Superintendent of Schools

Employment Agreement Between The West Chester Area School District And Dr. David E. Christopher
 

THIS AGREEMENT  (“Agreement”) is made and entered into this 26th  day of September, 2023, by and between the WEST CHESTER AREA SCHOOL DISTRICT (the “School District”) with offices located at 782 Springdale Drive, Exton, Pennsylvania 19341 and DR. DAVID E.  CHRISTOPHER, an individual (hereinafter “Dr. Christopher” or “Superintendent”).

Witnesseth

WHEREAS, pursuant to sections 1073 and 1073.l of the Pennsylvania Public School Code of 1949, as amended (hereinafter “School Code”), the Board of Directors of the School District (“School Board” or “Board”) desires to employ Dr. Christopher as the Superintendent at the School District; and

WHEREAS, the parties desire to document the terms and conditions of Superintendent’s employment with the School District during the term of this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the School District and Superintendent agree as follows: 

Section A. Terms Of Employment

1. Employment and Term of Agreement. The School Board employs Dr. Christopher as School District Superintendent, and Dr. Christopher accepts such employment as School District Superintendent upon the terms and conditions set forth in this Agreement and in accordance with the applicable provisions of the School Code for a term beginning on January 1, 2024 and ending on June 30, 2028 (“Term”). This Agreement shall terminate immediately upon the expiration of the aforesaid Term unless the Agreement is modified or terminated earlier, in accordance with this Agreement, or allowed to renew automatically in accordance with Section 1073(b) of the Public School Code and as set forth below. 

1.1. In the event the Superintendent wishes to be reappointed at the end of the Term of this Agreement, he shall notify the Board President, in writing, on or before January 1, 2028, that he wishes to be reappointed by the Board.

1.2. The School Board shall provide Superintendent with written notice of its intent to renew, or not to renew, this Agreement beyond the end of the Term no later than ninety (90) days prior to the scheduled (June 30, 2028) termination of this Agreement. If the School Board fails to take public action on its intent to renew or terminate the contract with the Superintendent, the Term of this Agreement shall be automatically extended under the same terms and conditions for a single one-year period. At the conclusion of any such one-year extension of the Term, this Agreement 149192725.3 shall automatically terminate unless the School District and Superintendent have expressly agreed  otherwise in writing. 

2. Qualifications. Dr. Christopher covenants that he presently possesses, and will take all necessary action to preserve, all legal qualifications to serve as the Superintendent during the Term of this Agreement. The Superintendent shall obtain a valid or current commission from the Pennsylvania Department of Education.

3. Duties of Employment and Professional Growth

3.1  Superintendent shall be responsible for performing the job duties contained in Appendix “A,” which is attached hereto and incorporated herein by reference. The duties as articulated in Appendix “A” may change from time to time at the discretion of the Board based on  the operational needs of the District and in accordance with law. Superintendent agrees to perform his duties in a competent and professional manner to the best of his abilities and in accordance  with the terms of this Agreement, applicable law, the School Code, and the Policies, Rules and Regulations properly adopted by the School Board for the governance of the School District. Superintendent’s duties may be changed by the School Board only after furnishing Superintendent with the opportunity to provide input concerning such changes.

3.2. Superintendent is a nonvoting member of the School Board and has the right to speak on all matters before the School Board in accordance with the School Code. Further, Superintendent will have the complete freedom to organize, reorganize, and arrange the administrative and supervisory staff, including instruction and business affairs, which in his best judgment best serve the School District, subject to the requirements of Pennsylvania law. The responsibility for recommendations pertaining to employment of personnel shall be vested in the Superintendent, subject to approval by the School Board. The responsibility for transfers and  assignment of personnel shall be vested exclusively in the Superintendent, unless required otherwise by law. The School Board will promptly refer all criticisms, complaints, and suggestions  to Superintendent for study and recommendation.

3.3. Duties and responsibilities herein shall be performed and discharged by the Superintendent or by his staff under his direction. All official contacts between School Board Members and the staff of the School District shall be through the Superintendent other than School  Board Members who are designated as committee chairs for the time period in question who may contact the administrative liaison for their committee for the express purpose of the development of the agenda and/or implementation of the agenda for committee meeting. Nothing in this section shall preclude the right of School Board Members to exercise their responsibilities as individuals  in the areas of monitoring District operations, conducting oversight activities, or visiting schools, as set forth in Board policy or directed by the Board in accordance with law.

3.4. Superintendent shall not have any financial interest, direct or indirect, in the sale to  or the lease by the School District of any supplies, equipment or services. 

