l ,

CUMBERLAND VALLEY SCHOOL DISTRICT

SUPERINTENDENT'S EMPLOYMENT AGREEMENT

ARTICLE I -AGREEMENT

1.00 THIS SUPERINTENDENT'S AGREEMENT ("Agreement"), is made and entered into this
7th day of March, 2016, by and between CUMBERLAND VALLEY SCHOOL DISTRICT, a school
district of the Commonwealth of Pennsylvania, hereinafter called "School District" and FREDERICK S.
WITHUM, Ill, Ed.D, an adult individual, hereinafter called "District Superintendent."

ARTICLE II- PREAMBLE

2.00 WHEREAS, the Board of School Directors of Cumberland Valley School District
(hereinafter "Board of School Directors" or "Board") at a regular meeting duly and properly called on the
9th day of September, 2013, did appoint and elect FrederickS. Withum, Ill, Ed.D to the office of District
Superintendent for Cumberland Valley School District to a term of three (3) years commencing October
1, 2013, and ending September 30, 2016; and

WHEREAS, in accordance with the provisions of Sections 508, 1001, 1071, 1073, and
1081 of the Commonwealth of Pennsylvania's Public School Code of 1949, as amended (hereinafter
"Public School Code"), at a regular meeting duly and properly called on the 7th day of March, 2016, the
Board of School Directors did reappoint and elect FrederickS. Withum, Ill, Ed.D to the office of District
Superintendent for Cumberland Valley School District for a new five (5) year term commencing July 1,
2016, and ending June 30, 2021; and

WHEREAS, School District and District Superintendent now desire to enter into this
Agreement for the purposes of confirming the terms and conditions of the employment and desire to
confirm their understanding in writing.

NOW, THEREFORE, the parties hereto, each intending to be legally bound and in
consideration of the mutual covenants herein contained, agree as follows:
 ARTICLE Ill- DURATION AND ACCEPTANCE OF AGREEMENT

3.00 School District in accordance with the appointment and election of the District
Superintendent does hereby employ Frederick S. Withum, Ill, Ed.D for a term of five (5) years
commencing July 1, 2016, and ending June 30, 2021 {"Term").

3.01 District Superintendent, by the execution of this Agreement, hereby accepts employment
by School District as District Superintendent for the Term under the terms and conditions set forth in
this Agreement.

3.01 The Superintendent~Employment Agreement datecr-Septemoe(~9~ZOT3, 6y ancr---~-~

between Cumberland Valley School District and Frederick S. Withum, Ill, Ed.D shall terminate
automatically and in its entirety upon commencement of District Superintendent's new five (5) year term
of office on July 1, 2016.

ARTICLE IV- NATURE AND TERMS

MANAGEMENT SERVICES

4.00 During the Term District Superintendent agrees to serve as chief administrator of the
School District and perform the duties of District Superintendent in a competent and professional
manner in accordance with the laws of the Commonwealth of Pennsylvania, the policies and procedures
of the Board of School Directors of School District and the provisions of this Agreement.

QUALIFICATIONS

4.01 District Superintendent shall maintain throughout the Term a valid and appropriate
certificate and commission to act as District Superintendent in the Commonwealth of Pennsylvania and
to present the same as directed by the Board of School Directors. District Superintendent agrees to
devote his full time, skill, labor and attention to the duties of the District Superintendent during the Term,
provided, however, that the District Superintendent, subject to the approval of the Board of School
Directors, may undertake speaking engagements, writing, lecturing or other professional duties and
obligations which do not interfere with District Superintendent's obligations pursuant to this Agreement.

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ADMINISTRATION

4.02 The administration of school policies, the operation and management of the schools, and
the direction of the employees of the School District shall be through District Superintendent. District
Superintendent is also responsible for all duties specifically enumerated in the job description appearing
in Appendix A, which is attached hereto and incorporated herein by reference. Further, School District
and District Superintendent agree:

A. District Superintendent shall have the authority and discretion, subject to

the School Board's approval, to organize, reorganize and arrange administrative and
supervisory staff which in his judgment best serves the School District.

B. The administration of instruction and business affairs will be within the

responsibility of District Superintendent and administered by him with the assistance of his staff,
and the responsibility of selection, placement and transfer of personnel shall be vested in the
District Superintendent and his staff.

C. The Board of School Directors, individually and collectively, will refer

promptly to the District Superintendent all criticisms, complaints and suggestions called to their
attention for District Superintendent's study and recommendation according to School District
policy and practice.

D. District Superintendent shall, in accordance with applicable law,

participate in the meetings of the Board of School Directors, except as set forth below. District
Superintendent or his designee shall have the right to attend all regular or special meetings of
the Board of School Directors and all committee meetings thereof except as noted, and shall
serve as an advisor to the Board committees on all matters affecting the School District. District
Superintendent shall not have a vote with respect to the Board of School Directors. Unless
otherwise directed by the School Board, District Superintendent shall not participate in any
executive sessions at which the Board of School Directors discusses the District
Superintendent's evaluation or District Superintendent's compensation, or both.

E. District Superintendent shall, unless otherwise directed by the School

Board, participate in collective bargaining negotiations in an advisory capacity.

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 F. District Superintendent shall be responsible for such other duties as may
be required by the Board of School Directors from time to time.

