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EMPLOYMENT CONTRACT

BETWEEN

THE BOARD OF EDUCATION OF THE

HOUSTON INDEPENDENT SCHOOL DISTRICT

and

TERRY B. GRIER, Ed.D

Dated as of September 11, 2009

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HOUSTON INDEPENDENT SCHOOL DISTRICT

EMPLOYMENT CONTRACT

THE STATE OF TEXAS §

§
COUNTY OF HARRIS §

This Contract (,'Contract") is by and between the Board of Education ("Board") of the
Houston Independent School District ("District") and Teny B. Grier, Ed.D. ("Superintendent").

WITNESSETH:

WHEREAS, at a meeting of the Board of the District on September 10, 2009, the
Superintendent was offered further employment as Superintendent of Schools, and
WHEREAS, the Superintendent accepted the offer of employment in this position on
September 10,2009;
NOW, THEREFORE, pursuant to the authority of Section 11.201 of the Texas Education
Code', the 1923 Special Act creating the District, and the general laws of the State of Texas, the
Board and the Superintendent agree as follows:
1. TERM

1.1 The Board, by and on behalf of the District, employs the Superintendent, and the
Superintendent accepts employment as Superintendent of Schools for the District for a tenn
commencing on September 11, 2009 ("Effective Date"), and ending on December 31, 2012.
Upon execution by the parties, this Contract will become effective on September II, 2009, and it
will replace any prior understandings, agreements, or contracts between the parties. Beginning
January 1, 20 I0, and for the remainder of this Contract and any extension thereof, each contract
year shall be from January 1 through December 31 (hereinafter referred to as the "Contract
Year").
1.2 Beginning on January I, 2013, this Contract shall automatically be
extended for an additional one (l) year, through December 31,2013, unless the Board, on behalf
of the District, notifies the Superintendent in writing on or before December I, 2012, of its
decision not to extend the Contract. In the event the Contract is extended, the Superintendent's
compensation and benefits will be as set forth herein, unless the parties agree to different
compensation and benefits in the fonn of a written addendum or new contract, signed by the
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parties.
1.3 At any time during the term of this Contract, the Board may, in its sole discretion,
extend the term of this Contract for additional years as authorized by law, with the
Superintendent's acceptance of such extension. The Superintendent does not have a property or
liberty interest, or any other legally recognized and/or protected interest or expectation, in
such extension by the Board. In the event that the Contract is extended, the Superintendent's
compensation and benefits will be as set forth herein, unless the parties agree to different
compensation and benefits in the form of a written addendum or new contract, signed by the
parties.

2. EMPLOYMENT

2.1 Duties. The Superintendent is the chief executive officer of the District and he
shall faithfully perform the duties of Superintendent of Schools for the District as prescribed in the
job description and as may be lawfully assigned by the Board, and shall comply with all legal
Board directives, state and federal laws, and lawful District policies, rules, and regulations as
they exist or may hereinafter be adopted or amended, including, but not limited to, the District
monitoring system established by the Board. Except as provided in this Contract, the
Superintendent agrees to devote his full time and energy to the performance of these duties
in a faithful, diligent, and efficient manner. Specifically, the duties of the Superintendent shall
include (but not be limited to):
(a) assume administrative responsibility and leadership for the planning, operation,
supervision and evaluation of the education programs, services and facilities of the District and
for the annual performance appraisal of the District's staff;
(b) assume administrative authority and responsibility for the assignment, reassignment
and evaluation of all personnel other than the Superintendent;
(c) make decisions regarding the District's personnel consistent with Section 2.6 herein;
(d) manage the day-to-day operations of the District as its administrative manager;
(e) prepare and submit to the Board annually a proposed budget covering all estimated
revenue and proposed expenditures of the District for the following fiscal year;
(f) prepare recommendations for policies to be adopted by the Board and oversee the
implementation of adopted policies;
(g) develop appropriate administrative regulations to implement policies adopted by the
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 Board;
(h) provide instructional leadership for the attainment of student perfonnance based on
the academic excellence indicators adopted by the State Board of Education and other indicators
adopted by the Board;
(i) organize the District's central administration staff subject to provisions of Section 2.6
herein; and,
U) communicate and collaborate with all members of the Board.
2.2 Professional Activities/Civic Organizations. The Superintendent shall
reasonably attend and participate in appropriate professional and civic meetings at the local,
state, and national levels with the reasonable expenses for such attendance to be borne by the
District, including membership fees and dues of the Superintendent in such organizations as he
deems appropriate in the performance of his duties, from funds budgeted for that purpose by the
Board, and the Superintenderit may hold offices or accept responsibilities in these
professional and civic organizations, provided that such meetings, offices and/or
responsibilities do not interfere with the perfonnance of his duties as Superintendent.
2.3 Writing, Teaching, and Speaking Activities. The Superintendent shall be
pennitted to undertake writing, teaching, and speaking activities, provided that these activities
(i) do not interfere with the performance of his duties as Superintendent; (ii) so long as such
activities do not give rise to a real or potential conflict of interest; and (iii) the Superintendent
shall use vacation days or personal leave days when participating in such activities.
Notwithstanding the foregoing, Superintendent shall not undertake any paid consulting
activities outside of the District or be permitted to perform or engage in any services,
consulting, or other activities for payment without having first disclosed all material details to
the full Board in writing and obtaining the prior written approval from the Board President.
2.4 Professional Certification and Records. This Contract is conditioned on the
Superintendent's obtaining and providing valid and appropriate certification, or other waiver,
permit or authorization to act as a superintendent in the state of Texas as prescribed by the laws
of the state of Texas and the rules and regulations of the Texas Education Agency and/or the
State Board for Educator Certification. The Superintendent must also file any other records
required for the personnel files and for payroll purposes. Failure to provide necessary
certification shall render this Contract void, and any misrepresentation in the records shall be

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 grounds for tennination.
2.5 Reassignment. The Superintendent may not be reassigned from the position of
Superintendent to another position without the Superintendent's written consent.
2.6 Employment of Contract and Non-Contract Employees. In accordance with
Sections 11.201 and 11.1513 of the Texas Education Code, the Board by policy and by this
Contract has delegated to the Superintendent the authority to detennine the terms of employment
of all employees of the District except the Superintendent. Specifically, save and except for
employees that report directly to the Superintendent and any District reorganization that will
require the Board being infonned prior to any decision or action on the part of the
<:;uperintendent, the Superintendent has been delegated the authority to employ all contract and
non-contract employees for positions authorized by the Board and to direct, assign, reassign and
transfer all employees in the manner which in his judgment best serves the District, subject
to guidelines established in policy by the Board. Further, the Superintendent has been delegated
the authority to terminate or nonrenew all contract and non-contract employees, other than contract
staff covered by SUbchapters C, D, E, F, and G, Chapter 21, Texas Education Code and the
Superintendent.