Section B. Compensation and Benefits

4. Compensation.

4.1 Base Salary. Superintendent shall be entitled to an annualized base salary at the inception of the Term of this Agreement (i.e., January 1, 2024) of Two Hundred Eighty-Five Thousand Dollars ($285,000.00), which shall be prorated for the 2023-2024 fiscal year. Effective on July 1, 2024, and on July 1 of each subsequent year of this Agreement, the Superintendent’s base salary shall be increased by a percentage equal to Pennsylvania’s base Act 1 Index for the school year with a minimum increase of 2% and a maximum increase of 4.5% for the school year provided that the Superintendent has received a proficient performance evaluation for the previous year in accordance with this Agreement. In the event the Superintendent receives a less than proficient performance evaluation, his base salary shall not be increased but shall remain at the then current level for the following year. If Pennsylvania’s base Act 1 index does not exist at any point during the Term of this Agreement, the Superintendent’s salary will increase based on the Philadelphia annual Consumer Price Index (“CPI”) effective in the month of May immediately preceding the applicable July 1 adjustment date, subject to a minimum increase of 2% and a maximum increase of 4.5%.

4.2. Performance Incentive Payment (Variable Pay). In addition to base salary as provided above, Superintendent shall be eligible to receive an incentive payment at the conclusion of each year of the Term based upon the performance rating achieved for that year, provided that Superintendent meets the annual objective performance standards described in Appendix “D” of this Agreement. The maximum potential incentive payment (“the Pool”) for each year of the Term shall be calculated by multiplying Pennsylvania’s base Act 1 Index percentage each year by Superintendent’s then-current annual salary. If Pennsylvania’s base Act I index does not exist at any point during the Term of this Agreement, the calculation shall be performed using the Philadelphia Consumer Price Index (“CPI”) effective for the month of May preceding the applicable school year. Superintendent’s incentive payment for each year shall be determined based upon the performance rating achieved by Superintendent for that year:

Amount of Incentive Payment Awarded from the Pool	Performance Rating Achieved
100%	Exemplary
75%	High Proficient
50%	Proficient
25%	Progressing
0%	Not meeting standards / Unsatisfactory

 

The incentive payment, if any, shall be made on or before the first pay in January following the school year for which the performance incentive is earned. No performance incentive payment awarded to Superintendent pursuant to this provision shall increase Superintendent’s base salary but shall be credited as retirement-covered compensation toward PSERS for the year in which it is paid. The Superintendent’s performance rating shall be determined as set forth in Appendix “D” of this Agreement.

4.3. Additional Compensation Terms and Conditions. The School Board shall retain the discretion to adjust Superintendent’s base salary for meritorious performance. At no time during the Term of this Agreement shall the annual salary of the Superintendent be decreased. Superintendent’s base salary shall be paid in installments at the same time and in the same manner as other District administrators are paid. Superintendent’s work year shall be based upon a 260 workday calendar.

5. Benefits. Superintendent shall be eligible for all benefits (excluding compensation adjustments) provided under the School District’s administrator compensation plan adopted pursuant to Section 11-1164 of the School Code (“Act 93 Plan”), a copy of which is incorporated herein as Appendix “B” except as otherwise expressly provided herein. Under no circumstances shall the Superintendent be eligible for duplicative benefits. To the extent there is any inconsistency or conflict between the benefits in this Agreement and the benefits provided to any other District administrator under the Act 93 Plan, the Superintendent shall receive the benefits or the benefit restrictions established in this Agreement. To the extent that a benefit is not mentioned in this Agreement that is contained in the Act 93 Plan, other than an early retirement incentive plan, salary adjustment, or similar type of situation, Christopher will be entitled to receive such benefit as part of his benefits package. It is understood, however, that the Act 93 Plan may be amended or modified by the District during the Term of this Agreement. Under no circumstances shall the Superintendent be eligible for duplicative benefits. Nothing contained herein shall preclude the School District from providing additional benefits to the Superintendent as may be agreed to by the parties.

6. Vacation Leave. Superintendent shall be credited with  thirty (30) paid vacation days each school year, subject to proration for the first school year of the Term (i.e., January 1, 2024 through June 30, 2024) and which shall be credited in full on July 1, 2024 and July 1 of every subsequent year of this Agreement. Unused vacation days shall be carried over from school year to school year, provided that the combined balance of available vacation days shall not exceed thirty-five (35) days on July 1st of any year of this Agreement. Superintendent shall be permitted to use vacation days at any time when school is not in  session. When school is in session, Superintendent may use vacation days only with prior notice to the Board President.

6.1. To the extent unused vacation days cannot be carried over in any school year without exceeding the maximum limit of thirty-five (35) available days, the School District shall make a non-elective contribution to Superintendent’s 403(b) plan in an amount equal to Superintendent’s then current per diem rate of pay for each excess unused vacation day, up to a maximum of fifteen (15) days. To the extent such contribution, when aggregated with other contributions for the year would exceed the maximum permitted by law, the excess shall be  contributed in the subsequent year or years, subject to all restrictions imposed by law. Superintendent’s “per diem rate of pay,” as the term is used throughout this Agreement, shall be  calculated by dividing the Superintendent’s then current annual salary by 240.