ASSESSMENT

4.03 The Board shall evaluate the District Superintendent annually, in accordance with
Pennsylvania law. Beginning in 2017, the evaluation will take place no later than December 31 51 of
each year, using the Superintendent Performance Evaluation Form, attached hereto as Appendix B,
unless otherwise agreed upon by District Superintendent and the Board of School Directors. (District
Superintendent and the Board of School Directors acknowledge that the District Superintendent's prior
Employment Agreement dated September 9, 2013 established an assessment period requiring an
annual evaluation to be completed no later than May 31st of each year. District Superintendent and the
Board of School Directors agree to adjust the assessment period for the District Superintendent so as
to coincide with the assessment period used for Act 93 personnel. Consequently, District
Superintendent and the Board of School Directors agree to undertake a mid-point assessment review
in June 2017, with the first official assessment under this Agreement to be conducted no later than
December 31, 2017.) Any assessment system selected shall require the Board of School Directors to
reach a consensus on the Superintendent's performance in every area of the evaluation rather than
'averaging' the feedback of the Board. In the event the Board consensus determines that the
performance of the Superintendent is unsatisfactory in any respect, it shall describe in writing the
specific instances of unsatisfactory performance. A copy of the written evaluation shall be delivered to
the Superintendent.

A. The performance of the District Superintendent shall be assessed against the objective
performance standards listed below. The Board and Superintendent hereby mutually
agree to the following performance standards:

Student Growth and Achievement: Superintendent uses multiple data sources to assess
student success and growth as appropriate, specific to needs within the District and as
determined annually in collaboration with the Board of School Directors. Annual or other
District performance objectives are articulated and clearly achieved under the direction
of the Superintendent relative to PSSA, PVAAS, and other locally determined measures.
Superintendent has sustained the annual dropout rate at or below the running six-year
average. With the implementation of Keystone exams, Superintendent shall establish
an effective benchmarking system that measures and improves student achievement
and performance. Superintendent shall seamlessly implement all Pennsylvania
academic standards.

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 Organizational Leadership: Superintendent has worked collaboratively with the Board
to develop a vision for the District, displays an ability to identify and rectify problems
affecting the District, works collaboratively with District administration to ensure best
practices for instruction, supervision, curriculum development, and management are
being utilized, and works to influence the climate and culture of the District.
Superintendent has sustained the Silver Award from U.S. News & World Report's
America's Best High Schools rating, to the extent required by the Board of School
Directors and incorporated into the District Superintendent's annual goals any given
year.

District Operations and Financial Management: Superintendent manages effectively,

ensuring completion of activities associated with the annual budget; overseeing
distribution of resources in support of District priorities; and directing overall operational
activities within the District.
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Communication and Community Relations: Superintendent communicates with and

effectively engages the staff, the Board, and members of the community, clearly
articulating District goals and priorities, addressing local and broader issues affecting the
District, and building support for District initiatives, programs and short/long-range plans.

Human Resource Management: Superintendent incorporates best practices for human

resource management and oversight, coordinating staffing, recruitment, and other
human resource functions. Superintendent shall effectively implement the PA
Department of Education's new teacher evaluation model.

Professionalism: Superintendent models professional decision-making processes and

ethical standards consistent with the values of Pennsylvania's public education system
as well as that of the local community. Superintendent additionally works to individually
reflect upon her/his professional development literature and activities.

B. The key performance indicators under each objective performance standard will undergo
an annual review by the Superintendent and the Board of School Directors.
Modifications may be made by the Board of School Directors to address the current
nature of challenges, issues and needs facing the District.

C. The Board shall evaluate the Superintendent annually in accordance with statutes,
regulations and Board policy relating to the Superintendent evaluation. Each annual
evaluation shall be in writing and shall represent a consensus of the Board. The written
performance assessment will be conducted no later than May 31 51 (or another date
depending on your evaluation cycle). The Superintendent's performance related to the
objective performance standards will be posted on the District's website.

In addition to the foregoing annual performance assessment, at the direction of the Board of
School Directors, the District Superintendent shall participate in, and be subject to, a "360 Performance

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Appraisal" which shall be designed to solicit feedback from members of the Board of School Directors,
School District administrative cabinet members, and other identified stakeholders, regarding District
Superintendent's job performance. The 360 Performance Appraisal format and process shall be subject
to prior approval by the Board of School Directors. The 360 Performance Appraisal shall not be used
to measure District Superintendent's achievement of annual performance assessment criteria or directly
factor into the Board of School Directors' decisions to award incentive compensation to District
Superintendent pursuant to Paragraph 6.00(B) herein. Rather, the 360 Performance Appraisal shall be
utilized by the Board of School Directors and District Superintendent to:

A. assess and measure District Superintendent's managerial style and

leadership style;

B. provide feedback on how others perceive District Superintendent;

C. address District Superintendent's skills, such as listening, planning, and

goal-setting;

D. assess subjective criteria, such as teamwork, character, and leadership

effectiveness; and

E. measure and evaluate other criteria critical to the School District and
District Superintendent's position as chief administrator.

