourt costs and attorney's fees, in his individual or official capacity for any act or failure to actinvolving the exercise of judgment and discretion within the normal course and scope of hisduties as Superintendent of the District, to the extent and to the limits permitted by law. Thisparagraph does not apply if the Superintendent is found to have materially breached thisContract, to have acted with gross negligence or with intent to violate a person's clearlyestablished legal rights, or to have engaged in official misconduct or criminal conduct, nor doesit apply to criminal investigations or proceedings. The District may, at its discretion, fulfill itsobligation under this paragraph by purchasing appropriate insurance coverage for the benefit ofthe Superintendent or by including the Superintendent as a covered party under any contractproviding errors and omissions insurance coverage purchased for the protection of the Board andthe professional employees of the District. The Board may retain attorneys to represent theSuperintendent 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 ofinsurance. No individual member of the Board shall be personally liable for indemnifying anddefending the Superintendent under this paragraph. The District's obligation under thisparagraph shall continue for a period of no more than four (4) years after the termination ofthis Contract for qualifying acts or failures to act occurring during the term of this Contract orany extension thereof.


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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 theSuperintendent 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 theSuperintendent's furniture and automobiles from California to Texas, lease cancellation fees,temporary housing and other relocation expenses related to the Superintendent's move of hisfamily from California to Texas. The moving-relocation expense of Twenty-Five ThousandDollars ($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 suchpayment as directed by the Superintendent in order to minimize the federal taxes on suchpayment, to the extent such instructions comply with all State and federal laws.

7. MISCELLANEOUS PROVISIONS7.1 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 inHarris 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 forany purpose to be a waiver of the right of any party hereto to enforce strict compliance with theprovisions hereof in any subsequent instance.7.4 Severability. Each of the covenants and provisions contained in this Contractshall be enforceable independently of every other covenant and provision in this Contract andwhether or not Superintendent has any claim or cause of action against the District based on this


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ofwhich 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 notoperate 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 ofthe rights under this Contract. No forbearance by either party to exercise any rights or privilegesunder this Contract shall be construed as a waiver, but all rights and privileges shall continue ineffect as if no forbearance had occurred. No covenant or condition of this Contract may bewaived except by the written consent of the waiving party. Any such written waiver of any termof this Contract shall be effective only in the specific instance and for the specific purpose given.

7.7 Partial Invalidity. If any provision in this Contract is held by a court of competentjurisdiction to be invalid, void, or unenforceable, the remaining provisions and otherwise validand enforceable clauses of this Contract shall remain in full force and effect as if this Contracthad been executed without any such invalid provisions having been included.

7.8 Section Headings. Any section headings contained in this Contract are forconvenience 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 anystatements or representations made by any of the other parties hereto or by any person or entityrepresenting any of the other parties hereto.

7.10 Terms Contractual. This Contract contains the entire agreement between theparties hereto. The terms of this Contract are contractual and are not mere recitals. ThisContract cannot be modified or amended except by a written amendment signed by all Parties tothis Contract.

7.11 Legal Consideration. The parties hereto stipulate and acknowledge that adequatelegal consideration exists to support all such parties' execution and delivery of this Contract andthe transactions, covenants, and agreements contemplated hereby.

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


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the obligations of any party hereunder, such additional instruments will be promptly executedand delivered upon the request of any such party.

7.13 Copy Effective. A copy of this Contract fully executed shall be as effective, forall purposes, as a signed original.

7.14 Notices. Any notice, request, instruction, correspondence or other document to begiven hereunder by either party to the other (herein collectively called "Notice") shall be inwriting and delivered in person or by courier service requiring acknowledgment of receipt ofdelivery or mailed by certified mail, postage prepaid and return receipt requested, or bytelecopier, as follows:

(a) if to District to:Houston Independent School DistrictBoard ServicesHattie Mae White Educational Center4400 W. 18 th StreetHouston, Texas 77092Attn: President, Board of Educationwith copy to:Greenberg Traurig, LLP1000 Louisiana St., Suite 1700Houston, Texas 77002Attn: Franklin Jones, Shareholder

(b) if to Superintendent, to:Dr. Terry B. Grier1199 Pacific Highway, #1501San Diego, California 92101with copy to:Adams, Lynch & Loftin, P.e.3950 Highway 360


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of the recipient's next business day after receipt if not received during the recipient's normalbusiness hours. Any party hereto may change any address to which Notice is to be given to it bygiving Notice as provided above of such change of address.EXECUTED to be effective as the date first written above.