6.2. Upon the termination of this Agreement, provided that the parties have not entered into another employment agreement and provided that this Agreement has not been terminated by the School District for cause pursuant to Section 25.1, the School District shall make a non-elective contribution to Superintendent’s 403(b) plan in an amount equal to Superintendent’s then current per diem rate of pay for each unused vacation day up to a maximum of thirty-five (35) days. To the extent such contribution, when aggregated with other contributions for the year would exceed the maximum permitted by law, the excess shall be contributed in the subsequent year or years, subject to all restrictions imposed by law. There is no cash option for such payment for unused vacation leave.

6.3. In addition to vacation leave, the Superintendent shall receive, with full pay, all holidays available to twelve-month administrators covered under the School District’s Act 93, so long he is employed, excepting, however, years where he is serving less than a full year when compensation and benefits are prorated.

7. Bereavement Leave. Superintendent shall be entitled to five (5) days of paid bereavement leave for the death of an immediate family member. “Immediate family member” shall include the  spouse, child, grandchild, parent, or sibling of the Superintendent, as well as the parent of Superintendent’s spouse, and any near relative who is a member of  Superintendent’s household. Superintendent shall be entitled to one (1) day of paid bereavement leave for the death of a near relative. “Near relative” shall include Superintendent’s aunt, uncle, first cousin, grandparent, niece, nephew, son-in-law, daughter-in-law, brother-in-law, or sister-in-law.  

8. Sick Leave. The Superintendent shall be entitled to twelve (12) days of paid sick leave  each school year of the Term (prorated for the first year, January 1, 2024 through June 30, 2024), and which shall be credited in full on July 1, 2024 and July 1 of every subsequent year of this Agreement. Unused sick days shall be cumulative without limit. The Superintendent shall notify  the District Business Office when absent on sick leave.

8.1. Upon the termination of this Agreement, provided that the parties have not entered into another employment agreement and provided that this Agreement has not been terminated by the School District for cause pursuant to Section 25.1, the School District shall make a nonelective contribution to Superintendent’s 403(b) account in an amount equal to the number of unused sick days then remaining multiplied by $200.00; provided, however, that in the event Superintendent has notified the School District in writing of his intent to terminate or not to seek reappointment on expiration of the Term at least one hundred (120) days in advance, the nonelective contribution  shall be in an amount equal to the number of unused sick then remaining multiplied by $250.00.  Such contribution shall not be made for days of unused sick leave, if any, that the Superintendent determines in his sole discretion to transfer to a new employer.  To the extent such contribution, when aggregated with other contributions for the year would exceed the maximum permitted by law, the excess shall be contributed in the subsequent year or years, subject to all restrictions  imposed by law. There is no cash option for such payment for unused sick days.

8.2. In addition, Superintendent shall be credited with sixty (60) sick days as the result  of his service in the Cumberland Valley School District effective upon Superintendent’s first day of actual service in the School District, subject to receiving written confirmation of those days from his previous employer. The sixty (60) days of sick leave carried over from the Cumberland  Valley School District shall not be eligible for any sick leave payouts pursuant to this Agreement or the Act 93 Plan.

8.3. The Superintendent may use his sick days to care for members of his “immediate family’’ as that term is defined or applied in the “Bereavement Leave” section of this Agreement. Sick days used for members of the Superintendent’s immediate family will be deducted from his  allocated sick leave in the same manner as those used for the Superintendent’s own illness.

9. Medical, Prescription, Vision, and Dental Insurance. The School District shall provide the Superintendent, his spouse, and eligible dependents medical insurance coverage and benefits, including, but not limited to, hospitalization, physician coverage, major medical, prescription drug, vision, and dental coverage, under the same terms and conditions as provided to School District  administrators under the School District’s Act 93 Plan and including contributions to a Health Savings Account or Health Retirement Account, if applicable. The Superintendent shall have the right, at his sole discretion, to select coverage under any of the plans offered by the School District to any School District administrator.

10. Medical Examination Reimbursement. To the extent permitted by law and consistent with the non-discrimination rules, the School District shall pay or reimburse the Superintendent for all of the Superintendent’s out-of-pocket costs for a comprehensive medical examination not less than once every two years and not more often than once each year during the Term of this Agreement. 

11. Life Insurance. The School District shall provide, and pay all premium costs of, group term life insurance coverage in the amount equal to three (3) times the Superintendent’s annual base salary rounded to the nearest hundred, plus fifteen thousand dollars ($15,000.00). The Superintendent shall have the sole right to determine the beneficiary of such policy. 