ARTICLE V- SCHOOL DISTRICT

RETAINED POWERS

a. The School District on its own behalf and on behalf of the electors of the School
District, specifically retains and reserves unto itself all powers, rights, authority, duties and
responsibilities conferred upon and vested in School District in accordance with applicable law. The
rights and powers of the School District shall only be limited by the specific and expressed terms of this
Agreement.

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 ARTICLE VI -COMPENSATION AND BENEFITS
COMPENSATION

6.00 The Board of School Directors and District Superintendent agree to the following terms
and conditions as they relate to District Superintendent's employment:

A. During the first year of this Agreement, District Superintendent's annual base salary shall
be One Hundred Seventy Thousand ($170,000.00) Dollars. At the beginning of each
subsequent fiscal year (beginning July 1, 2017, and each subsequent July 151 during the Term
of this Agreement) the base salary (not to include annual incentive pay payable under Paragraph
6.00(C) herein) will be raised by two (2%) percent. Base salary increases will only be awarded
based on an overall performance evaluation of "proficient" or "distinguished".

B. The District Superintendent's annual base salary may be adjusted, from time to time, by
mutual agreement between District Superintendent and the Board of School Directors,
memorialized in a written addendum to this Agreement in accordance with Paragraph 8.00(B).

C. In addition to the annual base salary payable to the District Superintendent in Paragraph
6.00(A) above, each school year during the Term of this Agreement, the Board of School
Directors shall provide for annual incentive compensation of a maximum of Five Thousand
($5,000.00) Dollars for payment to the District Superintendent based upon District
Superintendent's performance during that school year. The maximum of Five Thousand
($5,000.00) Dollars shall be payable to District Superintendent as incentive compensation,
pending the District Superintendent achieving the goals or criteria and parameters approved by
the Board of School Directors, as provided for herein. Incentive compensation will only be
awarded based on a performance evaluation of "proficient" or "distinguished". Incentive
compensation awarded to the District Superintendent each year under this Agreement shall be
added to the District Superintendent's base salary and it is the express intention of the School
District and District Superintendent that the incentive compensation shall be retirement-covered
compensation under the Public School Employees Retirement System ("PSERS) Retirement
Code. To that end, the parties acknowledge that the incentive compensation is tied to the actual
work performance of the District Superintendent; the performance goals for the incentive
compensation shall be established annually for each school year in accordance with this
Agreement; this Agreement provides an objective method for calculating the incentive

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 compensation; and the School District is obligated by the terms of this Agreement to pay the
District Superintendent the incentive compensation if the performance goals are met. The
foregoing notwithstanding, the School District makes no warranties or representations that the
incentive compensation payable to District Superintendent hereunder, in fact, will be accepted
by PSERS as retirement-covered compensation.

D. The annual salary payable to District Superintendent shall be paid periodically in

accordance with School District's policies. In any fiscal year (beginning July 151 ) in which the
District Superintendent is employed for less than 365 days, the annual salary payable to District
Superintendent shall be prorated based upon the number of days of employment during said
f1scal year.

VACATIONS AND HOLIDAYS

6.01 District Superintendent shall receive twenty (20) days of vacation leave with full pay
during each year of the Term of this Agreement, which vacation leave shall accrue at a rate of 1.67
days per month. District Superintendent may accumulate, in the aggregate, a total of five (5) vacation
days which may be carried over into the following school year. Any unused vacation days in excess of
five (5) vacation days carried over into the following school year shall be automatically converted to sick
days. In the event Superintendent resigns from employment with the School District, he shall be eligible
to receive a per diem payment of unused accrued vacation days as of the date of his resignation.
Superintendent shall be responsible for repayment of vacation days used beyond the pro-rated amount
of vacation days earned as of the date of termination of employment, under any reason of separation
of employment with the School District.

6.02 District Superintendent shall be entitled to receive with full pay all holidays available to
administrative employees covered under the School District's administrator compensation plan adopted
pursuant to Section 1164 of the Public School Code (24 P.S. 11-1164) ("Act 93 Agreement").

SICK LEAVE

6.03 Upon commencement of employment with the School District on October 1, 2013,
District Superintendent transferred 150 sick days from his prior public school employer. Transferred sick
days are not paid to the employee upon retirement or death. Any sick days used by the District
Superintendent while employed by the Cumberland Valley School District shall be deducted from the

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transferred sick days first. District Superintendent shall receive twelve (12) work days of sick leave with
full pay each year of this Agreement, which shall accrue at a rate of one (1) day per month each year
of this Agreement. The unused portion of such accrued sick leave shall be cumulative and accrue from
year to year without limit. Upon retirement or death, District Superintendent shall be entitled to
additional compensation for accumulated unused sick leave accrued during his employment with School
District. District Superintendent's right to payment of accumulated unused sick leave upon retirement
or death shall vest immediately without regard to years of employment with School District. School
District shall pay Superintendent upon retirement, or pay Superintendent's estate upon death, for
accumulated unused sick leave based on the District Superintendent's then-current per diem rate. ("Per
diem rate" shall be calculated by dividing the District Superintendent's then-current annual base salary
by the cumulative number of contract work days in the preceding 12-month period.) The foregoing
notwithstanding, the maximum benefit for accumulated unused sick leave payable to District
Superintendent upon retirement, or to District Superintendent's estate upon death, shall be $30,000.00.
District Superintendent may use his days of sick leave to care for members of his "immediate family" as
that term is defined in the "Bereavement Leave" subparagraph of this Agreement. Sick days used for
members of his "immediate family" will be deducted from his allocated sick leave in the same manner
as those used for his own illness.

