HR and Policy: Vacancy Posting Requirements

Requirements for posting vacancies and specific content to be included are addressed in Texas Education Code (TEC), local policy, and Title IX rules.

School districts are required to post certain vacancies according to the procedures in TEC §11.1513(d) and may adopt policy of posting vacancies for all positions. Requirements for other educational entities are set by local policy and addressed in administrative procedures. In some cases, districts and other entities may be subject to requirements outlined in court orders or an affirmative action plan.

District Posting Requirements

A vacancy for a position requiring a certificate from the State Board for Educator Certification (SBEC) or a professional license must be posted in specific locations for at least 10 school days prior to filling the position [TEC §11.1513(d)]. The process and timeline are required to ensure current employees are given a reasonable opportunity to apply for the position and be considered with other appli­cants.

Positions requiring certification include teachers, principals, certified professionals, and instructional aides. Positions requiring professional license include nurse, speech language pathologist, physical therapist, occupational therapist, social worker, and physician.

Openings must be posted in the following locations:

• On the district’s website, if the district has one
• On a bulletin board at a place convenient to the public in the central administrative offices (optional if posted to the district’s website)
• On a bulletin board at the central office of each campus (optional if posted to the district’s website)

There are two exceptions to the 10-day posting requirement:

1. Posting is not required for a position that affects the safety and security of students, as determined by the board.
2. If a district cannot wait to fill a position held by a teacher during the school year, the district need not wait the full 10 days but must post the notice in the manner described above as soon as possible after the vacancy occurs. In this context, a “teacher” is defined by TEC §21.201 as a superintendent, principal, supervisor, classroom teacher, counselor, or other full-time professional employee who is required to hold a certificate. The district is also exempted from providing current district employees a reasonable opportunity to apply for the position.

Posting vacancies internally is a good management practice that contributes to equal opportunity for employees. However, there is no mandate to post positions other than those requiring SBEC certification or a professional license unless required by Policy DC(LOCAL).

In most districts, Policy DC(LOCAL) directs the superintendent or designee to establish guidelines for advertising employment opportunities and posting notices of vacancies that advance the board’s commitment to equal opportunity employment. Some boards have adopted policies with more specific requirements, so it’s important to be familiar with policy to ensure local provisions are followed.

Title IX Compliance

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in education programs or activities. There is no Title IX requirement to post vacancies, but districts that receive federal financial assistance are required to provide notice of nondiscrimination to all applicants for employment. In addition, the name or title, office address, email address, and telephone number of the designated and authorized Title IX coordinator must be included [34 C.F.R. 106.8(a)-(b)].

Employers using an electronic application system may include the required notice on the system access page or vacancy listing page. If paper applications are used, the notice should be included on the application and vacancy notice.

The notice of nondiscrimination must include this language:

In accordance with Title IX, the district does not discriminate on the basis of sex and is required not to discriminate on the basis of sex in its educational programs or activities. The requirement not to discriminate extends to employment. Inquiries about the application of Title IX may be referred to the district’s Title IX coordinator, to the Assistant Secretary for Civil Rights of the Department of Education, or both.

Inquiries about the application of Title IX to employment should be referred to Title IX Coordinator,      (name and/or title, office address, email address, and telephone number)     .

Title IX also requires districts to provide applicants with notice of a district’s Title IX grievance procedures and grievance process, including how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how the recipient will respond. TASB Legal Services advises that this notification can be accomplished by including a link to such information on the district’s website, through a district’s electronic application system, or on a paper application [34 C.F.R. 106.8(c)].   

Closing

More information on vacancy postings can be found in the HR Library topic Posting Vacancies (member login required). Sample vacancy notices can be found in the Recruiting and Hiring section of the HR Library.