KBS Reference Desk: Authority to Create New Position

Q:       Next school year I would like to create a new Curriculum and Instruction Coordinator position. Does the Board have to take action to create the position prior to posting?

 A:        Likely not, as the Superintendent has specific authority to organize the district’s central administration so long as the position is contemplated in the school district’s budget adopted by the Board of Trustees.

Texas Education Code section 11.201 defines the Superintendent’s duties and includes specific authority to “organiz[e] the district’s central administration.” As such, the Superintendent can create any position needed to effectively manage the school district. However, the creation of any position must also be contemplated in the school district’s budget. Texas Education Code section 11.1511(7) charges the Board of Trustees with adopting an annual budget for the school district. Therefore, funding for the position must be adopted by the board during the budget approval process. Typically, this includes identification of the position or like-position in the district’s compensation plan. Therefore, in your scenario, you can create the Curriculum and Instruction Coordinator position for next year, so long as the budget presented to the Board for the 2021-2022 fiscal year includes adequate funding for the new position.

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