PERSONAL LEAVE

6.04 District Superintendent shall receive three (3) days of personal leave with full pay each
year of this Agreement credited in full on July 1st of each year of this Agreement. The unused portion
of such allowance of personal leave shall accrue from year to year; provided that the total number of
personal days that may accrue in the aggregate shall not exceed six (6) days. The District
Superintendent may carry forward in this Agreement and be credited on July 1, 2016 with all of his
unused personal leave accrued during his employment with the District, up to a maximum of six (6)
days, including the three (3) days of personal leave to be awarded on July 1, 2016. Superintendent
shall have the right to have a maximum of two (2) personal leave days per year transferred and added
to his sick leave. In the event this Agreement is terminated voluntarily, all unused days of personal
leave shall be converted to days of sick leave.

BEREAVEMENT LEAVE

6.05 District Superintendent shall be entitled to up to five (5) days of bereavement leave, with
full pay, because of a death in District Superintendent's immediate family. "Immediate family" is defined

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as father, mother, brother, sister, spouse, son, daughter, someone residing in the same household or
any person with whom the District Superintendent lives at the time of said death. District Superintendent
shall be entitled to three (3) days of bereavement leave, with full pay, because of a death of a near
relative. "Near relative" is defined as grandparent, grandchild, son-in-law, daughter-in-law, parent-in-
law, brother-in-law, or sister-in-law. District Superintendent shall be entitled to one (1) day of
bereavement leave, with full pay, because of the death of another relative. "Another relative" is defined
as an aunt, uncle, niece, nephew, or first cousin. In the event that it is necessary for the District
Superintendent to travel more than four hundred (400) miles round trip because of the death of a near
relative or another relative, the District Superintendent shall be entitled to one (1) additional day of
bereavement leave, with full pay.

JURY DUTY AND COURT APPEARANCES

6.06 District Superintendent shall be permitted to attend, without loss of pay or benefits, jury
duty, court and other judicial and administrative appearances for any proceeding in which he is
subpoenaed to appear.

HEALTH BENEFITS

6.07 District Superintendent shall receive the following health insurance coverage and
benefits in accordance with School District's policies:

A. In each school year during the Term, School District shall provide for the
benefit of District Superintendent and District Superintendent's eligible dependents medical and
hospitalization insurance, as provided to Act 93 employees, subject to the same terms and
conditions set forth in the Act 93 Compensation Plan in effect that school year. District
Superintendent reserves the right to opt out of medical and hospitalization insurance coverage
for himself and his eligible dependents, as provided for herein, during any school year during
the Term, in which case District Superintendent shall receive 25% of the annual premium
savings, based upon the annual premium for the Standard PPO Plan for individuals. If District
Superintendent opts out of medical and hospitalization insurance coverage, School District shall
pay the 25% annual premium savings buyout amount in two installments in September and
March of that school year. District Superintendent may join or rejoin, as the case may be, School
District's medical and hospitalization insurance plan, if necessary, upon providing proof of a

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 qualifying event resulting in the loss of District Superintendent's loss of alternate coverage. If
District Superintendent joins or rejoins the School District's medical and hospitalization
insurance plan, District Superintendent shall not be eligible for any further buyout payments that
school year. Buyout payments payable to District Superintendent hereunder shall be prorated
in any fiscal year (beginning July 151) in which District Superintendent is employed for less than
365 days. If the District Superintendent elects, buyout payments may be made in the form of a
non-elective employer contribution into the District Superintendent's 403(b) account up to the
applicable 415( c) limits.

B. In each school year during the Term, School District shall provide for the
benefit of the District Superintendent and District Superintendent's eligible dependents dental
insurance, as provided to Act 93 employees, subject to the same terms and conditions set forth
in the Act 93 Compensation Plan in effect that school year.

C. In each school year during the Term, School District shall provide for the
benefit of District Superintendent and District Superintendent's eligible dependents vision
insurance, as provided to Act 93 employees, subject to the same terms and conditions set forth
in the Act 93 Compensation Plan in effect that school year.

TUITION REIMBURSEMENT, CONTINUING EDUCATION AND PROFESSIONAL DEVELOPMENT

6.08 District Superintendent shall be eligible to participate in the current qualified extra-credit
reimbursement and qualified educational reimbursement tuition programs available to Act 93
administrative employees, provided, however, that the Board of School Directors (not District
Superintendent) must approve the courses and credit and the course work, as applicable.

TECHNOLOGY

6.09 If technologically practicable, School District shall provide for the benefit of the District
Superintendent a laptop or tablet computer with wireless capabilities to be used for official business
purposes only in accordance with School District policy. Throughout the term of this Agreement, the
District Superintendent shall continually maintain a smart phone capable of receiving and responding
to phone calls, voice mails and e-m ails. The phone number for that smart phone shall be published for

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 use by the District Superintendent, Board of School Directors, central office personnel and Act 93
employees. The School District shall pay the District Superintendent an allowance of $60 per month
toward the cost of maintaining the smart phone and data service. Such payments shall be made bi-
annually. The phone shall remain the property of the District Superintendent. The District
Superintendent may utilize the phone for his personal use.

