302. EMPLOYMENT OF SUPERINTENDENT/
ASSISTANT SUPERINTENDENT - Pg.
302. EMPLOYMENT OF SUPERINTENDENT/
The Board places the primary responsibility and authority for the administration of the district in the Superintendent and Assistant Superintendent. Therefore, selection of a Superintendent or Assistant Superintendent is critical to the effective leadership and management of the district.
SC 508, 1071, 1073
During the last year of the Superintendent’s term or any other time the position of Superintendent becomes vacant, the Board shall meet to appoint, by a majority vote of all members of the Board, a properly qualified district Superintendent. The appointed Superintendent shall enter into a written contract with the Board for a term of three (3) to five (5) years.
SC 508, 1071,
An Assistant Superintendent shall be appointed by a majority vote of all members of the Board upon nomination of the Superintendent. An Assistant Superintendent may serve through the term of the Superintendent or enter into a contract for a term of three (3) to five (5) years.
SC 1073, 1077
At a regular Board meeting occurring at least 150 days prior to the expiration date of the Superintendent’s or an Assistant Superintendent’s term of office, the Board meeting agenda shall include an item requiring affirmative action by five (5) or more Board members to notify the Superintendent or Assistant Superintendent that the Board intends to retain him/her for a further term of three (3) to five (5) years or that other candidates will be considered for the office. If the Board fails to take such action, the current Superintendent or Assistant Superintendent shall continue in office for a term similar in length to that which s/he is currently serving.
Whenever the Board finds it impossible or impractical to immediately fill a vacancy in the office of Superintendent or Assistant Superintendent, the Board may appoint an acting Superintendent or Assistant Superintendent to serve not longer than one (1) year from the time of appointment.
Recruitment and Assessment of Candidates
The Board shall actively seek candidates who meet the qualifications and requirements for the position of Superintendent and/or Assistant Superintendent. It may be aided in this task by a committee of Board members and/or the services of professional consultants.
When undertaking a search to fill the position of Superintendent or Assistant Superintendent, recruitment procedures shall be prepared and may include the following:
SC 1002, 1003,
Sec. 49.41, 49.42
Recruitment, screening and evaluation of candidates shall be conducted in accordance with Board policy, Board established leadership criteria and state and federal law.
The Board shall determine, prior to interviewing finalists, which expenses associated with such interviews will be borne by the school district.
A candidate’s misstatement of fact material to qualifications for employment or determination of salary shall constitute grounds for dismissal by the Board.
The district shall conduct an employment history review in compliance with state law prior to issuing an offer of employment to a candidate. Failure to accurately report required information shall subject the candidate to discipline up to, and including, denial of employment or termination if already hired, and may subject the candidate to civil and criminal penalties. The district may use the information for the purpose of evaluating an applicant’s fitness to be hired or for continued employment and may report the information as permitted by law.
23 Pa. C.S.A. Sec. 6344
A candidate shall not be employed until the individual has complied with the mandatory background check requirements for criminal history and child abuse and the district has evaluated the results of that screening process.
SC 111, 111.1
Each candidate shall report, on the designated form, all arrests and convictions as specified on the form. Candidates shall likewise report arrests and/or convictions that occur subsequent to initially submitting the form. Failure to accurately report such arrests and convictions may subject the individual to denial of employment, termination if already hired, and/or criminal prosecution.
Before entering the duties of the office, the Superintendent or Assistant Superintendent shall take and subscribe to the oath of office prescribed by law.
After receiving a conditional offer of employment but prior to beginning employment, the candidate shall undergo medical examinations, as required by law and as the Board may require, at the candidate’s expense.
An individual shall not be employed as Superintendent or Assistant Superintendent unless s/he has signed an employment contract expressly stating the terms and conditions of employment. The written contract shall:
SC 1073.1, 1081,
Pol. 003, 312
Assistant Superintendent and the Board with respect to the terms and
conditions of employment.
responsibilities, job description and performance expectations, including
performance standards and assessments as required by law.
SC 1075, 1077
SC 1007, 1008
SC 508, 1080
2 Pa. C.S.A.
Sec. 551 et seq.
to or on behalf of the Superintendent or Assistant Superintendent.
immediately, except as otherwise provided by law, upon the expiration of
the term unless the contract is allowed to renew automatically as required
postemployment compensation and the period of time in which the
compensation shall be provided. Termination, buyout and severance
provisions may not be modified during the course of the contract or in the
event a contract is terminated prematurely.
Superintendents and/or Assistant Superintendents who have no prior
experience as a district superintendent or assistant superintendent to the
maximum compensation for unused sick leave under the school district’s
administrative compensation plan in effect at the time of the contract.
thirty (3) days for Superintendents and/or Assistant Superintendents who
have no prior experience as a district superintendent or assistant
shall be provided.
A Superintendent or Assistant Superintendent may be removed from office and have their contracts terminated, after a hearing, by a majority vote of all members of the Board and in accordance with law. The Board shall publicly disclose, at the next regularly scheduled meeting, the removal from office of a Superintendent or Assistant Superintendent.
Any negotiated severance of employment prior to the end of the term of the Superintendent’s or Assistant Superintendent’s specified contract term shall be limited to either:
contract, if the severance agreement takes effect two (20 or more years
prior to the end of the contract term; or
under the contract for the remainder of the term, if the severance agreement
takes effect less than two (2) years prior to the end of the contract term.
School Code – 24 P.S. Sec. 108, 111, 111.1, 508, 1001, 1002, 1003, 1004, 1007, 1008, 1071, 1073, 1073.1, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1418
State Board of Education Regulations – 22 PA Code Sec. 8.1 et seq., 49.41, 49.42, 49.171, 49.172
State Department of Health Regulations – 28 PA Code Sec. 23.43, 23.44, 23.45
Local Agency Law – 2 Pa. C.S.A. Sec. 551 et seq.
Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq.
Criminal History Record Information Act – 18 Pa. C.S.A. Sec. 9125
Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq.
Board Policy – 003, 104, 312, 314