{Execution Page Follows}


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HOUSTON INDEPENDENT SCHOOL DISTRICTAGREED AND APPROVED: B Y rence Marshall

President, Board of EducationDate: Date: q t 1 () 0 1-"--I-----'----=----I---"=----'------ A

By: (y /-- / AJd t : ~ Terry B. Gri / a.D.Superintendent of chools

D a t e : _ ~ ' l


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II

ATTACHMENT A

2009-2010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT


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20092010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT

Domain/Performance Goal Criteria DescriptorI. Increase Student A. Achievement GapAchievement Demonstrate progress towards eliminating theachievement gap between student groups asmeasured by results of statewide TAKS examinationsfor current and previous year.

Base Indicator(s): HISD will eliminate the achievement gapbetween white and African American studentson TAKS all tests taken. The annual target isa three percentage-point decrease. HISD will eliminate the achievement gapbetween white and Hispanic students on TAKSall tests taken. The annual target is a threepercentage-point decrease. HISD will eliminate the achievement gapbetween non-economically disadvantaged andeconomically disadvantaged students. Theannual target is a three percentage-pointdecrease.

Major Components in Success: Refer to pages _ of SupportingDocumentation

I. Increase Student B. Dropout and Completion RatesAchievement Demonstrate progress toward decreasing the dropoutA-I

Rating

3 2 1

Board Member Comment

3 2 1


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Domain/Performance Goal Criteria Descriptor RatinQ Board Member Commentrate and increasing the Completion I rate as measuredby the AEIS system.Base Indicator(s): HISD will increase the percentage of studentsidentified as graduating or remaining in schoolbased on a longitudinal four-year cohort forfirst-time ninth graders. The annual target is athree percentage-point increase for all studentsand each accountability student group (All, AA,

H, W, ED).

Major Components in Success: Refer to page__ of SupportingDocumentationI. Increase Student C. Promotion StandardsAchievement Increase the percentage of students meeting 3 2 1promotion standards.

Base Indicator(s): HISD will show an annual increase in thepercent of its students who meet promotionstandards during the regular school year. HISD will show an annual increase in thepercent of its students who meet promotion

standards after summer school.Target(s): The percent of students who meet promotionstandards during the regular school year willincrease to 90 percent by the end of fallsemester 2011 .

The percent of students who meet promotionA-2


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Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

I. Increase StudentAchievement


standards after summer school will increase to98.5 percent by the end of fall semester 2011.

Major Components in Success: See pages _ of Supporting Documentation

D. Recognized District and Adequate YearlyProgressDemonstrate progress toward becoming a RecognizedDistrict as measured by TEA Accountability SystemIndicators and toward more campuses makingadequate yearly progress as measured by No ChildLeft Behind standards.

3 2 1

Base Indicator(s): Adequate Yearly Progress (AYP): HISD willannually demonstrate an increase in thenumber of schools meeting Adequate YearlyProgress under No Child Left Behind standards.

Year ly Growth: HISD will demonstrate anincrease in the number of campuses reachingRecognized Status or Exemplary Status on theTEA Accountability System and decrease thenumber of Academically Unacceptablecampuses.Major Components in Success:

See page__ of Supporting DocumentationE. TAKS Commended StudentsIncrease the percent of students scoring at the state- I 3set commended level on TAKS. 2Base Indicator(s):

A-3


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Domain/Performance Goal Criteria Descriptor Ratina Board Member Comment HISD will show an annual increase in thepercentage of students scoring at thecommended levels on the TAKS across gradesby subject. The annual target is a threepercentage-point increase in at least three ofthe subjects. HISD will show an annual increase in the totalnumber of campuses with an increasedpercentage of students reaching thecommended level on TAKS, by subject. Theannual target is a three percentage-pointincrease in at least three of the subjects.

Major Components in Success: See pages__ of Supporting DocumentationI. Increase Student F. TAKS Scores 3 2 1Achievement The district shall increase average scale scores for

grades3-11 on all TAKS subtests. HISD will show an annual increase in theaverage scale scores on the TAKS.

I. Increase Student G. Advanced PlacementAchievement Maximize the number of students taking AP exams and 3 2 1the number of exams taken, and the number of examsscored at 3 or higher.Base Indicator(s): HISD will show an annual increase in the totalnumber of students taking AP courses.