12. Expenses and Transportation Reimbursement. The School District shall fully reimburse  the Superintendent for all reasonable expenses incurred by the Superintendent in the discharge of his duties, upon the presentation of proper documentation in accordance with School District policy. The School District shall reimburse the Superintendent for transportation expenses in accordance with the Internal Revenue Service’s current mileage allowance for use of Superintendent’s vehicle when required for the performance of his duties under this Agreement.

13. Equitment. The Sc

14. Professional Development and Continuing Education. The School District shall pay the full enrollment cost for all professional development courses and continuing education courses taken by the Deputy Superintendent/Chief Academic Officer during this Agreement; provided that such courses are approved in advance and in writing by the Superintendent and subject to repayment by the Deputy Superintendent/Chief Academic Officer for any course in which the Deputy Superintendent/Chief Academic Officer fails to receive a final passing grade or otherwise successfully complete.

15. Professional Memberships. Subject to Superintendent approval, the School District shall pay the cost of the Deputy Superintendent/Chief Academic Officer’s annual membership to participate in professional associations including but not limited to, the American Association of School Administrators, the Pennsylvania Association of School Administrators, and the Association for Supervision and Curriculum Development. The School District recognizes the obligation to professional growth and development provided by these affiliations and encourages and permits the Deputy Superintendent/Chief Academic Officer to participate actively.

10. Medical Examination Reimbursement. To the extent permitted by law and consistent with the non-discrimination rules, the School District shall pay or reimburse the Superintendent for all of the Superintendent’s out-of-pocket costs for a comprehensive medical examination not less than once every two years and not more often than once each year during the Term of this Agreement.

11. Retirement Benefits. Provided the Deputy Superintendent/Chief Academic Officer permanently retires from the School District under the provision of PSERS, the Deputy Superintendent/Chief Academic Officer shall be entitled to the healthcare identified under the then current Act 93 Plan for seven years from the date of her retirement until her attainment of Medicare eligibility, whichever is earlier. Continued coverage shall be subject to payment of that share of premium clauses as paid by then current administrators. The Retirement Benefit shall not be available to the Deputy Superintendent/Chief Academic Officer in the event her employment with the District is terminated for cause pursuant to the School Code. This provision shall survive the termination of the Agreement.

12. Longevity Incentive. The School District shall make an annual payment to a tax shelter for the Deputy Superintendent/Chief Academic Officer under the following schedule so long as the Deputy Superintendent/Chief Academic Officer remains employed as of the date of the contribution. The Deputy Superintendent/Chief Academic Officer shall be eligible for a $10,000.00 contribution on July 1, 2024; the Deputy Superintendent/Chief Academic Officer shall be eligible for a $10,000.00 contribution on July 1, 2025; the Deputy Superintendent/Chief Academic Officer shall be eligible for a $20,000.00 contribution on July 1, 2026; the Deputy Superintendent/Chief Academic Officer shall be eligible for a $20,000 contribution on July 1, 2027; the Deputy Superintendent/Chief Academic Officer shall be eligible for a $20,000 contribution on July 1, 2028 and the Deputy Superintendent/Chief Academic Officer shall be eligible for a $20,000 contribution on June 30, 2029. For purposes of this Agreement, the longevity incentive shall not be considered part of the Deputy Superintendent/Chief Academic Officer’s annual salary.

13. Equipment. The School District shall reimburse the Superintendent for the monthly cost of a telephone plan for School District-related business, not to exceed one-hundred dollars  ($100.00) per month, during the Term of this Agreement. 

14. Professional Development and Continuing Education. The School District shall pay the full enrollment cost for all professional development courses and continuing education courses taken by the Superintendent during this Agreement; provided that such courses are subject to repayment by the Superintendent for any course in which the Superintendent fails to receive a final passing grade or otherwise successfully complete.

15. Professional Memberships. The School District shall pay the cost of Superintendent’s annual membership to participate in professional associations including but not limited to, the American Association of School Administrators, the Pennsylvania Association of School Administrators, the National Association of School Superintendents, the University of Pennsylvania School Study Council, and the National Center for Educational Research and Technology (NCERT), and Schlechty Superintendent Leadership Network, and Suburban School Study Council. In addition, the School District shall pay or reimburse Superintendent for annual  membership fees associated with relevant community service organizations as selected by  Superintendent with the approval of the School Board.  The School District recognizes the  obligation to professional growth and development provided by these affiliations and encourages and permits the Superintendent to participate actively.

