In 2012 an omnibus education bill, known as Act 82, was enacted. That law requires, in part, that new employment contracts for superintendents and assistant superintendents include objective performance standards mutually agreed upon by the Board of School Directors and the superintendent and assistant superintendent. The law mandates that those specific standards be posted on the school district website.
Further, the law requires that upon completion of the annual performance assessment, the Board of School Directors must post on the school district website the date of the annual assessment and whether or not the superintendent and assistant superintendent have met the agreed upon objective performance standards.
Many districts find compliance with the publication of the objective performance standards requirement is more easily met by posting the entire employment contract on the school district website.
It is important to note there is no penalty or oversight mechanism contained in the Act to insure compliance with this requirement. Therefore, enforcement would be subject to existing civil court procedures used to compel agencies to meet their governmental obligations, such as a Mandamus Action.
The provision’s author, former State Senator Jeffrey Piccola, has stated: “common sense would dictate that they (performance standards) be displayed sooner rather than later. If I were on a school board, I would want those performance goals set forth publicly at the very beginning of the superintendent’s tenure. It’s really up to the constituencies to put the pressure on the districts to comply.”
For school districts that have been unaware of these changes in the law, it is time to come into full compliance with 24 P.S. 10-1073.1 (b.1). Please contact Judy Shopp at js@mbm-law.net or Michael Brungo at mlb@mbm-law.net if you have any questions.