HISD will show an annual increase in thenumber of campuses increasing the percent ofA-4


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Domain/Performance Goal Criteria Descriptor Rating Board Member Commentstudents taking AP courses. HISD will show an annual increase in thenumber of students taking the AP examinationsfor the courses in which they are enrolled. HISD will show an annual increase in thenumber of campuses increasing the percent ofstudents taking the appropriate AP exam. HISD will show an annual increase in thepercent of students taking AP examinationswho score a 3 or higher. HISD will show an annual increase in thenumber of campuses increasing the percent ofstudents scoring a 3 or higher on AP teststaken.

Target(s): All students taking AP courses will also takeAP exams. The percent of AP exams scored at 3 or higherwill increase by 2 percentage points annually,reaching 61 percent by 2011. The number of AP exams taken will increaseby 10 percent annually.Major Components in Success: See pages__ of Supporting Documentation


H. College ReadinessIncrease the number and percentages of HISD I 3 2 1students who graduate "college ready" as defined bythe Texas Higher Education Coordinating Board asindicated on the grade 11 TAKS test.Base Indicator(s):

A-5


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Domain/Performance Goal Criteria Descriptor Rating Board Member Comment HISD will show an annual increase in thepercentage of graduates who meet or exceedthe college-readiness standard in ELA on theTAKS that exceeds the rate of increase for thestate. HISD will show an annual increase in thepercentage of graduates who meet or exceedthe college-readiness standard in math on theTAKS that exceed the rate of increase for the

state. HISD will show an annual increase in thepercentage of students who meet or exceedcollege-readiness in both ELA and math, overthe district's percentage from the prior year.

Target(s): The percent of students who meet or exceedcollege-readiness standards in ELA andmathematics on the TAKS will reach 66percent by 2011. Percent of students scoring at or above 45 oneach section of the PSAT shall increase by 4percentage points annually. The percent of students scoring at or above 21on the ACT will reach 40 percent by 2011. The percent of students scoring at or above500 on each section of the SAT will reach 50percent by 2011. The percent of students graduating under the

RHSP or higher will reach 95 percent by 2011.

A-6


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Domain/Performance Goal



Criteria DescriptorMajor Components in Success: See pages__ of Supporting Documentation

I. Exceed National AveragesStudents will perform at levels exceeding nationalaverages on a norm-referenced test.Base Indicator:

HISD will show an increase in the percentage ofnon-special education students performing at orabove the 50th percentile in each subject area.

Target(s):The percent of non-special education studentsperforming at or above the 50th percentile will reach 66percent on Stanford and 90 percent on Aprenda foreach subject area by 2011.Major Components in Success: See page__ of Supporting DocumentationJ. Special Education StudentsImprove the success of students served by specialeducation programs. The percentage of studentsserved by special education programs shall beconsistent with state and national averages.

Base Indicator(s): HISD will move the percentage of specialeducation students by race and gender tomatch the percentage of total students by raceand gender. HISD will ensure Special Education studentsare appropriately served.

A-7

Rating Board Member Comment

3 2 1

3 2 1


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Domain/Performance Goal



Criteria Descriptor HISD will not exceed the federal cap on the

number of students counted as proficient onalternative assessments.Major Components in Success: See page__ of Supporting DocumentationK. Dual CreditIncrease the number of students taking dual creditcourses and receiving college credit. Increase thenumber of students enrolled in dual credit courses bygender, ethnicity, and economically disadvantagedstatus; and in the number of dual credit classesoffered.Base Indicator(s):

HISD will show an increase in the total numberof students enrolled in dual credit courses. HISD will show an increase in the number ofcampuses offering dual credit district-wide. HISD will show an increase in the total numberof students receiving college credit for dualcredit courses as reflected under SpecialApplication Code "D" on student transcripts.

Major Components in Success: See page__ of Supporting Documentation

L. Value-Added GrowthThe district will show academic growth for studentsusing the Education Value-Added Assessment System(EVAAS).Base Indicator(s):

A-8

Rating Board Member Comment

3 2 1

3 2 1


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..

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment HISD will show value-added growth inestimated NCE gain greater than 1 standarderror above the growth standard in all grades

on the composite measure across subjects. Thetarget is for a minimum of five grade levels tomeet the standard. HISD will show a cumulative NCE gain acrossgrades and subjects. The target is an annual1.5 NCE gain.