16. Outside Engagements. Superintendent shall devote his full time, attention, energies, skills and labor to his employment with the School District during the Term of this Agreement; however, with School Board approval, Superintendent may undertake and be compensated for limited consultative work, speaking engagements, writing, lecturing, adjunct teaching, and other professional services. Superintendent shall not engage in any outside work which will result in a  conflict of interest with the performance of his duties under this Agreement. If Superintendent  engages in any such activity taking place during a school day, he shall use vacation days for such  activities. Superintendent shall notify the Board President (or designee) in advance regarding the dates and length of time the Superintendent will be out of the School District for each such activity and provide a contact number. 

17. Waiver of Right to Sabbatical Leave. To the extent that Superintendent otherwise would be eligible for sabbatical leave, Superintendent waives any and all rights to take sabbatical leave,  pursuant to the School Code, as amended.

18. Retiree Health Insurance Coverage. Provided the Superintendent permanently retires from the School District under the provision of PSERS, the School District shall provide the Superintendent, his spouse, and eligible dependents with the opportunity to continue group health plan coverage, including medical, prescription drug, vision, and dental coverage provided by the School District to its then current administrators under the School District’s Act 93 Plan for ten (10) years from the date of his retirement or until his attainment of Medicare eligibility, whichever is earlier. Continued coverage shall be subject to payment of that share of premium costs as is paid  by then current administrators. The retirement benefit herein shall not be available to the Superintendent in the event his employment with the District is terminated for cause under Section 1080 of the School Code. This provision shall survive the termination of this Agreement.

19. Retirement Plan Contribution. The School District shall make a nonelective employer contributions to a 403(b) account for the Superintendent as follows, provided that the Superintendent remains employed as of the date of the contribution: contribution of $10,000.00  on July 1, 2024; $15,000.00 on July 1, 2025; $20,000.00 on July 1, 2026; and $25,000.00 on July 1, 2027. To the extent such contribution, when aggregated with other contributions for the year would exceed the maximum permitted by law, the excess shall be contributed in the subsequent year or years, subject to all restrictions imposed by law.

20. Salary Continuation for Extended Illness/Disability. Eligibility for this benefit begins the first of the month coincident with or next following date of employment. The Superintendent  shall receive sixty percent (60%) of his then-current salary up to $6,000 total monthly income paid until age 65, after a thirty (30) day elimination period or exhaustion of all accumulated sick leave banks, whichever is greater.

21. Participation in the 457(b) Plan. The School District shall make an annual contribution into the District’s 457(b) deferred compensation plan for the Superintendent in an amount not less than 2.86% of his base salary.

22. Meetings, Conventions and Conferences. The duties of the Superintendent require his presence at meetings, conventions, and conferences in order that he can maintain awareness of current education-related issues and information. The Superintendent shall have the right to attend regional, state and national meetings, conventions and conferences for the purpose of professional development. The School District considers the expenses involved in such activities to be directly  related to his duties and appropriate for reimbursement. The Superintendent shall be reimbursed for all costs associated with such meetings, conventions and conferences including registration, travel, food and lodging in accordance with School District policies and procedures applicable to other District administrators. 

23. Moving Expenses. The Superintendent will be entitled to a one-time reimbursement for  up to Twelve Thousand Dollars ($12,000.00) of moving expenses associated with moving to a location within the geographical limits of the West Chester Area School District under the following terms and provisions:

23.1.  The Superintendent will have to complete the move and submit the reimbursement request on or before December 31, 2024.

23.2. The moving expenses shall be itemized and submitted on receipts that would be preapproved by both the Chief Financial Officer/Business Manager of the District and the Board  President.

23.3. Such moving expenses shall be limited to expenses charged by a moving company or moving hauler of the Superintendent and the Superintendent’s family’s personal property.

24. Temporary Housing Allowance. During the time period of November 1, 2023, through June 30, 2024, the School District shall provide the Superintendent One Thousand Eight Hundred Dollars ($1,800.00) per month for a total of Fourteen Thousand Four Hundred Dollars  ($14,400.00) for the purposes of obtaining housing within the geographical confines of the School District under the following conditions:

24.1. The Superintendent will provide reasonable evidence to the satisfaction of the Chief Financial Officer/Business Manager of the School District and the Board President of payment of rental amounts for housing within the School District.

24.2. The Superintendent understands and recognizes that the payment of the housing allowance will be reportable ordinary income to the Superintendent.  

