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Texas Education Code - Section 11.163. Employment Policy

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§ 11.163. EMPLOYMENT POLICY.  (a) The board of trustees 
of each independent school district shall adopt a policy providing 
for the employment and duties of district personnel.  The 
employment policy must provide that:
		(1)  the superintendent has sole authority to make 
recommendations to the board regarding the selection of all 
personnel other than the superintendent, except that the board may 
delegate final authority for those decisions to the superintendent;  
and
		(2)  each principal must approve each teacher or staff 
appointment to the principal's campus as provided by Section 
11.202.
	(b)  The board of trustees may accept or reject the 
superintendent's recommendation regarding the selection of 
district personnel.  If the board rejects the superintendent's 
recommendation, the superintendent shall make alternative 
recommendations until the board accepts a recommendation.
	(c)  The employment policy may:                                                
		(1)  specify the terms of employment with the district;                       
		(2)  delegate to the superintendent the authority to 
determine the terms of employment with the district;  or
		(3)  include a provision for providing each current 
district employee with an opportunity to participate in a process 
for transferring to another school in or position with the 
district.
	(d)  The employment policy must provide that not later than 
the 10th school day before the date on which a district fills a 
vacant position for which a certificate or license is required as 
provided by Section 21.003, other than a position that affects the 
safety and security of students as determined by the board of 
trustees, the district must provide to each current district 
employee:
		(1)  notice of the position by posting the position on:                       
			(A)  a bulletin board at:                                                    
				(i)  a place convenient to the public in the 
district's central administrative office;  and
				(ii)  the central administrative office of 
each campus in the district during any time the office is open;  and
			(B)  the district's Internet website, if the 
district has a website;  and  
		(2)  a reasonable opportunity to apply for the 
position.                    
	(e)  If, during the school year, the district must fill a 
vacant position held by a teacher, as defined by Section 21.201, in 
less than 10 school days, the district:
		(1)  must provide notice of the position in the manner 
described by Subsection (d)(1) as soon as possible after the 
vacancy occurs;
		(2)  is not required to provide the notice for 10 school 
days before filling the position;  and
		(3)  is not required to comply with Subsection (d)(2).                        

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.  
Amended by Acts 2005, 79th Leg., ch. 705, § 1, eff. June 17, 
2005.

Last modified: August 10, 2007