DISABILITY INSURANCE

6.10 School District shall provide for the benefit of the District Superintendent a long term
disability insurance plan, consistent with the long term disability insurance plan currently offered to Act
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and the plan shall pay a monthly benefit equal to 60% of the District Superintendent's basic monthly
earnings, with a maximum monthly benefit of $7,500. The benefit period under the long term disability
plan shall be until the age of 65, if the disability occurs prior to age 60. If the disability occurs after age
60, the benefit period shall be reduced in accordance with the benefit schedule set forth in the benefit
plan. If the disability is permanent and District Superintendent receives other income in the form of
disability insurance benefits, including but not limited to Social Security Disability Insurance income,
these income amounts shall be deducted from the monthly benefit payable under the long term disability
insurance plan provided for herein.

LIFE INSURANCE

6.11 The District shall provide to the District Superintendent and pay the full cost of group life
insurance in an amount equal to two (2) times the Superintendent's base salary, rounded to the nearest
thousand dollars.

OTHER BENEFITS

6.12 With respect to the enumerated benefits specifically set forth herein, to the extent that
School District administrative employees receive or are entitled to increased or a higher level of said
enumerated benefits, as specified in the School District's administrator compensation plan adopted
pursuant to Section 1164 of the Public School Code (24 P.S. 11-1164), as may be amended from time
to time during the term of this Agreement, District Superintendent shall be entitled to the same increased
or higher level of benefits. Any decrease or reduction in benefits or incentives to School District

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administrative employees that effect this Agreement will not reduce the benefits and incentives provided
to the District Superintendent during the term of this Agreement but may be discussed upon any
Agreement renewal.

EXPENSE AND MILEAGE REIMBURSEMENT ALLOWANCE

6.13 District Superintendent shall be entitled to reimbursement for mileage associated with
use of private vehicle in the performance of District Superintendent's duties up to Five Hundred
($500.00) Dollars per month, which said reimbursement shall be based on the current mileage
allowance as established by the Internal Revenue Service, as the same _may be changed or modified
from time to time.

PROFESSIONAL ASSOCIATIONS

6.14 District Superintendent is entitled to be a member of professional organizations and

School District agrees to pay the dues for membership for one (1) state and one (1) national
organization.

MEETINGS, CONVENTIONS AND SEMINARS

6.15 The duties of District Superintendent require his presence at meetings, conventions and
seminars in order that District Superintendent can maintain an awareness of current programs,
problems and information. District Superintendent's attendance at seminars, workshops, in-service
programs, school activities and graduate education programs is deemed necessary by the School
Board in order to maintain knowledge and skills required of his position. School District considers the
expenses involved in such activities to be directly related to District Superintendent's duties and
appropriate for reimbursement in accordance with existing School District policies.

COMPREHENSIVE MEDICAL EXAMINATION

6.16 District Superintendent shall have a comprehensive medical examination annually

during the Term. District Superintendent hereby authorizes the consulting physician or health care
provider to submit a statement certifying to the physical competency of the District Superintendent which
said statement shall be filed with the President of the Board of School Directors and shall be treated as

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confidential by School District. The School District shall reimburse District Superintendent for otherwise
non-reimbursed expenses incurred with respect to each annual physical in an amount not to exceed
One Hundred Fifty ($150.00) Dollars.

RESIDENCY REQUIREMENTS

6.17 Residency requirements shall not be considered a condition of employment or continued

employment.

ARTICLE VII- REAPPOINTMENT AND TERMINATION

REAP POl NTMENT

7.00 At a regular meeting of the Board occurring at least one hundred fifty (150) days prior to
the expiration of the District Superintendent's Term as set forth in this Agreement, the Board shall take
affirmative action by five or more members of the Board to notify the District Superintendent that the
Board intends to retain him for a further term from three (3) years to five (5) years or that another or
other candidates will be considered for the office.

TERMINATION OF AGREEMENT

7.01 This Agreement may be terminated prior to the end of the Term of this Agreement as follows:

A. Throughout the Term of this Agreement, District Superintendent shall be subject to

discharge and termination of this Agreement for valid and just cause for the reasons
specified in section 1080 of the Public School Code. However, the Board shall not
arbitrarily or capriciously call for his dismissal and District Superintendent shall in any
event have the right to written charges, notice of hearing, fair and impartial hearing, all
elements of due process, and the right to appeal to a court of competent jurisdiction. At
any such hearing before the Board, District Superintendent shall have the right to be
present and to be heard, to be represented by counsel, and to present evidence, through
witnesses, testimony, and documentation relevant to the issue. A transcript of the record
of proceedings before the Board shall be made available without charge to District

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 Superintendent. District Superintendent shall have the right to be represented by
counsel at his sole cost and expense

B. This Agreement may be terminated by the resignation or retirement of District

Superintendent at any time provided he gives the Board at least sixty (60) days' notice
prior to the effective date of the resignation or retirement.

C. This Agreement may be terminated by the mutual consent and written agreement of
District Superintendent and the Board.

EARLY RELEASE

7.02 In the event the District Superintendent wishes to be released from this Agreement prior to the
end of the Term, District Superintendent shall notify the Board of School Directors, in writing, 90 days
prior to the date requested from release.

