Common use of Compensation Increases Clause in Contracts

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1) describe a managerial position that involves direction of school districts;(2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 and 24. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents serving multiple one year contracts may still accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1) describe a managerial position that involves direction of school districts;(2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 and 24. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents serving multiple one year contracts may still accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ :xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance prohibitionfor anyseverance if the Superintendent is fired for misconduct by misconductby the Board. See the Severance Pay SeverancePay row under the Changes to the Superintendent’s Employment Contract subhead Contractsubhead below for a definition of what misconduct means in the context of foradefinitionofwhatmisconductmeansin thecontextof this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRScontributions(TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and Inclusionofsalaryand othercompensationin thepaymentof TRSand THIS? Or, will TRS and THIS be THISbe in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to DoestheBoardwanttorequirethesuccessfulsuperintendentcandidateto guarantee that as the future Superintendent of thatas thefuture Superintendentof the District, he or heor she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 21.9,amendedbyP.A.s 101-531 and 101-643. See also Seealso PRESS sample policy 5:30, Hiring Process and Criteria, and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended 21.9,amended by P.A.s 101-531 and 101-643, and discussed above? If yesIfyes, consult the consultthe Board Attorney and Attorneyand consider the following thefollowing laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering tocomplywithcertainproceduralnoticerequirementswhengathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Ill.Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicantemployersfrominquiring aboutanapplicant’s criminal history until the criminalhistoryuntilthe application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWAlaw), prohibits . 820 ILCS55/,Ill.Rightto PrivacyintheWorkplace Act(RPWA),prohibits employers from: 1. Requesting, ,coercing, or requiring any employee orrequiring anyemployee or prospective employee to provide a user name and usernameand password for any personal online anypersonalonline account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based refusalto hire)based on that individualthatindividual’s use of a lawful product off District property during nonworking hours, useofalawfulproductoff Districtpropertyduring nonworkinghours,i.e., tobacco, cannabis, or alcohol. (Notealcohol.(Note: RPWA allows employers to employersto regulate employees’ use of useof those lawful products lawfulproducts that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; EWorkplace;E-Cigarette, ,Tobacco, ,and Cannabis Prohibition, CannabisProhibition,and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless basedsuchhistoryunlessa satisfactorycredit historyis a satisfactory credit history is a bona fide occupational requirement, which is further defined bonafide occupationalrequirement,whichis furtherdefined in the statute. The job thestatute.Thejob descriptions of superintendents generally meet ofsuperintendents generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of managerialposition thatinvolvesdirectionof school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. .Note: Any one Anyone of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplacethreattothehealthor safetyofothersin theworkplace, provided that a thata reasonable accommodation would not accommodationwouldnot either eliminate the risk therisk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30Seealso PRESSsamplepolicy5:30, Hiring Process and CriteriaHiringProcessandCriteria, specifically f/ns 23 and 24. Tenure Suspension of Tenure With multiofTenure Withmulti-year contracts and multi-year extensionsyearextensions, superintendents waive their rights to tenure in a school districttheirrights totenureina schooldistrict, but no previously acquired tenure may butnopreviouslyacquired tenuremay be lost.. Continued Tenure Superintendents serving multiple one year contracts may still accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row Durationof Contractrow in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance studentperformance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the asthe Board may determine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of the employment bodyoftheemployment contract? Or as Oras an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as themas procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to maysetthe stageforschoolboardsto hold their superintendents accountable for district performance, including academic achievement: Setting District Goals DistrictGoals and Direction (leads a leadsa board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountablesuperintendentaccountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its hasdevelopedits goals and indicators andindicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, throughpolicy,its superintendent in his or her charge of the superintendentin hisorherchargeofthe administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship herstewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicatorsandindicators? Does the Board DoestheBoard state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: whenit willevaluate thesuccessfulsuperintendent candidateuponthegoals andindicators thatit set?Note:Some districts do districtsdo not consider the superintendent evaluation to evaluationto be a one-time event and put an on- going process into placegoingprocessintoplace. Contrast other districtsContrastotherdistricts, which depending upon their whichdepending upontheir preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be Whatevaluationinstrumentwillbe used? How will the evaluation be Howwilltheevaluationbe documented? Will an evaluation instrument be outlined by the Board in its employment WillanevaluationinstrumentbeoutlinedbytheBoardinitsemployment contract with the successful superintendent candidate? Is the evaluation instrument the Istheevaluation instrumentthe Board will use tied to its goals and indicators andindicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future thefuture Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead thesubhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal basedcriminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 laws:15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned performassigned duties and freedom from communicable diseases. .The Americans with Disabilities Act ADA allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 16 and 2417. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.. Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources the Board Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of indicatorsof student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For both?For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see:IASB’s Field Services Catalog at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 105ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will documented?Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance studentperformance and academic improvement and other information as the Board may determine? For determine?For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx- process.pdf;IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, eff. 1-1-19, requires the followingcontract provisions: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the ofthe District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled FingerprintentitledFingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1) describe they: (1)describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with With Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources the Board Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and performanceand academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For both?For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact :IASB’s Field Services Catalog at:xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx.Xxxxxxx a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10and5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How ”How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What process?What evaluation instrument will be used? How will the evaluation be documented? Will documented?Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For determine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events:xxx.xxxx.xxx/training/training-resources/foundational-principles-of-effective- governance/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, requires the following contract provisions: 1. A restriction Arestriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition Aprohibition for any severance anyseverance if the Superintendent is fired for misconduct by the bythe Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required by 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 laws:15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 consumer.820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows RPWAallows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is satisfactorycredit historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are onlywhen theyare job-related and consistent with business necessity or necessityor part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs maydenyjobs to individuals with disabilities who pose a direct threat to the health or safety of safetyof others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be maybe lost.Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still maystill accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the bythe Board to measure the performance and effectiveness of the Superintendent Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent and other information as the Board may determine. maydetermine.Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxxx://xxxx.xxx0xxxxx.xxx/fieldservicecatalog.pdf. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: :Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. .Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtimeearlyspringtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What process?What evaluation instrument will be used? How will the evaluation be documented? Will documented?Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For maydetermine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and salaryand other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she orshe has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law CheckLaw 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled FingerprintentitledFingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required checkrequired by 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 consumer.820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in Privacyin the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal anypersonal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows RPWAallows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is satisfactorycredit historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable fromcommunicable diseases. .The Americans with Disabilities Act allows ADAallows medical inquiries of current employees only when they are onlywhen theyare job-related and consistent with business necessity or necessityor part of a voluntary employee voluntaryemployee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs maydenyjobs to individuals with disabilities who pose a direct threat to the health or safety of safetyof others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically fspecificallyf/ns 23 16 and 2417. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be maybe lost.. Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still maystill accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the bythe Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determinemaydetermine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact IASB’s Field Services Catalog at:xxxx://xxxx.xxx0xxxxx.xxx/xxxxxxxxxxxxxxxxxxx.xxx.Xxxxxxx a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the requirethe Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determinemaydetermine? For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, requires the following contract provisions: 1. A restriction Arestriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition Aprohibition for any severance anyseverance if the Superintendent is fired for misconduct by the bythe Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and salaryand other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643P.A. 101- 531, and discussed above? If yes, consult the Board Attorney and Attorneyand consider the following laws: 15 laws:15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 consumer.820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in Privacyin the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal anypersonal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows RPWAallows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 and 24. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents serving multiple one year contracts may still accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the bythe Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. maydetermine.Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxxx://xxxx.xxx0xxxxx.xxx/fieldservicecatalog.pdf. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: :Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2and2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation superintendentevaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determinemaydetermine? For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, eff. 1-1-19, requires the following contract provisions: 1. A restriction Arestriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition Aprohibition for any severance anyseverance if the Superintendent Executive Director is fired for misconduct by the bythe Board. See the Severance Pay row under the Changes to the Superintendent’s Executive Director's Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and salaryand other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Executive Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent Executive Director candidate to guarantee that as the future Superintendent Executive Director of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s 's criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal anypersonal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s 's personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s 's use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s 's credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is satisfactorycredit historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet Executive Directors generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with With Disabilities Act allows medical inquiries of current employees only when they are onlywhen theyare job-related and consistent with business necessity or necessityor part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs maydenyjobs to individuals with disabilities who pose a direct threat to the health or safety of safetyof others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents Executive Directors waive their rights to tenure in a school district, but no previously acquired tenure may be maybe lost.. Continued Tenure Superintendents Executive Directors serving multiple one year contracts may still maystill accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Executive Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent Executive Director 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the bythe Board to measure the performance and effectiveness of the Superintendent Executive Director and other information as the Board may determinemaydetermine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “"and other information as the Board may determine”maydetermine")? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s Executive Director's control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents Executive Directors regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB's Field Services Catalog at: xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents Executive Directors accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent Executive Director to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Executive Director Evaluation Process (describes an effective method of holding the superintendent Executive Director accountable) The Board and its Superintendent Executive Director (workshop assisting a board in developing an effective relationship with its superintendentExecutive Director). Superintendent Executive Director Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “"Direct, through policy, its superintendent Executive Director in his or her charge of the administration of the school district;” " and 2. Evaluate the superintendent Executive Director in his or her “"administration of school board policies and his or her stewardship of the assets of the district.” " How will the Board evaluate the successful superintendent Executive Director candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent Executive Director candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent Executive Director evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtimeearlyspringtime. Is the Board or the successful superintendent Executive Director candidate responsible to trigger the components of the Superintendent’s Executive Director's evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent Executive Director candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determinemaydetermine? For more information about best practices when planning for and evaluating the SuperintendentExecutive Director, see: The Superintendent Executive Director Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxxxxx.xxxx.xxx/xxxxxxxx/Xxxxxxxxx Director-evaluation-process.pdf; IASB’s 's Foundational Principles of Effective Governance, Principle 3. The board employs a superintendentExecutive Director, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “"the board employs and evaluates one person — the superintendent Executive Director — and holds that person accountable for district performance and compliance with written board policy.” ". Expenses and BenefitsBenefits Executive Director Contract Term Explanation, Special Considerations, and Resources Considerations for the Board

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, requires the following contract provisions: 1. A restriction Arestriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition Aprohibition for any severance anyseverance if the Superintendent is fired for misconduct by the bythe Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and salaryand other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required by 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531, and discussed above? If yes, consult the Board Attorney and Attorneyand consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in Privacyin the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal anypersonal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows RPWAallows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is satisfactorycredit historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one Anyone of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are onlywhen theyare job-related and consistent with business necessity or necessityor part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs maydenyjobs to individuals with disabilities who pose a direct threat to the health or safety of safetyof others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically fspecificallyf/ns 23 18 and 2419. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired previouslyacquired tenure may be maybe lost.. Continued Tenure Superintendents serving multiple one year contracts may still maystill accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determinemaydetermine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2and2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent thesuperintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the ofthe District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled FingerprintentitledFingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1) describe they: (1)describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act ADA allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 16 and 2417. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For both?For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact :IASB’s Field Services Catalog at:xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx.Xxxxxxx a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has Osunpceritnhte nBdoeanrtd).has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10and5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How ”How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What process?What evaluation instrument will be used? How will the evaluation be documented? Will documented?Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For determine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events:xxx.xxxx.xxx/training/training-resources/foundational-principles-of-effective- governance/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent futureSuperintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled FingerprintentitledFingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, InvestigationsAP2,Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 alcohol.820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act ADA allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 16 and 2417. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.. Tenure Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For both?For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see:IASB’s Field Services Catalog at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: :Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What process?What evaluation instrument will be used? How will the evaluation be documented? Will documented?Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For determine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, ,at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. Severance Agreements 100-895, requires the following contract provisions: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent Director is fired for misconduct by the Board. See the Severance Pay row under the Changes to the SuperintendentDirector’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent Director candidate to guarantee that as the future Superintendent Director of the DistrictJoint Agreement, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy samplepolicy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective Other BackgroundCheck Laws employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District Joint Agreement property during nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ns).820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents Directors generally meet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents Directors waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents Directors serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment theEmployment and Compensation checkbox, above. Evaluations and Goals Superintendent Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources the Board Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent Director 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent Director and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the SuperintendentDirector’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5contract?5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents Directors regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents Directors accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent Director to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Director Evaluation Process (describes an effective method of holding the superintendent Director accountable) The Board and its Superintendent Director (workshop assisting a board in developing an effective relationship with its superintendentDirector). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent Director in his or her charge of the administration of the school districtJoint Agreement;” and 2. Evaluate the superintendent Director in his or her “administration of school board Governing Board policies and his or her stewardship of the assets of the districtJoint Director Evaluation Agreement.” How will the Board evaluate the successful superintendent Director candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent Director candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent Director evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent Director candidate responsible to trigger the components of the SuperintendentDirector’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent Director candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the SuperintendentDirector, see: The Superintendent Director Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxxxxx.xxxx.xxx/xxxxxxxx/Xxxxxxxx- evaluation-process.pdf; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendentDirector, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent Director — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. Severance Agreements 100-895, requires the following contract provisions: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent Director is fired for misconduct by the Board. See the Severance Pay row under the Changes to the SuperintendentDirector’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent Director candidate to guarantee that as the future Superintendent Director of the DistrictJoint Agreement, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531. See also PRESS sample policy samplepolicy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s P.A. 101-531 and 101-643531, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective Other BackgroundCheck Laws employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District Joint Agreement property during nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ns).820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents Directors generally meet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents Directors waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents Directors serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment theEmployment and Compensation checkbox, above. Evaluations and Goals Superintendent Director Contract Term Considerations for the Board Explanation, Special Considerations, and Resources the Board Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent Director 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent Director and other information as the Board may determine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the SuperintendentDirector’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5contract?5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents Directors regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents Directors accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent Director to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Director Evaluation Process (describes an effective method of holding the superintendent Director accountable) The Board and its Superintendent Director (workshop assisting a board in developing an effective relationship with its superintendentDirector). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent Director in his or her charge of the administration of the school districtJoint Agreement;” and 2. Evaluate the superintendent Director in his or her “administration of school board Governing Board policies and his or her stewardship of the assets of the districtJoint Director Evaluation Agreement.” How will the Board evaluate the successful superintendent Director candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent Director candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent Director evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent Director candidate responsible to trigger the components of the SuperintendentDirector’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent Director candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the SuperintendentDirector, see: The Superintendent Director Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxxxxx.xxxx.xxx/xxxxxxxx/Xxxxxxxx- evaluation-process.pdf; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendentDirector, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent Director — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, eff. 1-1-19, requires the following contract provisions: 1. A restriction Arestriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition Aprohibition for any severance anyseverance if the Superintendent is fired for misconduct by the bythe Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and salaryand other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and salaryand other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records historyrecords information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third bythird party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with complywith certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until historyuntil the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 law). 820 ILCS 55/, Ill. Right to Privacy in Privacyin the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee anyemployee or prospective employee to provide a user name and password for any personal anypersonal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during propertyduring nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or historyor taking action against an employee based such history unless historyunless a satisfactory credit history is satisfactorycredit historyis a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet generallymeet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2districts; (2) include signatory power signatorypower over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with With Disabilities Act allows medical inquiries of current employees only when they are onlywhen theyare job-related and consistent with business necessity or necessityor part of a voluntary employee voluntaryemployee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs maydenyjobs to individuals with disabilities who pose a direct threat to the health or safety of safetyof others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically fspecificallyf/ns 23 18 and 2419. Tenure Suspension of Tenure With TenureWith multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired previouslyacquired tenure may be maybe lost.. Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still maystill accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the bythe Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. maydetermine.Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determinemaydetermine”)? 2. Included them in the body of bodyof the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within theywithin the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact IASB’s Field Services Catalog at:xxx.xxxx.xxx/xxx/xxxxxxxxxxxxxxxxxxx.xxx.Xxxxxxx a Field Services Director regarding the following IASB workshops and/or offerings that may set mayset the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: :Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately aboveimmediatelyabove), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the requirethe Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2and2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does indicators?Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts Somedistricts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find generallyfind the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the bythe Board in its employment contract with the successful superintendent candidate? Is candidate?Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For maydetermine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, and the subhead entitled Fingerprint-based Criminal History Records Information Check in administrative procedure 5:30-AP2, Investigations. Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA), prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1) describe a managerial position that involves direction of school districts;(2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. .The Americans with Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 and 24. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.Continued Tenure Superintendents serving multiple one year contracts may still accrue service toward and acquire tenure. See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For more information about best practices when planning for and evaluating the Superintendent, see: The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASB’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” Expenses and BenefitsGoals

Compensation Increases. Severance Agreements Any contract that contains a condition of severance pay must include the following provisions required by the The Government Severance Pay Act (GSPA), 5 ILCS 415/10, added by P.A. 100-895, eff. 1-1-19, requires the following contract provisions: 1. A restriction to an amount not exceeding 20 weeks of compensation; and 2. A prohibition for any severance if the Superintendent is fired for misconduct by the Board. See the Severance Pay row under the Changes to the Superintendent’s Employment Contract subhead below for a definition of what misconduct means in the context of this law. Teachers Retirement System (TRS) & Teacher Health Insurance (THIS) How does the Board want to address: 1. Pension contributions (TRS-THIS)? 2. Inclusion of salary and other compensation in the payment of TRS and THIS? Or, will TRS and THIS be in addition to salary and other compensation? 3. Unforeseen pension reform issues? Conditions of Employment Superintendent Contract Term Considerations for the Board Explanation, Special Considerations, and Resources Administrative License Does the Board want to require the successful superintendent candidate to guarantee that as the future Superintendent of the District, he or she has and will maintain the appropriate licensure throughout the employment contract? Criminal Background Check Law 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643. See also PRESS sample policy 5:30, Hiring Process and Criteria, Criteria and the subhead entitled Fingerprint-based Criminal History Records HistoryRecords Information Check in administrative procedure 5:30-AP2, Investigations. Other Background Check Laws Does the Board want to require additional background inquiries beyond the fingerprint-based criminal history records information check required by 105 ILCS 5/10-21.9, amended by P.A.s 101-531 and 101-643, 21.9 and discussed above? If yes, consult the Board Attorney and consider the following laws: 15 U.S.C. § 1681 et seq., Federal Fair Credit Reporting Act (FCRA), is a federal law that regulates the gathering and use of information about consumers by third party consumer reporting agencies, including credit information, criminal background, driving record, personal characteristics/reputation, etc. The law requires consumer reporting agencies to comply with certain procedural notice requirements when gathering information from a consumer. Other Background Check Laws 820 ILCS 75/, Ill. Job Opportunities for Qualified Applicants Act, prohibits employers from inquiring about an applicant’s criminal history until the application has been determined qualified and notified that he/she has beenselected been selected for an interview (a/k/a ban the box law).820 ILCS 55/, Ill. Right to Privacy in the Workplace Act (RPWA)Act, prohibits employers from: 1. Requesting, coercing, or requiring any employee or prospective employee to provide a user name and password for any personal online account; 2. Requesting, coercing, or requiring an employee or applicant to invite the employer to have access to that individual’s personal online account; and 3. Taking an adverse employment action against an individual (including refusal to hire) based on that individual’s use of a lawful product off District property during nonworking hours, i.e., tobacco, cannabis, tobacco or alcohol. (Note: RPWA allows employers to regulate employees’ use of those lawful products that impair an employee’s ability to perform the employee’s assigned duties. See policy 5:50, Drug- and Alcohol-Free Workplace; E-Cigarette, Tobacco, and Cannabis Prohibition, and its f/ns). 