Part C: Performance

25. Assessment of Performance.

25.1. The School Board shall evaluate in writing  the performance of Superintendent once a year during the Term of this Agreement, no later than July 1st of each year (beginning in 2024 following the completion of the 2023-2024 school year), unless the parties mutually agree in writing on another date for the annual evaluation. The School Board shall utilize an evaluation method and tool mutually agreed upon by the School Board and Superintendent. The School Board and Superintendent hereby agree to use the evaluation instrument and method attached hereto and incorporated by reference as Appendix “C” unless the School Board and Superintendent mutually agree in writing to use a different evaluation instrument and method.  Said evaluation shall be conducted in an Executive Session limited to members of the School Board and Superintendent. The evaluation shall contain the following performance ratings: Exemplary, Proficient, Progressing Toward Expectations, and Not Meeting Standards/Unsatisfactory. In the event the School Board determines that the performance of the Superintendent is unsatisfactory in any respect, it shall describe, in writing, the unsatisfactory performance. A copy of the written  evaluation shall be delivered to the Superintendent. The Superintendent shall have the right to make a written response to the evaluation. The District shall comply with its obligations under School Code 1073.l(b.1), 24 P.S. 10-1073.l(b.l), by publishing required information on its publicly accessible Internet website. The Superintendent’s performance shall be deemed Proficient in any  year when a formal annual performance assessment is not completed in accordance with this Agreement, and he shall receive all salary increases and performance incentive payments for Proficient performance in accordance with this Agreement.

25.2. The performance assessment shall be used for the following purposes:

25.2.1. To strengthen the working relationship between the School Board and the  Superintendent;

25.2.2. To evaluate performance in accordance with this Agreement;

25.2.3. To discuss and establish goals and objective performance standards for the  ensuing year; and

25.2.4. To establish the basis for possible increases in the base salary for the Superintendent and for variable compensation in accordance with this Agreement.

25.3. The performance of the Superintendent shall be assessed against the objective performance standards that have been mutually agreed upon by the Board and the Superintendent and which are attached hereto as Appendix “D.” The objective performance standards may be updated as necessary on or before October 1 of each year of this Agreement or within thirty (30) days of the release of state assessment data, whichever is later, unless another date is mutually agreed upon by the parties. The School Board shall post the mutually agreed upon objective performance standards on the School District’s website. The School Board shall annually post the date of the Superintendent’s annual performance assessment and whether or not the Superintendent met the agreed upon objective performance standards. No other information regarding the  Superintendent’s performance assessment shall be posted on the District website. 

Part D: Termination of Employment Agreement

26. Termination of Agreement Prior to Expiration. This Agreement may be terminated  prior to the end of the Term of this Agreement as follows: 

26.1. 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 School Code. The Board shall provide the opportunity for a fair hearing before the Board or before a hearing officer designated by the Board. The hearing notice shall be sent by mail to the Superintendent at least one week prior to such hearing. Such hearing shall be in accordance with School Code Section 1080, 24 P.S. 101080, and 2 Pa. C.S. Ch. 5, Subch. B, 2 Pa. C.S. 551 et seq. Superintendent shall have the right to be represented by counsel at his sole cost and expense. Upon termination for Cause, Superintendent shall be entitled only to such salary and benefits which Superintendent had earned in accordance with this Agreement prior to the effective date of his termination.

26.2. This Agreement may be unilaterally terminated without penalty by the resignation of Superintendent at any time. Provided Superintendent gives the Board at least ninety (90) days’ written notice prior to the effective date of the resignation, Superintendent shall be entitled to all the salary and benefits to which Superintendent is entitled in accordance with this Agreement through the effective date of his resignation and termination of this Agreement,  and any applicable post-employment and retirement benefits provided for in this Agreement. The School Board may in its sole discretion waive the notification period under this provision.

26.3.  This Agreement may be terminated by the written mutual consent of the parties, in  which case Superintendent shall be entitled to all the salary and benefits to which Superintendent is entitled in accordance with this Agreement through the effective date of termination of this Agreement, including any post-employment and retirement benefits as may be  applicable and any additional amount mutually agreed upon by the School Board and Superintendent.

26.4. This Agreement shall be terminated upon the death of the Superintendent, at which time, the District shall pay to the Superintendent’s surviving spouse, or if no surviving spouse to the Superintendent’s estate and/or heirs all of the salary and benefits the Superintendent earned,  accrued and/or is entitled to under this Agreement through the date of the Superintendent’s death.  The District shall also provide the Superintendent’s spouse and eligible dependents with health care benefits as required by law.

26.5. On or after July 1, 2027, the School Board, at its sole discretion, may terminate this Agreement unilaterally prior to the expiration of the Term of this Agreement. However, the Board  shall provide the Superintendent with ninety (90) days’ notice of its intention to terminate this Agreement pursuant to this paragraph, during which 90-day notice period, the Superintendent shall continue to receive all compensation, salary and benefits set forth in this Agreement. In addition, the School District shall pay the Superintendent a severance amount equivalent to his then-current  annual salary and benefits equal to one (1) year.

Section E: Miscellaneous

27. Severability. Each covenant and agreement in this Agreement shall for all purposes be  construed as a separate and independent covenant or agreement. In the event any provision of this  Agreement is declared invalid, illegal or otherwise unenforceable by final decision of a court of this Commonwealth, said provision shall be deemed deleted from this Agreement and the  remaining provisions shall remain in full force and  effect if not otherwise affected by said deletion.