EARLY SEVERANCE OPTIONS

7.03 The Board of School Directors and District Superintendent may negotiate a severance of the
District Superintendent's employment prior to the expiration of the term of this Agreement. In such
event, the Board of School Directors may authorize a severance payment to the District Superintendent
in accordance with the following:

(i) if the negotiated agreement takes effect two (2) years or more prior to the end of
the specified contract term, a severance payment not to exceed the equivalent of one
(1) year's compensation and benefits otherwise due under the contract.

(ii) if the negotiated agreement takes effect less than two (2) years prior to the end
of the specified contract term, a severance payment not to exceed the equivalent of one-
half of the total compensation and benefits due under the contract for the remainder of
the term.

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 ARTICLE VIII- MISCELLANEOUS

8.00 The following provisions shall be applicable to this Agreement.

A. Professional Liability. The Board agrees that it will defend, hold harmless
and indemnify the Superintendent from any and all demands, claims, suits, actions and legal
proceedings brought against the Superintendent in his individual capacity or in his official
capacity as agent and employee of the Board, in accordance with the Tort Claims Act, 42
Pa.C.S.A. §8501 et seq., or as otherwise required by law.

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B. This Agreement shall be binding upon and shall inure to the benefit of
School District and its successor. This Agreement shall be binding upon and shall inure to the
benefit of District Superintendent and, to the extent applicable, his personal representatives and
heirs.

C. This Agreement shall not be amended, changed or modified, except in

writing signed by School District and District Superintendent.

D. Should any article, section, clause or provision of this Agreement be

declared illegal or unenforceable by a court of competent jurisdiction, said article, section, clause
or provision shall be deleted from this Agreement to the extent that it violates the law. The
remaining articles, sections, clauses and provisions shall remain in full force and effect for the
Term if not affected by the deleted article, section, clause or provision. If at any time thereafter
such article, section, clause or provision shall no longer conflict with the law, then it shall be
deemed restored and remain its full force and effect as if it had never been in conflict with the
law.

E. This Agreement shall be governed and construed in accordance with the

laws of the Commonwealth of Pennsylvania.

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 IN WITNESS WHEREOF, the parties, individually and by its duly authorized officers, have caused this
Agreement to be signed and delivered, in duplicate, as of the day and year first above written.

School District:

ATTEST: Cumberland Valley School District

Michael Die ach, Secretary

By: _c:. _ _ _7JIIL-
-_ //~:,~£---/___
nt
_
Board of School Directors Board of School Directors

---11--------------------------------~-----------

District Superintendent:
WITNESS:

:764454v1
12050-391

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 APPENDIX A
SUPERINTENDENT RESPONSIBILITIES/JOB DESCRIPTION

TITLE: Superintendent

JOB SUMMARY: Serve as the Chief Executive Officer of the School District. Provide leadership in
developing and maintaining comprehensive educational programs and services
that advance the mission of the District. Oversee and administer the use of all
District facilities, property, and funds to ensure maximum efficiency. Supervise
School District administrative staff.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

1. Provide educational leadership that offers a quality education for all District students.
2. Administer the school code and all legal requirements pertaining to public education, and
the policies and administrative procedures of the School District.
3. Establish annual areas of focus and initiatives adopted by the School Board and move
the School District toward the fulfillment of Board-defined goals.
4. Provide input and information to the Board of Directors to assist them in developing
policies and in their decision-making.
5. Develop, implement, and lead the District's strategic/comprehensive planning effort in
accordance with PDE requirements and the specific needs of the Cumberland Valley
School District.
6. Organize, administer, and supervise all school departments and personnel in order to
produce the educational goals established by the School District; coordinate an effective
recruitment, hiring and orientation program to attract and retain qualified staff members.
7. Establish and maintain a sound organization, which will provide for all essential functions
of the District, recommending proposed organization revisions, selection, appointment,
transfer, promotion, reduction or termination of school personnel.
8. Supervise the preparation and presentation of the annual budget; provide overall control
of the District's financial activities and take appropriate action to assure that expenses
are kept within currently approved budgetary limits.

18
 9. Visit the District schools on a regular basis to monitor the effectiveness of District policies
and programs, and attend District-wide events; make recommendations to the Board of
Directors regarding their adequacy.
10. Oversee and facilitate all School District construction and renovation projects and act as
a liaison to the School Board for all construction matters.
11. Maintain active contact and familiarization with all local, state and federal programs.

MARGINAL DUTIES AND RESPONSIBILITIES:

1. Represent the School District at local, state, and national meetings appropriate to the
educational program.
2. Assign various administrative tasks to appropriate members of the leadership team and
monitor the successful completion of those tasks.
3. Oversee a comprehensive and positive public relations program that promotes the
School District in the community.
4. Promote close cooperation between parents, teachers, and other School District staff as
well as represent the School Board as a liaison between the School District and
community.
5. Perform other duties as assigned by the Board of Directors.

19
 APPENDIXB

SUPERINTENDENT PERFORMANCE EVALUATION FORM

This evaluation tool uses the below assessment measures as a basis for indicating your impression of
the superintendent's performance in the areas of Student Growth and Achievement; Organizational
Leadership; District Operations and Financial Management; Communication and Community
Relations; Human Resource Management; and Professionalism.

