Section 79-318(3) R.R.S. provides that the State Board shall, upon the recommendation of the Commissioner of Education, appoint and fix the compensation of all new professional positions in the Department, including any Deputy Commissioner.  A new professional position would need approval of the Board if such position, in the professional judgement of the Commissioner, requires specialized knowledge and intensive academic preparation and was not part of the organization of the Department previously approved by the Board.

The Commissioner may approve employment of persons hired as a replacement Deputy Commissioner in the interim between Board meetings; however, appointments of a Deputy Commissioner are still subject to Board approval at the subsequent Board meeting.