Major Components in Success: See page __ of Supporting DocumentationII. Provide a Safe Environment I A. Provide a Safe EnvironmentDemonstrate annual progress towards increasing I 3 2emphasis on providing a safe environment for all whoare at district schools and facilities, or attendingdistrict-related events.

Base Indicators(s): Develop a long range plan including details onimplementation of all district-wide safetyinitiatives and follow-up program review. Report data results regarding district'sfulfillment of its core value, "Safety Above AllElse". Report data giving details on violent or criminaldisciplinary incidents per campus and districtwide.

Major Components of Success: See paqes of Supportinq Documentation

A-9


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Domain/Performance GoalIII. Increase ManagementEfficiency

Criteria DescriptorA. Resources Devoted to InstructionDemonstrate progress in the efficient use of taxpayerdollars and increase the monies spent on the teachingand learning process.

Rating3 2 1


Base Indicator(s): HISD will show an increase in the percent ofcurrent budgeted school district moniessupporting campus-based instructional andstudent services. HISD will meet or exceed state requirements onthe percent of operating monies devoted toinstruction.

Major Components in Success: See pages__ of Supporting DocumentationIII. Increase ManagementEfficiency B. Program and Services Evaluations I 3Evaluations of all major programs will be conducted,closely reviewed, and reported in accordance withestablished schedules.

2

Base Indicator(s): The Administration will provide the requirednumber of program evaluations each year asdefined by the Board Monitoring System. Each year, the proposed district budget will

reflect increases, decreases, or reallocation ofmonies arising from program evaluations.These savings and/or reallocations will behighlighted as evidence of program evaluationeffectiveness. The recommendations from the programevaluations will be reflected in the annualbudqet.

A-lO


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Domain/Performance Goal Criteria Descriptor Rating Board Member CommentMajor Components in Success: See pages in SupportingDocumentation

III. Increase Management C. Teacher Quality I 3 2 1Efficiency Improve overall quality of the teacher workforcethrough recruitment, high quality research-basedprofessional development and the articulation of acareer path program for the development of teacherleaders.Base Indicator(s): HISD will show a decrease in the percent ofclassroom vacancies 30 calendar days into theinstructional year.

HISD will show a decrease in the number ofteachers assigned to math and science coursesoutside their areas of certification. Each year, HISD will show an increase inteacher attendance rates, relative to theprevious year. HISD will show an increase in the number ofteachers who are in teacher-leader roles asdefined by the career path program. HISD will demonstrate an increase in thenumber of teachers qualifying for additionalperformance pay.

Major Components in Success: See pages__ of Supporting DocumentationA-ll


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Domain/Performance Goal Criteria DescriptorIV. Improve Public Support and IA. Community Survey ResultsConfidence in Schools Public confidence and support of schools willimprovement. show I 3

Rating2 1


Base Indicator: Each biennium after the initial collection ofbenchmark data and reporting of results, HISDwill show improvement in the majority ofmeasures tracked in each of the district's fiveregions.Major Components in Success: See page of SupportingDocumentation

IV. Improve Public Support andConfidence in Schools B. Enrollment GrowthStudent enrollment and the daily attendance rate for I 3students will increase. 2 1

Base Indicator: HISD will increase student enrollment countsbased on fall PEIMS submission (membership).The annual target is a 0.4 percent increaseannually, exclusive of boundary changes. HISD will increase student attendance (ADA).The annual target is a 0.3 percent increaseannually.Major Components in Success: See page of SupportingDocumentation

V. Create a Positive DistrictCulture

A. District Survey ResultsEmployee and volunteerimprovement. satisfaction will show I 3 2 1

A-12


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Domain/Performance Goal Criteria Descriptor Rating Board Member CommentBase Indicator: Each biennium after the initial collection ofbenchmark data and reporting of results, HISDwill show improvement in the majority ofmeasures tracked in each of the district's fiveregions.

Major Components in Success: See pages__ of Supporting Documentation

VI. Provide Facilities-to A. Long-Range Facilities PlanningStandard Demonstrate annual progress toward reaching district 3 2Program standards for facilities (central administration, earlychildhood, elementary, middle, and high school),including square footage per student and costs persquare foot.

Major Components in Success: See pages__ of Supporting DocumentationVII. Maintains Effective A. Communications with BoardRelationship with the Increase governance efficiency by maintaining 3 2 1Board effective lines of communication with board members.