2.7 Board Meetings and Relation. The Superintendent, or his designee, shall have the
right to attend all meetings of the Board and all Board committee meetings, both open and
closed, and may participate in the deliberations of the Board at all such meetings, with the
exception of those closed meetings of the Board involving the Superintendent's evaluation,
consideration of the tenns of the Superintendent's employment pursuant to the terms of this
Contract, confidential discussions among Board members to resolve any differences of opinion
among members of the Board, and/or when the Board is acting as a tribunal.

3. COMPENSATION AND SALARY

3.1 Annual Base Salary. The Superintendent will be paid an annual base salary
in the sum of Three Hundred Thousand Dollars ($300,000.00) through the tenn of this Contract.
3.2 Salary Adjustments. At any time during the term 0 f this Contract, the Board
may, and without the necessity of entering into a new contract, in its sole discretion, review
:md adjust the salary of the Superintendent, but in no event will the Superintendent be paid less
than the salary set forth pursuant to Section 3.1 of this Contract except by mutual written

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 agreement of the parties or pursuant to Section 5. Any mutually agreed adjustments, if any, will
be in the form of a written addendum to this Contract or a new contract signed by the parties, and
such adjustment shall be exclusive of any other benefits unless specifically provided in the
addendum or new contract.
3.3 Business Expenses. The District will payor reimburse the Superintendent for
reasonable reimbursable expenses as determined and incurred by the Superintendent in the
continuing performance of the Superintendent's duties under this Contract, from funds budgeted
for that purpose by the Board. The District agrees to pay the reasonable actual and incidental
costs incurred by the Superintendent for travel; such costs may include, but are not limited to,
airline tickets, hotels and accommodations, meals, rental car, and other expenses incurred in the
performance of the business of the District. The District also will reimburse the Superintendent
for the reasonable costs of flowers, plants and/or sympathy baskets made on behalf of the District
and/or the Board and related to the death or illness of District employees, Board members,
community leaders, or their immediate family members. The Superintendent shall comply with all
policies, procedures and documentation requirements in accordance with Board policies and
established procedures. Annually, the Superintendent's travel and business expenses will be
subject to review by the District's independent auditors. In addition, the Superintendent shall
submit a quarterly report on his business expenses to the Board's Audit Committee.
3.4 Teacher Retirement System of Texas. The District shall supplement the
Superintendent's annual salary with the Effective Date and through the term of this Agreement,
by an amount equal to the Superintendent's portion of the monthly contribution to the Teacher
Retirement System of Texas ("TRS") required for the Superintendent. This additional salary
supplement shall be paid to the Superintendent by regular payroll installments and shall be
reported a "creditable compensation'~ y the District for purposes of TRS.
3.5 Automobile/Automobile Expense. The District shall pay the Superintendent an
amount of One Thousand Two Hundred Dollars ($1,200.00) per month during any year of this
Contract or any extension thereof as a in-District car allowance, which covers the payment for
insurance, repair, maintenance, fuel and other expenses of operating such car. The
Superintendent shall maintain liability insurance for his car of not less than the amount of
$250,000 (bodily injury liability - each person); $500,000 (bodily injury liability - each
accident); $100,000 (property damage liability - each accident). This car may be used for

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 personal and business purposes. This monthly payment will be annualized and paid to the
Superintendent in each of his bi-weekly paychecks. The Superintendent will have access to a
staff member, as reasonably available, to drive his vehicle or a District vehicle when the
Superintendent determines it is necessary to the performance of his duties. In addition, the
Superintendent will have access to a District vehicle whenever he determines it is necessary and/or
beneficial to the performance of his duties. The Superintendent may be reimbursed for travel in his
car outside of the District at the District's approved reimbursement rate for travel outside of the
District. Any tax consequences for the car allowance will be the Superintendent's individual
responsibility.
3.6 Health, Disability, and, Other Insurance. Except as otherwise provided in this
Contract, the District will pay for coverage for Superintendent and his Spouse for group health,
major medical and hospitalization, dental, and vision insurance, as selected by the Superintendent
from plans offered by the District to its employees. Except as otherwise provided herein, the
District will provide Superintendent with all other benefits on the same basis as other 12-month
administrative employees of the District.
3.7 Annual Service Purchase. Subject to a satisfactory performance appraisal,
conducted by the Board under standards developed pursuant to Sections 4.1, 4.2 and 4.3
herein and with the current Superintendent's Performance Appraisal Instrument being
attached as Attachment "A" ("Appraisal Instrument"), the District shall contribute on an
annual basis to a Service Purchase Tax Deferred Plan or plans (the "Plan") established for
the benefit of the Superintendent under Section 403(b), Section 457(b), and/or Section
401 (a) of the Internal Revenue Code ("Code") a lump sum in the following amounts:
(i) $30,000 at the conclusion of Contract Year 1 of the Contract;
(ii) $37,500 at the conclusion of Contract Year 2 of the Contract; and
(iii) $45,000 at the conclusion of Contract Year 3 of the Contract.
For the purposes of this Section 3.7, "satisfactory performance appraisal" means a "2" or
higher on a scale of "3" with a "3" meaning "above expectations", a "2" meaning "meets
expectations" and" I" meaning "below expectations".

The Board and Superintendent agree within thirty (30) days of the Effective Date that the
Board or a Board subcommittee and Superintendent will review the Appraisal Instrument and
with the Superintendent's input and review by the District Level Committee, the Board will adopt
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appropriate modifications to the "Appraisal Instrument" to be used in appralSlng the

Superintendent during Contract Year One consistent with Sections 4.1, 4.2 and 4.3 herein. In
reviewing the Appraisal Instrument, the Board and the Superintendent will ensure that the criteria
developed for the Appraisal Instrument align with the District's Board Monitoring System, are in
accordance with Texas law, and are specific, measurable, attainable, relevant to the Board's
mission and vision for the District, and are timely.
The 403(b) and 40l(a) plans shall be established as employer-paid plans with non-
discretionary contributions by the District and the Superintendent shall have no right to receive
such contributions in cash. The 403(b) plan, 40l(a) plan, and 457(b) plan shall each be
established under a written plan document that meets the requirements of the Code and such
documents are hereby incorporated herein by reference. The funds for the 403(b) plan, 40l(a)
plan, and 457(b) plan shall each be invested in such investment vehicles as are allowable under
the Code for the applicable type of plan. The Superintendent shall have sole discretion as to
where the contributions to the Plan are invested, to the extent such investments comply with
applicable State and federal laws. The Superintendent shall not be entitled to receive in cash any
portion of the aforementioned funds that exceed the contribution limit or limits established by
law. Each such Plan established on behalf of the Superintendant shall provide that contributions
made to the Plan by the District and all earnings thereon shall be fully vested in the
Superintendent.
Contributions made by the District to the Plan shall first be made to the 403(b) plan. If the
contribution to the 403(b) plan exceeds the contribution limit established by law for such plan,
then the remaining contribution by the District shall be made to the 457(b) plan. If the
contribution to the 457(b) plan then exceeds the contribution limit established by law for such
plan, the remaining contribution by the District shall be made to the 40 lea) plan.
3.8 Information Technology/Communications Allowance. The District shall pay
the Superintendent an amount of Four Hundred Dollars ($400.00) per month during any year of
this Contract or any extension thereof for a portable cellular telephone allowance to provide him
with a portable cellular telephone and/or personal digital assistant (PDA) with nationwide
coverage for his business and personal use. This monthly payment will be annualized and paid
to the Superintendent in each of his bi-weekly paychecks.
3.9 Vacation and Holidays. The Superintendent may take, at the Superintendent's