Distinguished • Performance is clearly outstanding

• Performance is superior, far exceeding expectations
• Performance is exceptional on a regular or continuous basis -
the superintendent far outperforms relative to minimum
expectations
-proficient ·· - · • Adequately performs all functions within the role, meeting.oi
occasionally exceeding expectations
• Performance is adequate, meeting or occasionally exceeding
standards or expectations generally associated with performance
Needs Improvement • Periodically fails to meet expectations associated with assigned
tasks, targeted goals, or professional competencies
• Performance is less than adequate on a periodic or frequent
basis - the superintendent may be developing within the
position, but needs to improve to be considered proficient
Failing • Performance is below acceptable levels
• Fails to meet most expectations associated with the role of
superintendent - substantial professional improvement is
needed before the superintendent can be considered proficient
in the role

The superintendent is evaluated on each of six Objective Performance Standards. Objective

Performance Standards should be included in the superintendent's contract, and are the basis for the
overall performance rating made available to the public at the completion of the performance review.
Below each Objective Performance Standard are several customizable Key Performance Indicators
that may help board members and the Board to assess overall performance in each Standard.
Boards are encouraged at the beginning of the evaluation cycle to discuss each Objective
Performance Standard to determine if and what changes should be made to the Key Performance
Indicators so that they remain representative of the collective expectations of the Board.

Superintendent's Name

Evaluator's Name School Year

20
 Using the ratings described above, place an "X" in the appropriate box indicating the superintendent's
performance in each area.

Objective Performance Standard

Student Growth and Achievement

Superintendent uses multiple data sources to assess student ...

success and growth as appropriate, specific to needs within the ;
district and as determined annually in collaboration with the ~
board of school directors. Annual or other district performance ~ ~
objectives are articulated and clearly achieved under the ~ ... C.
direction of the superintendent relative to PSSA, PVAAS, and s, ; .§
----11-----1-otb.edocall.y--deter:mined-measur:es .- - - - - - - - - - · - - - - - -.=-
-~-· -~- -~-~----·---­
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Kev Performance Indicators 0 c.. zQ) u.
Effectively works with the Board to develop and monitor district policy
and administrative regulations related to Student Growth and
Achievement
Demonstrates understanding and appropriate use of performance
measures established within the district in support of specific goals
and initiatives
Appropriately monitors student achievement on PSSA tests and
Keystone Exams and has actively developed successful strategies for
improvement including meeting annual requirements for Adequate
Yearly Progress
Monitors, oversees, and encourages use of PVAAS data among
professional staff with regard to making curricular, staffing, and
strategic planning decisions within the district
Has ensured all performance targets for staff and students have been
met for the most current evaluation period

How would you classify the superintendent's overall performance in the area of Student Growth and
Achievement?

I Distinguished I Proficient Needs I Failing

I Improvement

Comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

21
 Objective Performance Standard

Organizational Leadership -

Superintendent has worked col/aboratively with the Board to

develop a vision for the district, displays an ability to identify
and rectify problems affecting the district, works collaboratively
...
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with district administration to ensure best practices for E

Q)
instruction, supervision, curriculum development, and "0 >
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...c.0
management are being utilized, and works to influence the
climate and culture of the district.
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Kev Performance Indicators
Effectively works with the board to develop and monitor district policy
-anEl-aElministr-ative-re§ulatiens relateEI te Gr§ani:z.atienal l::eaeefship
Has ensured priorities and initiatives are in alignment with a clearly
defined and well-articulated vision for the district
Has developed and implemented operational plans and processes to
accomplish strategic goals
Demonstrates an ability to assist and motivate others in achieving
personal, professional, and district qoals
Is skilled in identifying, analyzing, and resolving problems that impact
the district
Maintains a regular presence in district buildings and at district events
for the purpose of monitoring effectiveness of programming
Uses strategic initiatives and district performance data to identify
appropriate professional development opportunities for staff within the
district
Works appropriately within the role of instructional leader, while
providing clear direction for teachers and administrators regarding
curricular decisions
Demonstrates clear understanding of board/superintendent
relationship including appropriate roles and responsibilities
Ensures compliance with all applicable local, state, and federal
laws/regulations

How would you classify the superintendent's overall performance in the area of Organizational
Leadership?

I Distinguished I Proficient I Needs I Failing

Improvement

Comments:

22
 Objective Performance Standard

District Operations and Financial Management

Superintendent manages effectively, ensuring completion of ...

r:::
Q)
activities associated with the annual budget; overseeing E
distribution of resources in support of district priorities; and "C
Q)
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Q)
...c..
0
directing overall operational activities within the district. ..r:::
.~ ...
r::: E
Key Performance Indicators
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.~
c
...0
c.. z
Q)
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LL

Effectively works with the board to develop and monitor district policy
and administrative regulations related to District Operations and
----u----I-Frcl=n=an=c=la=I"'Management
Regularly assesses state of district facilities and equipment and
develops replacement and updating schedules as appropriate
Demonstrates knowledge appropriate to the role of the superintendent
regarding all financial and budgeting issues
Works with the board and district business official to successfully
accomplish financial and budgetary priorities including meeting all
timelines associated with the annual budget
Develops contingency plans designed to address anticipated and
unanticipated budgetary necessities
Provides regular as requested financial and budgetary reports to the
board
Ensures end-of-year results are consistent with budgetary planning
expectations

How would you classify the superintendent's overall performance in the area of District Operations and
Financial Management?