820 ILCS 70/, Ill. Employee Credit Privacy Act, prohibits employers from inquiring into an individual’s credit history or taking action against an employee based such history unless a satisfactory credit history is a bona fide occupational requirement, which is further defined in the statute. The job descriptions of superintendents generally meet this standard because they:(1they: (1) describe a managerial position that involves direction of school districts;(2) include signatory power over more than $100; and (3) involve having access to confidential and financial information. Note: Any one of these grounds thesegrounds alone is sufficient. Medical Examination 105 ILCS 5/24-5 requires new employees to submit evidence of physical fitness to perform assigned duties and freedom from communicable diseases. The Americans with With Disabilities Act allows medical inquiries of current employees only when they are job-related and consistent with business necessity or part of a voluntary employee wellness program. 42 U.S.C. §12112(d)(4). Districts may deny jobs to individuals with disabilities who pose a direct threat to the health or safety of others in the workplace, provided that a reasonable accommodation would not either eliminate the risk or reduce it to an acceptable level. 42 U.S.C. §12113; 29 C.F.R. Part 1630.2(r). See 1630.2(r).See also PRESS sample policy 5:30, Hiring Process and Criteria, specifically f/ns 23 18 and 2419. Tenure Suspension of Tenure With multi-year contracts and multi-year extensions, superintendents waive their rights to tenure in a school district, but no previously acquired tenure may be lost.. Continued Tenure Superintendents TenureSuperintendents serving multiple one year contracts may still accrue service toward and acquire tenure. .See 105 ILCS 5/10-23.8 and the Duration of Contract row in the Employment and Compensation checkbox, above. Evaluations and Goals Superintendent Contract Term ContractTerm Considerations for the Board Explanation, Special Considerations, and Resources Board Goals and Indicators of Student Performance and Academic Achievement for the Superintendent 105 ILCS 5/10-23.8 requires each performance-based contract to include the goals and indicators of student performance and academic improvement determined and used by the Board to measure the performance and effectiveness of the Superintendent and other information as the Board may determine. .Regarding its goals and indicators, has the Board: 1. At minimum, addressed student performance and academic achievement (105 ILCS 5/10-23.8 states “and other information as the Board may determine”)? 2. Included them in the body of the employment contract? Or as an exhibit to it? 3. Set them to be: a. Measurable and achievable, i.e., are they within the Superintendent’s control? b. Objective, subjective or a combination of both? 4. Set a timeline for achievement, and if so is it on an: a. Annual basis? b. Prior to completion of the employment contract? 5. Set them as procedural, substantive, or a combination of both? For both?For more information about setting goals and indicators for superintendents regarding student performance and academic achievement, see: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx-xxxxxx/xxxxxxxx/xxxxxxxxx/ IASB’s Field Services Catalog at: xxxx://xxxx.xxx0xxxxx.xxx/fieldservicecatalog.pdf. Contact a Field Services Director regarding the following IASB workshops and/or offerings that may set the stage for school boards to hold their superintendents accountable for district performance, including academic achievement: Setting District Goals and Direction (leads a board and superintendent to develop their own district-language for specific measurable, and attainable goals and indicators) The indicators)The Superintendent Evaluation Process (describes an effective method of holding the superintendent accountable) The accountable)The Board and its Superintendent (workshop assisting a board in developing an effective relationship with its superintendent). Superintendent Evaluation Once the Board has developed its goals and indicators (as discussed immediately above), 105 ILCS 5/10-20, 5/10-23, and 5/10-23.8 require the Board to: 1. “Direct, through policy, its superintendent in his or her charge of the administration of the school district;” and 2and2. Evaluate the superintendent in his or her “administration of school board policies and his or her stewardship of the assets of the district.” How will the Board evaluate the successful superintendent candidate upon its outlined goals and indicators? Does the Board state when it will evaluate the successful superintendent candidate upon the goals and indicators that it set? Note: Some districts do not consider the superintendent evaluation to be a one-time event and put an on- on-going process into place. Contrast other districts, which depending upon their preferences, generally find the best time of year to evaluate is in the winter or early springtime. Is xxxxxxxxxx.Xx the Board or the successful superintendent candidate responsible to trigger the components of the Superintendent’s evaluation process? What evaluation instrument will be used? How will the evaluation be documented? Will an evaluation instrument be outlined by the Board in its employment contract with the successful superintendent candidate? Is the evaluation instrument the Board will use tied to its goals and indicators of student performance and academic improvement and other information as the Board may determine? For determine?For more information about best practices when planning for and evaluating the Superintendent, see: :The Superintendent Evaluation Process at: xxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx; IASBxxx.xxxx.xxx/xxxxxxxx/xxxxxxxxxxxxxx-xxxxxxxxxx-xxxxxxx.xxx;XXXX’s Foundational Principles of Effective Governance, Principle 3. The board employs a superintendent, at: xxx.xxxx.xxx/xxxxxxxxxx-xxxxxxxx-xxx- events/training/training-resources/foundational-principles-of-effective- governance/xxx.xxxx.xxx/xxxxxxxxxx.xxx; stating “the board employs and evaluates one person — the superintendent — and holds that person accountable for district performance and compliance with written board policy.” ”. Expenses and Benefits