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choice and subject to the Board's prior approval, 30 days of vacation per year of this Contract,
which may be accumulated without limit. Upon termination of employment or at the conclusion
of any contract year, at Superintendent's discretion, all unused vacation days accumulated by the
Superintendent during his employment by the District will be paid in a lump sum to the
Superintendent or his survivors at the Superintendent's then current daily rate of base pay based on
a 254 day work year. The vacation days taken by the Superintendent will be taken at such time or
times as will least interfere with the performance of the Superintendent's duties as set forth in this
Contract, with prior notice to the, Board President prior to taking such leave. The Superintendent
shall have the same duty days and shall observe the same legal holidays as those observed by
administrative employees on 12-month contracts.
3.10 Personal and Sick Leave. The Superintendent will have 5 personal leave days
and 30 sick days. The Superintendent may accumulate personal and sick leave days without limit.
Upon termination of employment or at the conclusion of any contract year, at Superintendent's
discretion, all unused sick days accumulated by the Superintendent during his employment by
the District will be paid in a lump sum to the Superintendent or his survivors at the
Superintendent's then current daily rate of base pay based on a 254 day work year.
3.11 Annual Physical Examination. The Superintendent shall undergo an annual
physical examination performed by the Superintendent's primary care physician. The physician
shall submit a confidential statement to the Board President verifYing the Superintendent's fitness
to perform the essential functions of his job, and copies of all such statements shall be
confidential to the extent permitted by law. The District shall pay all reasonable costs of the
annual physical examination. The examination shall be performed on or before January 31 of
each year of this Contract.

3.12 Performance Incentives. Upon Superintendent's achievement of the

performance compensation criteria as set forth on Attachment "B", which is attached
hereto and made a part hereof as though fully set forth herein, the Superintendent shall be
paid additional performance compensation above his base salary as follows:

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

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

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

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

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process pursuant to Sections 4.2 and 4.3 herein, the annual performance compensation criteria as
set forth on Attachment "B" to determine if any modifications are appropriate.

The Board may, at its sole discretion, pay any part of the performance compensation set forth in
this Section 3.12 to the Plan referenced in Section 3.7 herein.

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

Superintendent in accordance with Sections 3.3, 3.4, 3.5, 3.6, 3.7,3.8,3.9,3.10,3.11,3.12 and/or
6.1 are subject to federal income tax in any year of the Contract, any such tax consequences will
be the Superintendent's individual responsibility.

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

4. ANNUAL PERFORMANCE GOALS

4.1 Development of Priorities. Within one (1) month after the annual Board
retreat held each school year during the term of this Contract, the Board President, with the
cooperation, input and support of the Superintendent, shall develop and submit for the Board's
consideration and approval a proposed list of priorities within the Board's goals for the District.
The priorities approved by the Board shall be reduced to writing and shall be among the criteria
on which the Superintendent's performance will be reviewed and evaluated.
4.2 Review of Performance. The Board shall evaluate and assess the performance
of the Superintendent in writing on or before October 31 of each year of this Contract (beginning
October 31, 2010 and on or before each October 31 st thereafter during the term of this Contract).
The meetings at which the Board evaluates the Superintendent will be held in closed meeting
unless the Board and Superintendent determine that it should be held in open meeting. The
evaluation and assessment shall be related to the duties of the Superintendent as outlined in the
Superintendent's job description and the annual priorities within the Board's goals developed

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pursuant to Section 4.1 herein.

4.3 Evaluation Format and Procedure. The evaluation format and procedure shall be in
accordance with the Board's policies and state and federal law and with the input of the
Superintendent. In the event the Board deems that the evaluation instrument, format and/or
procedure (including, but not limited to timeline) is to be modified by the Board, the
Superintendent shall be provided a reasonable period of time to demonstrate such expected
performance before being evaluated.

5. TERMINATION OF EMPLOYMENT CONTRACT

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

of the Superintendent and the Board in writing upon such terms and conditions as may be mutually
agreed upon.
5.2 Termination for Cause by the District. Superintendent may be terminated by
District for cause as outlined below;
(a) Notwithstanding anything herein to the contrary, the District may, without
liability, terminate the Superintendent's employment hereunder for cause at any time upon
written notice from the District specifying such cause, and thereafter the District's obligations
under this Contract shall immediately cease and terminate. Grounds for termination "for good
cause" include, but are not limited to, one or more of the following:
(1.) Superintendent's failure to follow the lawful directives and/or policies of
the Board of Directors;
(2.) A breach of Superintendent's fiduciary duties;
(3.) A material breach of this Contract;
(4.) An indictment, conviction, a plea of guilty, or a plea of nolo contendere
for any act or omission relating to Superintendent's fraud, dishonesty, or
crime involving moral turpitude;
(5.) Engaging in acts which are defined as moral turpitude under state or
federal laws and cause embarrassment to the District;
(6.) Actions involving willful malfeasance or gross negligence in the
performance of Superintendent's duties which could be materially and
demonstrably injurious to the District;
(7.) Commission of an act of fraud, embezzlement, theft or material dishonesty
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against the District;