Base Indicator(s): The Superintendent ensured that timely and I 3 2accurate information was made available tomembers of the board about major events anddevelopments within the district. The Superintendent ensured that information I 3 2

A-13


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Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

VII. Maintains EffectiveRelationship with theBoard

presented to the board was both timely andrelevant, was well-organized and succinct, andwhere appropriate included input from theboard and from the community.

The Superintendent worked equitably andappropriately with individual members of theboard.Major Components in Success: See page__ of Supporting Documentation

B. Representation of the Board and the DistrictIncreased board and public confidence in the district byeffective representation of board actions and direction.Base Indicator(s):

The Superintendent represented board actionand district developments to the state andcommunity in a manner that inspiredconfidence in the district and the board. The Superintendent reinforced the adoptedpriorities of the board in public communicationsand 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

--


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Year 1 for 2009 2010 School Year 2008-09Performance Compensation Criteria

.'l. Completion I Rate, Class o f 2009:HISD wi l l increase the percentage of s tudentsi d e n t i f i e d as graduat ing or remaining inschoo l based on a longi tUdinal four-yearcohor t fo r f i r s t - t ime n in th g raders . Ther a t e fo r th e Class of 2008 i s 80.6 percen tfo r a l l s tudent s . Th e annual t a rge t i s at h r ee percen tage-po in t increase for a l l

0$0

< 3percentagepo in ts

1- $2 , 500

3percentagepo in ts

2- 3,335- 3.5percentage

po in ts

3$ $5,000

4percentagepo in ts

modeledpayoutAll : 3.8 ; AA:3 .3 ; H: 5.7;W: -1 .4 ; E:6.4 = $667 +$667 + $1,000+ $1,000 =$3,334

s tudent s and each accountabi l i ty s tuden tgroup (Al l ,$5 ,000.

AA, H, W, ED) . - Maximum payout2. Commended Performance, 2010 TAKS:HISD wi l l show an annual increase in thepercen tage of s tudents scor ing a t thecommended l eve l s on the TAKS across grades bysub je c t . Th e annual t a rge t is a th reep e rcen t ag e -p o in t i n c rea s e . Payout i s ha l f of


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e r r o r above the growth standard in a l l gradeson the composite measure across s u b j ec t s . NCE = $5,000

Or i f the cumula t ive NCE gainand sub j ec t s i s grea t e r than theMaximum payout Maximum payout

ac ross gradesgrowth s t anda rd$5,000.

< thanNCE

1 .51 . 5> NCE 2> NCE 3.0> NCE

5. Gap Analys i s on 2010 TAKS:HISD w i l l e l imina te the achievement gapbetween white and African American s tuden tson TAKS a l l t e s t s taken. The annual t a rge t

5

percentagep o in t s

White-Afr icanAmerican: 3 .3

= $833;1S a t h r ee percen tage -po in t decrease . Payouti s one - t h i rd of category maximum.HISD w i l l e l imina te the achievement gapbetween white and Hispanic s tuden t s on TAKSa l l t e s t s tdken. Th e annual t a rge t i s a th ree

WhiteHispanic : 2.3= $0;

percen tage po in t decrease .t h i r d of ca tegory maximum. Payout is one

HISD w i l l e l imina te the achievement gapbetween non-economical ly disadvantaged andeconomical ly disadvantaged s tuden ts . Theannual t a r g e t i s a th ree percen tage -po in t

Non-Econ.Disadv. -Econ.Disadv. : 3 .8 =$833decrease .maximum.

Payout i s one- th i rd of category6. Enrol lment Growth, 2009-2010:

HISD w i l l cont inue to inc rease s tuden tenro l lment counts based on f a l l PEIMS


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Year 2 for 2 0 1 0 - 2 ~ 1 1 School YearPerformance Compensation Criteria 0 1 2 3

$0 - $4,167 - - $6,333 .33$5,558.331. Completion I Rate, Class of 2010: If 2009 L% 3% - 3.5%HISD w i l l inc rease the percentage of s tudents t a r g e t met:i d en t i f i ed as graduat ing or remaining in school < 2%

based on a longi tudina l four -year cohor t fo rf i r s t - t ime ninth graders . Th e annual t a rge t wi l l If 2009 - 3% - 3.5% 4 30be s e t a t tw o percentage-poin t s annua l ly for a l l t a rge t nots tude n t s and each s tudent group meeting the met: < 3%previous year ' s t a rg e t . Th e annual t a rge t wi l lremain a t th ree percentage point s fo r a l l s tudentsand each s t ude n t group not meeting th e previousy e a r ' s t a r g e t . Maximum payout $8,333.332. Commended Performance, 2011 TAKS: NCEsOr if the cumula t ive NeE gain across grades and < than 1.5