28. Indemnification. The School District shall defend, hold harmless and indemnify Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against him in his individual capacity and official capacity as agent and employee of the School  District, provided the incident giving rise to such claim or action arose while Superintendent was acting within the scope of employment under this Agreement and excluding illegal and/or criminal activity. Nothing herein shall be construed as a waiver of the School District’s obligation set forth in Pennsylvania Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8541 et. seq. This provision shall survive the termination of this Agreement.

29. No Waiver. The failure of any party to enforce at any time any of the provisions of this Agreement, or any rights in respect thereof, or the exercise of or failure to exercise by any party any rights or any of its elections herein provided, shall in no way be considered to be a waiver of such provisions, rights, or elections in the future or in any  way to affect the validity of this  Agreement.

30. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter covered herein, and consolidates and includes all other discussions, negotiations, proposals, and agreements and supersedes any other agreement between the parties. This Agreement may be amended or modified only by agreement of the parties hereto and memorialized in a written instrument executed by the parties.   

31. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the parties, as well as their heirs, executors and administrators.

32. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the parties, as well as their heirs, executors and administrators.

33. Counterparts. This Agreement may be executed in any number of counterparts, each of  which, when executed and delivered, shall be an original, but such counterparts shall together  constitute one and the same instrument.

34. Counterparts. This Agreement may be executed in any number of counterparts, each of  which, when executed and delivered, shall be an original, but such counterparts shall together  constitute one and the same instrument.

Appendix A - West Chester Area School District Position Description

POSITION TITLE: Superintendent 
DEPARTMENT: Management Team
FLSA: Exempt
DATE: January 20, 2023 
LOCATION: Administration Building 

Summary

The  Superintendent of  Schools, within the legal requirements of  the State, shall  be  responsible for the  general management of  the  schools  of  the District  under  the rules  and  regulations  prescribed  by  the  State Board  of  Education  and  the  policies  of  the Board.   The  Superintendent is  responsible for guiding the development of  the  educational needs  of  all  pupils  and potential pupils, and to recommend these objectives  and programs  to the  Board.   The Superintendent shall  provide overall  direction  to the activities  of  the school district  and  its  personnel toward  the  accomplishment  of  approved educational  goals;  administer  the  policies of  the Board; conserve the school district's  assets and  resources; and  maintain and  enhance the school district's standing in all its major internal and external relationships.

Reporting Relationships:

• Reports to the Board of School Directors
• Provides direct supervision to leaders responsible for Pre-K-12 and Career and

Terms of Employment:

1. 12 month position

2. Salary and benefits are as described in the Administrative Compensation Plan of the West Chester Area School District and Agreement for employment. 

Qualification and Physical Requirements:

To successfully perform this position, a person must be able to perform each essential duty satisfactorily. The qualification requirements listed below represent minimum levels of educational achievement, training, skill and/or ability necessary.

• Letter of Eligibility.
• Masters  + 45 or  Doctorate
• Ability to read, analyze and  interpret general periodicals, professional journals, technical procedures or governmental regulations
• Ability to write reports, business correspondence  and procedure manuals
• Possess  effective interpersonal skills  with  the ability to interface diplomatically with other administrators, teachers,  parents, students,  Board  members, support  staff, colleagues, and outside professional contacts
• Ability to work with  and  apply mathematical concepts; ability to define problems, collect data, establish  facts, and  draw valid  conclusions; proficiency  in the  use of technology for individual and  system  management, communication, and  research; proficiency in presentation technology  to enhance  small  and  large  group information and demonstration sessions
• Skills in coordinating and  evaluating staff  use of technology

Qualified candidate will be required to use hands to finger, handle or feel objects, tools or controls, and to talk and hear; Sit and occasionally be required to stand, walk, stoop, kneel and crouch; Have specific vision abilities, to include close vision, color vision, and the ability to adjust focus; Have the ability to lift and/or move up to 25 pounds; and possess effective communication, judgmental, planning and human relations skills, and will be required to work under periods of stress due to the level of the position responsibility.

Essential Duties And Responsibilities:

This list is intended to be illustrative rather than complete and serves to show major duties and responsibilities and does not express or imply that these are the only duties to  be performed by the incumbent in this position. The employee will be required to perform any other position-related duties requested by the supervisor. The management  responsibilities of the Superintendent shall extend to all activities of the District, to all  phases of the educational program, to all parts of the physical plan, and to the conduct of  such other duties as may be assigned by the Board.