(8.) Any absence from work by Superintendent for more than ninety (90) days
during any twelve (12) month period;
(9.) Superintendent's death or retirement; and
(10.) Any action considered good cause under state law.
(b) The procedure for termination of this Contract for good cause shall be as provided
in Section 5.6.
(c) Upon any termination by District for good cause, and except as otherwise
required by law, the Superintendent shall have no right to any compensation from District
including, but not limited to, salary, bonuses, incentives, severance, benefits, or other
compensation for any period subsequent to the date of termination; and shall have no right,
except as otherwise required by law, to participate in any employee benefit programs referred to
in or provided to Superintendent under this Contract for any period subsequent to the date of
termination.
5.3 (a) Termination by the Superintendent. Under this Contract, and in exchange
for the consideration given to Superintendent under this Contract, Superintendent may, upon
fifteen (15) days written notice, terminate his employment with the District with good reason.
For purposes of this Section 5.3, "good reason" shall mean: (i) a substantial and material
prolonged reduction of the Superintendent's title, duties, and responsibilities to the District; or
(ii) a reduction in the Superintendent's base salary below the amount set forth in Section 3.1.
(b) In the event of a termination for "good reason" pursuant to this Section
5.3, Superintendent shall give District ten (10) days, upon written notice, to substantially cure
any such alleged good reason prior to the commencement of the fifteen (IS) day notice of
termination period.
(c) Superintendent shall be required to render the services required under this
Contract during any notice period required under this Section 5.3 unless otherwise directed by
the Board.
(d) In the event of a termination of Superintendent's employment pursuant to
Section 5.3, with good reason, the Superintendent's entitlement to compensation, severance,
benefits, and other consideration shall be the same as a termination without cause by the District
under Section 5.7 of this Contract.

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

waiver of District's claims, if any, against Superintendent for a breach of this Contract or for
other such causes of action that District may have against Superintendent under this Contract or
as otherwise provided by applicable law.
5.4 Disability. In the event the Superintendent shall become physically or mentally
unable to perform the essential functions of his job as Superintendent, the Board, at its option,
may terminate this Contract and the employment of the Superintendent after the
Superintendent's exhaustion of his personal and sick leave days and vacation days provided
pursuant to Sections 3.9 and 3.10 herein. Verification of the illness or disability of the
Superintendent shall be required whenever a majority of the Board requests it. Verification shall be
by a physician designated by the Board and Superintendent; however, should the Board and
Superintendent be unable to agree, the physician shall be the physician chosen under Section
3.11. Should the Superintendent be terminated due to such physical or mental disability, the
Superintendent shall be entitled to one (1) year of his annual base salary set out in Section 3.1
and a continuation of the District's payment for the health, major medical and hospitalization
insurance for the Superintendent, set out in Section 3.6, for a period of one (1) year from the
date of termination. Except for the payments set out in this Section, plus the amounts for vacation
leave under Section 3.8, the District shall have no further liability to the Superintendent for any
other compensation or benefits.
5.5 Termination Procedure. In the event that the Board proposes to terminate this
Contract for good cause, the Superintendent shall be afforded the rights as set forth in the Board's
policies and applicable state and federal law.
5.6 Nonrenewal of Contract. Except as otherwise provided herein, nonrenewal of this
Contract shall be in accordance with Board policy and applicable law.
5.7 Unilateral Termination. In the event the Board, by an affirmative vote of at
least two-thirds of the full membership of the Board, unilaterally decides to terminate this
Contract without good cause or in lieu of nonrenewal, the Superintendent will receive one year
of his current annual base salary and the value of his annual benefits as set out in Sections 3.1
and 3.4 through 3.11 of this Contract. It is understood and agreed that in the event of unilateral
termination by the Board, the Superintendent will receive only the payments specified in this
Section plus, subject to District policy, the amounts due for vacation leave and personal and

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 sick leave pursuant to Sections 3.9 and 3.10 herein. Notice of such termination and the procedure
for termination will be in compliance with Section 5.5 herein. It is further understood and agreed
that the payments provided above will be in full satisfaction of the District from all claims under
this Contract. It is agreed that in the event of unilateral termination by the Board, the
Superintendent will have no duty to mitigate damages.
5.8 Professional Liability. The District shall indemnify, defend, and hold the
Superintendent harmless regarding any claims, demands, duties, actions or other legal
proceedings against the Superintendent, or damages incurred by the Superintendent, including
court costs and attorney's fees, in his individual or official capacity for any act or failure to act
involving the exercise of judgment and discretion within the normal course and scope of his
duties as Superintendent of the District, to the extent and to the limits permitted by law. This
paragraph does not apply if the Superintendent is found to have materially breached this
Contract, to have acted with gross negligence or with intent to violate a person's clearly
established legal rights, or to have engaged in official misconduct or criminal conduct, nor does
it apply to criminal investigations or proceedings. The District may, at its discretion, fulfill its
obligation under this paragraph by purchasing appropriate insurance coverage for the benefit of
the Superintendent or by including the Superintendent as a covered party under any contract
providing errors and omissions insurance coverage purchased for the protection of the Board and
the professional employees of the District. The Board may retain attorneys to represent the
Superintendent in any proceeding for which he could seek indemnification under this paragraph,
to the extent that damages are recoverable or a defense is provided, under any such contract of
insurance. No individual member of the Board shall be personally liable for indemnifying and
defending the Superintendent under this paragraph. The District's obligation under this
paragraph shall continue for a period of no more than four (4) years after the termination of
this Contract for qualifying acts or failures to act occurring during the term of this Contract or
any extension thereof.
The Board shall not be required to pay any costs of any legal proceedings in the event the
Board and the Superintendent are adverse to each other in any proceedings.
The Superintendent shall fully cooperate with the District in the defense of any and all
demands, claims, suits, actions and legal proceedings brought against the District. The
Superintendent's obligation under this paragraph shall continue after any termination of this

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 Contract for a period of no more than four (4) years.
6. TRANSITION EXPENSES
6.1 Moving-Relocation Expenses. In connection with the necessary relocation of the
Superintendent and the Superintendent's family from San Diego, California, to Houston, Texas,
the District shall pay the Superintendent the sum of Twenty-Five Thousand Dollars ($25,000.00)
for moving expenses, which shall include, but not be limited to, relocation of the
Superintendent's furniture and automobiles from California to Texas, lease cancellation fees,
temporary housing and other relocation expenses related to the Superintendent's move of his
family from California to Texas. The moving-relocation expense of Twenty-Five Thousand
Dollars ($25,000.00) will be paid by the District to the Superintendent on or before thirty (30)
days from the Effective Date. The District will structure the payment and tax reporting of such
payment as directed by the Superintendent in order to minimize the federal taxes on such
payment, to the extent such instructions comply with all State and federal laws.
7. MISCELLANEOUS PROVISIONS

7.1 Controlling Law. This Contract shall be governed by the laws of the state
of Texas, and it shall be performable in Harris County, Texas, unless otherwise provided by law.
Venue for any dispute concerning the interpretation or enforcement of this Contract shall be in
Harris County, Texas.
7.2 Heirs and Assigns. The provisions of this Contract are binding upon the heirs,
personal representatives, successors and assigns of the Superintendent.
7.3 Waiver. No waiver of any of the provisions of this Contract shall be deemed for
any purpose to be a waiver of the right of any party hereto to enforce strict compliance with the
provisions hereof in any subsequent instance.
7.4 Severability. Each of the covenants and provisions contained in this Contract
shall be enforceable independently of every other covenant and provision in this Contract and
whether or not Superintendent has any claim or cause of action against the District based on this
Contract or otherwise.
7.5 Entirety of Contract. This Contract supersedes all other agreements, either oral or
III writing, between the parties to this Contract with respect to the employment of the
Superintendent by the District and matters relating to this Contract. This Contract may be
executed in one or more counterparts, each and all of which shall be deemed an original and all