B-3

..:


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s u b j ec t s i s g r e a t e r than the growth s t anda rd NCEs

5. Gap Analys i s on 2011 TAKS:HISD wi l l e l imina te the achievement gap betweenwhi te and Afr ican American s tuden t s on TAKS a l lt e s t s t aken . The annual t a rg e t i s a t h r e e

- 2 .5percen tage

p o i n t s-2 .5

percen tagepoin t s

-3percen tage

p o in t s- 3 .5 percen tage

poin t s

p e r c e n t a g e - p o i n t decrease . Payout i s one- th i rd o fca tegory maximum.HISD wi l l e l imina te the achievement gap betweenwhi te and Hispanic s tuden t s on TAKS a l l t e s t st aken . The annual t a rge t i s a t h r e e percen tagep o in t dec rease . Payout i s o n e - th i rd of ca tegorymaximum.HISD wi l l e l imina te th e achievement gap betweenn o n -eco n o mica l ly d i sad v an tag ed and economical lyd i s a d v a n t a g e d s t u d e n t s . The annual t a rge t i s at h ree p e r c e n t a g e poin t decrease . Payout i s onet h i r d o f c a t e g o r y maximum.

6 . En ro l lmen t Growth,HISD wi l l cont inue 2010-2011 :to inc rease s t u d e n t enro l lment I


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Year < for 2011-2012 School YearPerformance Compensation Criteria

1. Completion I Rate, Class of LOll:HISD will increase the percentage of s tudentsi den t i f i ed as graduat ing or remaining in schoolbased on a longi tudina l four-year cohor t forf i r s t - t ime ninth graders . The annual t a rg e t wil lbe se t a t two percentage-poin t s annual ly for a l ls tude n t s an d each s tudent group meeting theprevious y ea r ' s t a rg e t . The annual ta rge t wi l lremain a t th ree percentage poin ts fo r a l l s tudentsand each s tudent group not meeting the previousy ea r ' s t a rg e t . Maximum payout $13,333.33

2. Commended Performance, 2011 TAKS:HISD wi l l show an annual increase in thepercentage of s tudents scor ing a t the commendedl eve l s on the TAKS across grades by sub je c t . Th eannual t a rg e t is a th ree percentage-poin ti nc reas e . Payout i s ha l f of category maximum.HI SO wi l l show an annual inc rease in the t o t a lnumber of campuses with an inc reased percentage ofs tude n t s reaching the commended leve l on TAKS, bys ub j ec t . The annual t a rg e t is a three percentagepo i n t inc rease . Payout i s ha l f of categorymaximum.

3. 2012 TEA Accountabi l i ty :$1,000 fo r every Academically Unacceptable toAcademical ly Acceptable or higher campus. $500fo r every Academically Acceptable toRecognized/Exemplary campus. $250 fo r everyRecognized to Exemplary campus. -$500 for everyAcademical ly Unacceptable campus. Maximum payout$- $13,333.33.Note: Th e s t a t e i s an t ic ipa ted to re f ra in fromr a t i ng schools in 2012 as a new accountabi l i tysystem as mandated from the l a s t l eg i s l a t i vesess ion wi l l be ro l led out for 2013. Payment oft h i s metr ic wi l l be a carryover from the previousyear (ca lcu la ted using 2011 r a t in g s ) .

o 1 2 3$6 $ - $13,333.33

If 2010 $6,666 .672 ,'o $8,893.332.5 So - 3 00t a rge t met:< 2 90If 2010 3 Qu - 3.5% - 4.0%t a rge t notmet: < Y;


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4. Valu--Added Growth, 2012 EVAAS:HIS, wi l l show value-added growth in es t ima ted NeE .:::4 gradesmeet t a rge t 1- 5 NCEsmeasure across subjec t s .Or if th e cumula t ive NCE gain across grades and < than 1 .5 , 1.5> NCEs I 2> NCEssub j ec t s i s grea t e r than the growth s tandard NCEsMaximum payout $13,333.33

5. Gap Analys i s on 2012 TAKS: -

hisd superintendent terry grier's contract dated september 2009

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