1. Operations

The Superintendent shall:

a. Manage the work of  all  professional and  non-professional personnel in planning and  program development and  direct all  activities  of  the school district.  The Superintendent may delegate the responsibilities, together with appropriate authority, but he/she may not  delegate nor  relinquish  his/her ultimate responsibility for  results  or any portion of his/her accountability.

b. Manage the development  of  long and  short-range educational objectives  for the improvement and  growth of  the school district  and  of  educational activities in the school district.

c. Manage the development of  the overall  educational process  and administrative procedures  and  controls  necessary  to the implementation of educational programs  for  the achievement  of  the educational objectives  of the school district.

d. Manage the regular and  systematic evaluation, analysis  and  appraisal of  the achievements of  pupils  and  the performance of  personnel in each  of  the educational programs  or  activities  against  stated  objectives  of  the school district.

e. Report  to the Board  the progress  and  status  of  the programs  and  activities  of the school district.

f. Inform  the  Board  on  all  matters  of  major importance  or significance  to the activities, programs, and progress  of the  school district.

2. Organization

The Superintendent shall:

a. Establish  and  maintain an  administrative organization  which  provides  for the effective management of  all the essential functions  of the school district.

b. Recommend  proposed  revisions  to  the  organization of  the  management structure, including the  establishment or elimination or revision of administrative positions.

3. Personel

The Superintendent shall:

a. Develop and  recommend  policies and  programs  for personnel recruitment, selection, and  employment; employee relations;  employee benefits  and services;  employee safety; personnel evaluation;  and  salary  administration for the school district.

b. Insure the maintenance of  an  adequate staff  of  properly trained administrative and supervisory personnel throughout the school district.

Essential Duties And Responsibilities:

c. Recommend  to the Board  the selection, employment, assignment, transfer and suspension of professional and non-professional employees.

d. Supervise  assigned  personnel and  conduct periodic evaluations  and appraisals of their performance.

e. Recommend  salary increases  and  salary  adjustments for professional and non-professional employees.

f. Develop and recommend to the Board job  classifications  for all new positions.

4. Finances

The Superintendent shall:

a. Direct the development of the annual budget of the school district.

b. Review and  recommend  programs  and  support  data  for funds  to be included in the annual budget of the school district.

c. Provide for the overall  management of  the school district's  financial activities, and  take appropriate action  to assure that  expenses  are kept  within the approved budgetary limits of the school district.

d. Assist principals  and  directors  in  maintaining economy and  efficiency in the operation of their administrative units.

e. Maintain an active contact and  familiarization  with  all  local, state, federal, and  philanthropic programs  which  provide or  could  provide  financial assistance to the district.

5. Relationship

The Superintendent shall:

a. Act as executive officer for the Board.

b. Act as professional advisor to the Board.

c. Attend meetings of the Board with the right to comment on all issues.

d. Prepare the agenda for all  meetings  of  the Board,  and  deliver  the agenda with pertinent information on each item in advance of the meeting.

e. Participate in the affairs of local, state, and national professional organizations.

f. Serve as a representative of the school system and the community atmeetings on the local, state, and national level.

g. Maintain a cooperative working relationship between the schools  and  the community and community agencies.

h. Establish and maintain such other relationships within and outside the school district as required to carry out his/her responsibilities. 

Pursuant to 1073.1(b.1) of Pennsylvania’s Public School Code of 1949, the Board of Directors is required to post the mutually agreed upon objective performance standards contained in the superintendent’s contract on the district’s publicly accessible website. Upon completion of the annual performance assessment, the Board of Directors is required to post the date of the assessment and whether the district superintendent has met the objective performance standards.

The West Chester Area Board of School Directors rated the performance to date of School Superintendent Dr. David Christopher as Exemplary. 

7/15/2025 Date

Karen R. Fleming

This annual performance uses the rating scale below as a basis for rating the Superintendent’s overall performance according to agreed upon objective performance standards in the areas of Student Achievement, Professional Development, Communications, and Fiscal Responsibility.

Definitions of Performance Levels

Exemplary	Performance in the specific duty or responsibility is more than accepted norms. The results and objectives achieved exceed the standards for acceptable performance.
Proficient	Performance in the specific duty or responsibility is fully acceptable. The results and objectives achieved meet the standards for acceptable performance.
Progessing	Performance in the specific duty or responsibility is slightly less than acceptable. The results and objectives achieved fall slightly short of the standards for acceptable performance. A rating of Progressing requires a written comment indicating the reason(s) for this rating.
Unsatisfactory	Performance in the specific duty or responsibility is totally unacceptable. The results and objectives achieved fall substantially short of the standards for acceptable performance. A rating of unsatisfactory requires a written comment indicating the reason(s) for this rating.

The West Chester Area Board of School Directors rated the performance to date of School Superintendent Dr. David Christopher as Proficient.

8/27/2024 Date

Karen R. Fleming