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 of which together shall constitute but one and the same instrument.
7.6 Failure to Enforce Not Waiver. Any failure or delay on the part of either the
District or the Superintendent to exercise any remedy or right under this Contract shall not
operate as a waiver. The failure of either party to require performance of any of the terms,
covenants, or provisions ofthis Contract by the other party shall not constitute a waiver of any of
the rights under this Contract. No forbearance by either party to exercise any rights or privileges
under this Contract shall be construed as a waiver, but all rights and privileges shall continue in
effect as if no forbearance had occurred. No covenant or condition of this Contract may be
waived except by the written consent of the waiving party. Any such written waiver of any term
of this Contract shall be effective only in the specific instance and for the specific purpose given.
7.7 Partial Invalidity. If any provision in this Contract is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions and otherwise valid
and enforceable clauses of this Contract shall remain in full force and effect as if this Contract
had been executed without any such invalid provisions having been included.
7.8 Section Headings. Any section headings contained in this Contract are for
convenience only and shall in no manner be construed as a part of this Contract.
7.9 Non-Reliance. The Parties stipulate and agree that they have not relied upon any
statements or representations made by any of the other parties hereto or by any person or entity
representing any of the other parties hereto.
7.10 Terms Contractual. This Contract contains the entire agreement between the
parties hereto. The terms of this Contract are contractual and are not mere recitals. This
Contract cannot be modified or amended except by a written amendment signed by all Parties to
this Contract.
7.11 Legal Consideration. The parties hereto stipulate and acknowledge that adequate
legal consideration exists to support all such parties' execution and delivery of this Contract and
the transactions, covenants, and agreements contemplated hereby.
7.12 Construction. This Contract is the product of negotiations between the Parties.
The parties hereto agree that this Contract shall not be construed against the drafter and any rule
of contract construction providing for an interpretation against the drafter shall not apply. The
parties hereto agree that should any additional instruments be necessary or desirable to confirm
and accomplish effectively the purposes of this Contract, or to establish the rights or discharge

15
· .

the obligations of any party hereunder, such additional instruments will be promptly executed
and delivered upon the request of any such party.
7.13 Copy Effective. A copy of this Contract fully executed shall be as effective, for
all purposes, as a signed original.
7.14 Notices. Any notice, request, instruction, correspondence or other document to be
given hereunder by either party to the other (herein collectively called "Notice") shall be in
writing and delivered in person or by courier service requiring acknowledgment of receipt of
delivery or mailed by certified mail, postage prepaid and return receipt requested, or by
telecopier, as follows:
(a) if to District to:

Houston Independent School District

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

with copy to:

Greenberg Traurig, LLP

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

(b) if to Superintendent, to:

Dr. Terry B. Grier

1199 Pacific Highway, # 1501
San Diego, California 92101

with copy to:

Adams, Lynch & Loftin, P.e.

3950 Highway 360
Grapevine, Texas 76051
Attn: Neal W. Adams

Notice given by personal delivery, courier service or mail shall be effective upon actual receipt.
Notice given by telecopier shall be confirmed by appropriate answer back and shall be effective
upon actual receipt if received during the recipient's normal business hours, or at the beginning

16
of the recipient's next business day after receipt if not received during the recipient's normal
business hours. Any party hereto may change any address to which Notice is to be given to it by
giving Notice as provided above of such change of address.

EXECUTED to be effective as the date first written above.

{Execution Page Follows}

17
HOUSTON INDEPENDENT SCHOOL DISTRICT
AGREED AND APPROVED:

BY~ wrence Marshall

President, Board of Education

Date: --"--I-----'----=----I---"=----'------
Date: q t 1 () A 0 1
By:
dt:~
(y /-- / AJ /
Terry B. Gri a.D.
Superintendent of chools

Date:_~'l

Execution Page
II

ATTACHMENT A

2009-2010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT

 2009·2010 HISD SUPERINTENDENT'S PERFORMANCE APPRAISAL INSTRUMENT

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

I. Increase Student A. Achievement Gap

Achievement Demonstrate progress towards eliminating the 3 2 1
achievement gap between student groups as
measured by results of statewide TAKS examinations
for current and previous year.

Base Indicator(s):
• HISD will eliminate the achievement gap
between white and African American students
on TAKS all tests taken. The annual target is
a three percentage-point decrease.

• HISD will eliminate the achievement gap

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

• HISD will eliminate the achievement gap

between non-economically disadvantaged and
economically disadvantaged students. The
annual target is a three percentage-point
decrease.

Major Components in Success:

• Refer to pages _ of Supporting
Documentation

I. Increase Student B. Dropout and Completion Rates

Achievement Demonstrate progress toward decreasing the dropout 3 2 1

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

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

Major Components in Success:

• Refer to page _ _ of Supporting
Documentation

I. Increase Student C. Promotion Standards

Achievement Increase the percentage of students meeting 3 2 1
promotion standards.

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

• HISD will show an annual increase in the

percent of its students who meet promotion
standards after summer school.

Target(s):
• The percent of students who meet promotion
standards during the regular school year will
increase to 90 percent by the end of fall
semester 2011 .

• The percent of students who meet promotion

A-2
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
standards after summer school will increase to
98.5 percent by the end of fall semester 2011.

Major Components in Success:

• See pages _ of Supporting Documentation

I. Increase Student D. Recognized District and Adequate Yearly

Achievement Progress 3 2 1
Demonstrate progress toward becoming a Recognized
District as measured by TEA Accountability System
Indicators and toward more campuses making
adequate yearly progress as measured by No Child
Left Behind standards.

Base Indicator(s):
• Adequate Yearly Progress (AYP): HISD will
annually demonstrate an increase in the
number of schools meeting Adequate Yearly
Progress under No Child Left Behind standards.

• Yearly Growth: HISD will demonstrate an

increase in the number of campuses reaching
Recognized Status or Exemplary Status on the
TEA Accountability System and decrease the
number of Academically Unacceptable
campuses.

Major Components in Success:

• See page __ of Supporting Documentation

I. Increase Student E. TAKS Commended Students

Achievement Increase the percent of students scoring at the state- I 3 2
set commended level on TAKS.