I Distinguished I Proficient Needs I Failing

I Improvement

Comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

23
 Objective Performance Standard

Communication and Community Relations

Superintendent communicates with and effectively engages

-
c
Q)
E
Q)
the staff, the board, and members of the community, clearly
ec..>
"C

articulating district goals and priorities, addressing local and

broader issues affecting the district, and building support for
district initiatives, programs and short/long-range plans.
Q)
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"C
Cl
c

ll.
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Q)
'iii
Q)

Kev Performance Indicators

Effectively works with the board to develop and monitor district policy
and administrative regulations related to Communication and
Community Relations
Has worked successfully with the board to build support in the
----11-----1-community-for-tbe-distdct's-v:ision.,-mission,and-botb-long-and-sbor:t-- -------· ------------ __ ,_____ _
term _I:>riorities
Handles media resources skillfully, and regularly demonstrates sound
judgment when communicating with the public
Maximizes utilization of multiple methods for delivering accurate,
timely, and reliable information to the Board and community
Has been able to successfully build school/community partnerships
that benefit students and staff
Communicates effectively with the board and coordinates the flow of
information from administrators to board committees in a manner
consistent with Board Operating Guidelines

How would you classify the superintendent's overall performance in the area of Communication and
Community Relations?

I Distinguished I Proficient Needs I Failing

I Improvement I
Comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

24
-

Objective Performance Standard

Human Resource Management

Superintendent incorporates best practices for human resource ...

1:
Q)
management and oversight, coordinating staffing, recruitment, E
and other human resource functions within the district. "C
Q)
>
Q)
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... ...c.
0
.!!! E
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(.) 1/j C)
1: 1:
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Ke~ Performance Indicators .!!!
c
...0
a..
Q)
Q)
z I'll
LL

Effectively works with the board to develop and monitor district policy
and administrative regulations related to Human Resource
Management
Appropriately manages district staff, assigning functions, delegating
effectively, and determining accountability as necessary
Ensures timely completion of all district wide staff evaluations
Ensures alignment of superintendent evaluation goals with that of key
personnel
Has ensured training and professional development opportunities for
all professional staff related to new requirements for teacher and
administrator evaluation
Institutes sound employee relations programs to improve relationships
between and among all staff members
Effectively monitors all aspects of the collective bargaining
agreement(s) in the district

How would you classify the superintendent's overall performance in the area of Human Resource
Management?

I Distinguished I Proficient I Needs I Failing

Improvement

Comments:

25
.

Objective Performance Standard

Professionalism

Superintendent models professional decision-making

processes and ethical standards consistent with the values of
Pennsylvania's public education system as well as that of the
-
cCl)
E
Cl)
local community. Superintendent additionally works to '0 >
individually reflect upon her/his effectiveness within the role,
and works to improve effectiveness through the use of
professional development literature and activities.
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0

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Key Performance Indicators
Demonstrates recognition and understanding of public education's
role in promoting civic responsibility
Performs-all duties-in-a manner consistent with the values-and --

expectations of the board and community at large

Supports a standards-based approach to governance, leadership, and
instruction throughout the district
Encourages an inclusive and respectful environment that aligns with
the organization's execution of the district's vision, mission, and
strategic goals.
Demonstrates ethical and personal integrity consistent with
expectations associated with the role of superintendent
Maintains the confidence and trust of school professionals and the
community
Continuously monitors effectiveness within the role of the
superintendent, seeking out and participating in professional
development activities in alignment with areas identified for
improvement by the board and through self reflection

How would you classify the superintendent's overall performance in the area of Professionalism?

I Distinguished I Proficient I Needs I Failing

Improvement

Comments:

26
Formative Assessment
Based on your perceptions of the superintendent's performance noted above:

What are the superintendent's major strengths?

1.

2.

3.

In what areas do you see a need for improvement?

1.

2.

3.

What resources should be made available in order to support improvement strategies, or what
steps should the superintendent take in order to improve performance in areas identified for
improvement?

1.

2.

3.

27
Annual Goals

Annual performance goals and measurable performance indicators of goal attainment shall be mutually
determined at the beginning of the evaluation cycle by the Board and superintendent. Goals shall be
consistent with the duties of Superintendent, related to the strategic/comprehensive plan, achievable
within a school/fiscal year, objective, measurable, have three to five indicators of goal attainment, and
enhance the quality of the Cumberland Valley School District. Annual performance goals may support
personal professional development for the superintendent, or may be derived from the long and short
term priorities and needs within the district. This form provides the superintendent with an opportunity
to document the selection goals by the board/superintendent team and update the Board on the status
of goal attainment.

Status of Annual Goals for School Year - - - - -

Goal Status/Results
Goal1:

Performance Indicators for Goal 1:

Goal2:

Performance Indicators for Goal 2:

Goal3:

Performance Indicators for Goal 3:

Goal4:

Performance Indicators for Goal 4:

How would you rate the superintendent's performance in achieving desired annual goals for
the district?

I
Distinguished I Proficient I Needs
Improvement
J
Failing

28
---11-------------------------~--------

29