Base Indicator(s):

A-3
 Domain/Performance Goal Criteria Descriptor Ratina Board Member Comment
• HISD will show an annual increase in the
percentage of students scoring at the
commended levels on the TAKS across grades
by subject. The annual target is a three
percentage-point increase in at least three of
the subjects.

• HISD will show an annual increase in the total

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

Major Components in Success:

• See pages __ of Supporting Documentation

I. Increase Student F. TAKS Scores 3 2 1

Achievement The district shall increase average scale scores for
grades
3-11 on all TAKS subtests.

• HISD will show an annual increase in the

average scale scores on the TAKS.

I. Increase Student G. Advanced Placement

Achievement Maximize the number of students taking AP exams and 3 2 1
the number of exams taken, and the number of exams
scored at 3 or higher.

Base Indicator(s):
• HISD will show an annual increase in the total
number of students taking AP courses.

• HISD will show an annual increase in the

number of campuses increasing the percent of

A-4
Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
students taking AP courses.

• HISD will show an annual increase in the

number of students taking the AP examinations
for the courses in which they are enrolled.

• HISD will show an annual increase in the

number of campuses increasing the percent of
students taking the appropriate AP exam.

• HISD will show an annual increase in the

percent of students taking AP examinations
who score a 3 or higher.

• HISD will show an annual increase in the

number of campuses increasing the percent of
students scoring a 3 or higher on AP tests
taken.

Target(s):
• All students taking AP courses will also take
AP exams.
• The percent of AP exams scored at 3 or higher
will increase by 2 percentage points annually,
reaching 61 percent by 2011.
• The number of AP exams taken will increase
by 10 percent annually.

Major Components in Success:

• See pages _ _ of Supporting Documentation

I. Increase Student H. College Readiness

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

Base Indicator(s):

A-5
Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

• HISD will show an annual increase in the

percentage of graduates who meet or exceed
the college-readiness standard in ELA on the
TAKS that exceeds the rate of increase for the
state.

• HISD will show an annual increase in the

percentage of graduates who meet or exceed
the college-readiness standard in math on the
TAKS that exceed the rate of increase for the
state.

• HISD will show an annual increase in the

percentage of students who meet or exceed
college-readiness in both ELA and math, over
the district's percentage from the prior year.

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

• Percent of students scoring at or above 45 on

each section of the PSAT shall increase by 4
percentage points annually.

• The percent of students scoring at or above 21

on the ACT will reach 40 percent by 2011.

• The percent of students scoring at or above

500 on each section of the SAT will reach 50
percent by 2011.

• The percent of students graduating under the

RHSP or higher will reach 95 percent by 2011.

A-6
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
Major Components in Success:
• See pages _ _of Supporting Documentation

I. Increase Student I. Exceed National Averages

Achievement Students will perform at levels exceeding national 3 2 1
averages on a norm-referenced test.

Base Indicator:
• HISD will show an increase in the percentage of
non-special education students performing at or
th
above the 50 percentile in each subject area.

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

Major Components in Success:

• See page _ _ of Supporting Documentation

I. Increase Student J. Special Education Students

Achievement Improve the success of students served by special 3 2 1
education programs. The percentage of students
served by special education programs shall be
consistent with state and national averages.

Base Indicator(s):
• HISD will move the percentage of special
education students by race and gender to
match the percentage of total students by race
and gender.

• HISD will ensure Special Education students

are appropriately served.

A-7
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
• HISD will not exceed the federal cap on the
number of students counted as proficient on
alternative assessments.

Major Components in Success:

• See page __ of Supporting Documentation

I. Increase Student K. Dual Credit

Achievement Increase the number of students taking dual credit 3 2 1
courses and receiving college credit. Increase the
number of students enrolled in dual credit courses by
gender, ethnicity, and economically disadvantaged
status; and in the number of dual credit classes
offered.

Base Indicator(s):

• HISD will show an increase in the total number

of students enrolled in dual credit courses.

• HISD will show an increase in the number of

campuses offering dual credit district-wide.

• HISD will show an increase in the total number

of students receiving college credit for dual
credit courses as reflected under Special
Application Code "D" on student transcripts.

Major Components in Success:

• See page __ of Supporting Documentation

I. Increase Student L. Value-Added Growth

Achievement The district will show academic growth for students 3 2 1
using the Education Value-Added Assessment System
(EVAAS).

Base Indicator(s):

A-8
 .

Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

• HISD will show value-added growth in

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

• HISD will show a cumulative NCE gain across

grades and subjects. The target is an annual
1.5 NCE gain.

Major Components in Success:

• See page __ of Supporting Documentation

II. Provide a Safe Environment I A. Provide a Safe Environment

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

Base Indicators(s):
• Develop a long range plan including details on
implementation of all district-wide safety
initiatives and follow-up program review.

• Report data results regarding district's

fulfillment of its core value, "Safety Above All
Else".

• Report data giving details on violent or criminal

disciplinary incidents per campus and district-
wide.

Major Components of Success:

• See paqes of Supportinq Documentation

A-9
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
III. Increase Management A. Resources Devoted to Instruction
Efficiency Demonstrate progress in the efficient use of taxpayer 3 2 1
dollars and increase the monies spent on the teaching
and learning process.

Base Indicator(s):
• HISD will show an increase in the percent of
current budgeted school district monies
supporting campus-based instructional and
student services.

• HISD will meet or exceed state requirements on

the percent of operating monies devoted to
instruction.

Major Components in Success:

• See pages _ _ of Supporting Documentation

III. Increase Management B. Program and Services Evaluations I3 2

Efficiency Evaluations of all major programs will be conducted,
closely reviewed, and reported in accordance with
established schedules.

Base Indicator(s):
• The Administration will provide the required
number of program evaluations each year as
defined by the Board Monitoring System.

• Each year, the proposed district budget will

reflect increases, decreases, or reallocation of
monies arising from program evaluations.
These savings and/or reallocations will be
highlighted as evidence of program evaluation
effectiveness.

• The recommendations from the program

evaluations will be reflected in the annual
budqet.

A-lO
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment

Major Components in Success:

• See pages in Supporting
Documentation

III. Increase Management C. Teacher Quality I3 2 1

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

Base Indicator(s):
• HISD will show a decrease in the percent of
classroom vacancies 30 calendar days into the
instructional year.

• HISD will show a decrease in the number of

teachers assigned to math and science courses
outside their areas of certification.

• Each year, HISD will show an increase in

teacher attendance rates, relative to the
previous year.

• HISD will show an increase in the number of

teachers who are in teacher-leader roles as
defined by the career path program.

• HISD will demonstrate an increase in the

number of teachers qualifying for additional
performance pay.

Major Components in Success:

• See pages _ _ of Supporting Documentation

A-ll
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
IV. Improve Public Support and I A. Community Survey Results
Confidence in Schools Public confidence and support of schools will show I 3 2 1
improvement.

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

Major Components in Success:

• See page of Supporting
Documentation

IV. Improve Public Support and B. Enrollment Growth

Confidence in Schools Student enrollment and the daily attendance rate for I 3 2 1
students will increase.

Base Indicator:
• HISD will increase student enrollment counts
based on fall PEIMS submission (membership).
The annual target is a 0.4 percent increase
annually, exclusive of boundary changes.
• HISD will increase student attendance (ADA).
The annual target is a 0.3 percent increase
annually.

Major Components in Success:

• See page of Supporting
Documentation

V. Create a Positive District A. District Survey Results

Culture Employee and volunteer satisfaction will show I 3 2 1
improvement.

A-12
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
Base Indicator:
• Each biennium after the initial collection of
benchmark data and reporting of results, HISD
will show improvement in the majority of
measures tracked in each of the district's five
regions.

Major Components in Success:

• See pages __ of Supporting Documentation

VI. Provide Facilities-to- A. Long-Range Facilities Planning

Standard Demonstrate annual progress toward reaching district 3 2
Program standards for facilities (central administration, early
childhood, elementary, middle, and high school),
including square footage per student and costs per
square foot.

Major Components in Success:

• See pages _ _ of Supporting Documentation

VII. Maintains Effective A. Communications with Board

Relationship with the Increase governance efficiency by maintaining 3 2 1
Board effective lines of communication with board members.

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

• The Superintendent ensured that information I 3 2

A-13
 Domain/Performance Goal Criteria Descriptor Rating Board Member Comment
presented to the board was both timely and
relevant, was well-organized and succinct, and
where appropriate included input from the
board and from the community.

• The Superintendent worked equitably and 3 2

appropriately with individual members of the
board.

Major Components in Success:

• See page __ of Supporting Documentation

VII. Maintains Effective B. Representation of the Board and the District

Relationship with the Increased board and public confidence in the district by 3 2 1
Board effective representation of board actions and direction.

Base Indicator(s):
• The Superintendent represented board action 3 2 1
and district developments to the state and
community in a manner that inspired
confidence in the district and the board.

• The Superintendent reinforced the adopted 3 2

priorities of the board in public communications
and actions.

Major Components in Success:

• See page _ of Supporting Documentation

A-14
"

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 ATTACHMENT B

PERFORMANCE COMPENSATION CRITERIA

 --

Year 1 for 2009 2010 School Year

2008-09
modeled
Performance Compensation Criteria 0 1 2
.'
3 payout
l. Completion I Rate, Class of 2009:
«

$0 -$2,500 - 3,335 $- $5,000

< 3 3 - 3.5 4 All: 3.8; AA:
HISD will increase the percentage of students percentage percentage percentage percentage 3.3; H: 5.7;
identified as graduating or remaining in points points points points W: -1.4; E:
school based on a longitUdinal four-year
6.4 = $667 +
cohort for first-time ninth graders. The
$667 + $1,000
rate for the Class of 2008 is 80.6 percent
+ $1,000 =
for all students. The annual target is a $3,334
three percentage-point increase for all
students and each accountability student
group (All, AA, H, W, ED) . - Maximum payout
$5,000.
2. Commended Performance, 2010 TAKS: <2 3 subjects 4 subjects 5 subjects 3 subjects met
HISD will show an annual increase in the subjects meet or meet or meet or target =
percentage of students scoring at the meet or exceed exceed exceed $1,250
commended levels on the TAKS across grades by exceed target target target
subject. The annual target is a three target
percentage-point increase. Payout is half of
category maximum.

HISD will show an annual increase in the <2 3 subjects 4 subjects 5 subjects 3 subjects met
total number of campuses with an increased subjects meet or meet or meet or target =
percentage of students reaching the commended meet or exceed exceed exceed $1,250
level on TAKS, by subject. The annual target exceed target target target
is a three percentage-point increase. Payout target
is half of category maximum.
3. 2010 TEA Accountability: 6 AU to A -
$1,000 for every Academically Unacceptable to $6,000;
Academically Acceptable or higher campus. 47 AA to R/E =
$500 for every Academically Acceptable to $23,500;
Recognized/Exemplary campus. $250 for every 42 R to E =
Recognized to Exemplary campus. -$500 for $10,500;
every Academically Unacceptable campus. 12 AU = -
Maximum payout $- $5,000. $6,000;
$35,800 capped
to $5,000

4. Value-Added Growth, 2010 EVAAS: <4 grades - 5 grades - 7 grades - 8 grades 6 grades met
HISD will show value-added growth in meet meet meet meet target; NCE
estimated NCE gain greater than 1 standard target target target target growth was 3.2
B-1
 -'

error above the growth standard in all grades NCE = $5,000

on the composite measure across subjects.
1. 5> NCE 2> NCE 3.0> NCE
Or if the cumulative NCE gain across grades < than 1.5
and subjects is greater than the growth standard NCE
Maximum payout Maximum payout $5,000.
5. Gap Analysis on 2010 TAKS: <3 3 4 >5 White-African
HISD will eliminate the achievement gap percentage percentage percentage percentage American: 3.3
between white and African American students points points points points = $833;
on TAKS all tests taken. The annual target
1S a three percentage-point decrease. Payout
is one-third of category maximum.
White-
HISD will eliminate the achievement gap Hispanic: 2.3
between white and Hispanic students on TAKS = $0;
all tests tdken. The annual target is a three
percentage point decrease. Payout is one-
third of category maximum.
Non-Econ.
HISD will eliminate the achievement gap Disadv.-Econ.
between non-economically disadvantaged and Disadv.: 3.8 =
economically disadvantaged students. The $833
annual target is a three percentage-point
decrease. Payout is one-third of category
maximum.
6. Enrollment Growth, 2009-2010: <.4::' • 4 '"0- . 59 0 .6'0 I (198,769 to
HISD will continue to increase student 199,524)
enrollment counts based on fall PEIMS 0.4% = $833
submission (membership). The annual target
is a 0.4 percent increase, exclusive of
boundary changes. Payout is one-half of
category maximum. (95.1% to
95.1'6 )
HISD will increase student attendance (ADA). <.3% - .3'0 - .5% - 190 I 0% = $0
The annual target is a 0.3 percent increase.
Payout is one-half of category maximum.
HISD named as a Recognized District. An $0
extra $5,000 will be added on top of
calculated bonus for every year this is
achieved.
Total $0 - $15,000 - $20,010 - $30,000 I $18,333

B-2
Year 2 for 2010-2~11 School Year
Performance Compensation Criteria 0 1 2 3
$0 - $4,167 -
$5,558.33
- $6,333.33

1. Completion I Rate, Class of 2010: I f 2009 L% 3% - 3.5%

HISD will increase the percentage of students target met:
identified as graduating or remaining in school < 2%
based on a longitudinal four-year cohort for
first-time ninth graders. The annual target will I f 2009 - 3% - 3.5% 4 30
be set at two percentage-points annually for all target not
students and each student group meeting the met: < 3%
previous year's target. The annual target will
remain at three percentage points for all students
and each student group not meeting the previous
year's target. Maximum payout $8,333.33
2. Commended Performance, 2011 TAKS: <2 subjects 3 subjects 4 subjects 5 subjects meet or
HISD will show an annual increase in the meet or meet or meet or exceed target
percentage of students scoring at the commended exceed exceed exceed
levels on the TAKS across grades by subject. The target target target
annual target is a three percentage-point
increase. Payout is half of category maximum. S subjects meet or
exceed target
HISD will show an annual increase in the tocal <2 subjects 3 subjects 4 subjects
number of campuses with an increased percentage of meet. or meet or meet or
students reaching the commended level on TAKS, by exceed exceed exceed
subject. The annual target is a three percentage- target target target
point increase. Payout is half of category
maximum.
3. 2011 TEA Accountability:
$1,000 for every Academically Unacceptable to
Academically Acceptable or higher campus. $500
for every Academically Acceptable to
Recognized/Exemplary campus. $250 for every
Recognized to Exemplary campus. -$500 for every
Academically Unacceptable campus. Maximum payout
$8,333.33.
4. Value-Added Growth, 2011 EVAAS: <4 grades - S grades - 7 grades - 8 grades meet
HISD will show value-added growth in estimated NCE meet target meet meet target
gain greater than 1 standard error above the target target
growth standard in all grades on the composite 3> NCEs
measure across subjects. 1.5> NCEs 2> NCEs
Or if the cumulative NeE gain across grades and < than 1.5

B-3
 • ..
:

subjects is greater than the growth standard NCEs

5. Gap Analysis on 2011 TAKS: - 2.5 -2.5 -3 - 3.5 percentage

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

HISD will eliminate the achievement gap between

white and Hispanic students on TAKS all tests
taken. The annual target is a three percentage
point decrease. Payout is one-third of category
maximum.

HISD will eliminate the achievement gap between

non-economically disadvantaged and economically
disadvantaged students. The annual target is a
three percentage point decrease. Payout is one-
third of category maximum.

6. Enrollment Growth, 2010-2011 : I -

HISD will continue to increase student enrollment
<.4% I .4% I - .5'), I - .6'<,

counts based on fall PEIMS submission

(membership) . The annual target is a 0.4 percent
increase, exclusive of boundary changes. Payout
is one-half of category maximum.
I
<.3% I - • 39-0 I - • 5°,'0 I -1%
HISD will increase student attendance (ADA). The
annual target is a 0.3 percent increase. Payout
is one-half of category maximum.
HISD named as a Recognized District. An extra
$5,000 will be added on top of calculated bonus
for every year this is achieved.
Total $0 $- $25,000 I $- $33,350 $- $50,000

8-4
 \

:
~ ,
•

Year < for 2011-2012 School Year

Performance Compensation Criteria o 1 2 3
$6 $- - $13,333.33
$6,666.67 $8,893.33
1. Completion I Rate, Class of LOll: 2 o,' 2.5 So 30 0
I f 2010 -

HISD will increase the percentage of students target met:

identified as graduating or remaining in school < 29
0

based on a longitudinal four-year cohort for

first-time ninth graders. The annual target will I f 2010 3Q u - 3.5% - 4.0%
be set at two percentage-points annually for all target not
students and each student group meeting the met: < Y;
previous year's target. The annual target will
remain at three percentage points for all students
and each student group not meeting the previous
year's target. Maximum payout $13,333.33
2. Commended Performance, 2011 TAKS: <2 subjects 3 subjects
meet or
4 subjects
meet or
I5 subjects meet or
exceed target
HISD will show an annual increase in the meet or
percentage of students scoring at the commended exceed exceed exceed
levels on the TAKS across grades by subject. The target target target
annual target is a three percentage-point 5 subjects meet or
increase. Payout is half of category maximum. exceed target
<2 subjects 3 subjects 4 subjects
HI SO will show an annual increase in the total meet or meet or meet or
number of campuses with an increased percentage of exceed exceed exceed
students reaching the commended level on TAKS, by target target target
subject. The annual target is a three percentage-
point increase. Payout is half of category
maximum.
3. 2012 TEA Accountability:
$1,000 for every Academically Unacceptable to
Academically Acceptable or higher campus. $500
for every Academically Acceptable to
Recognized/Exemplary campus. $250 for every
Recognized to Exemplary campus. -$500 for every
Academically Unacceptable campus. Maximum payout
$- $13,333.33.
Note: The state is anticipated to refrain from
rating schools in 2012 as a new accountability
system as mandated from the last legislative
session will be rolled out for 2013. Payment of
this metric will be a carryover from the previous
year (calculated using 2011 ratings).

8-5
 .. 1.

•
4. Valu--Added Growth, 2012 EVAAS: .:::4 grades 5 <Fades - --, grades \ -8 grades meet
HIS, will show value-added growth in estimated NeE meet target 1- meet meet target
gain greater than 1 standard error above the target target
growth standard in all grades on the composite
measure across subjects. 2> NCEs
I 3.0> NCEs
, 1.5> NCEs I
Or if the cumulative NCE gain across grades and < than 1.5
subjects is greater than the growth standard NCEs
Maximum payout $13,333.33
5. Gap Analysis on 2012 TAKS: -<2.5 - 2.5 - 3 .::: 3.5percentage
HISD will eliminate the achievement gap between percentage percentage percentage points
white and African American students on TAKS all points points points
tests taken. The annual target is a three
percentage-point decrease. Payout is one-third of
category maximum.

HISD will eliminate the achievement gap between

white and Hispanic students on TAKS all tests
taken. The annual target is a three percentage
point decrease. Payout is one-third of category
maximum.

HISD will eliminate the achievement gap between

non-economically disadvantaged and economically
disadvantaged students. The annual target is a
three percentage point decrease. Payout is one-
third of category maximum.

6. Enrollment Growth, 2011-2012: I I -.4% I .5% I .6%

HISD \.;i 11 continue to increase student enrollment
counts based on fall PEIMS submission
(membership) . The annual target is a 0.4 percent
increase, exclusive of boundary changes. Payout
is one-half of category maximum.
I I 0.- .2'0 I - .3% I .5%
HISD will increase student attendance (ADA) . The
annual target is a 0.2 percent increase. Payout
is one-half of category maximum.
HISD named as a Recognized District. An extra
$5,000 will be added on top of calculated bonus
for every year this is achieved.
Total I $0 I $40,000 I $53,360 I $80,000

B-6