Untitled Texas Attorney General Opinion

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DAN MORALES
AITORNEY
GENERAL
June 4,199l

Honorable Emestine V. Glossbremter Opinion No. DM- 27
chairman
Public Education Committee Re: Whether section 13352(d) of the
Texas House of Representatives Texas Education Code authorizes a
P. 0. Rex 2910 principal of a public school to reject
Austin, Texas 78768-2910 teachers who are transferred by the
school district, or voluntarily transfer, to
his school; and whether the principal’s
approval authority extends to all school
staff (m-39)

Dear Ms. Glossbrenner:

You have requested clarification of section 13.352(d) of the Texas
Education Code, which provides the following:

(d) Each principal shalk

(1) approve all teacher and staff appointments for that principal’s campus from
a pool of applicants selected by the district or of applicants who meet the hiring
requirements established by the district, based on criteria developed by the
principal after informal consultation witb the faculty.

You explain that school districts are divided about the interpretation of this
provision. “Some districts believe it to mean the principal must approve only
newly hired teachers and that the law does not give the principal authority to
reject (1) teachers who are transferred to his/her campus by the school district
administration or (2) teachers whom the district approves for voluntary transfer
to his/her campus.” You also ask whether the provision extends to the
“assignment of all campus staff (including such positions as librarian, counselor,
nurse, custodian)” or whether it applies only to instructionaJ staff.

p. 124
Honorable Emestine V. Glossbremer - Page 2 (DM-27)

Section 13.352(d) was amended to its present form in 1990. A comparison
of the pre- and post- amendment versions indicates that the purpose of the
amendment was to give principals more control over their campuses with a view
to greater principal accountability for campus conditions and student
achievement. See also Bii Analysis S.B.1, 71st Leg., 6th C.S. (1990)
“Accountability and Incentive Elements” (Campus Performance Objectives);
Senate Educ. Comnt. Synopsis of S.B.1, Accountabilify and Incentive Ekments of
SenateBill Z SixthCplledSesrion(Principals) (1990) at 3; HOUSE REXARCH
ORGANIZATTON, WRAP UP OF THE 1990 SPECIALSESSIONSON PUBLIC
EDUCATION.at 3647 (July 31, 1990). Before amendment, section 13.352(d)
merely authorized principals to “participate in the selection of teachers for that
principal’s campus.” Nothing in the language of the statute suggests that the
principal’s authority to approve the appointment of a teacher to his campus is
restricted to teachers newly hired by the district or that the principal is bound by
transfer decisions of the district administration. Furthermore, the statute
recognizes the principal’s authority to make selection decisions based on criteria
“developed by the principal after informal consultation with the faculty,” i.e.,
criteria unique to the particular campus. Tbe principal’s authority to shape his
campus through application of unique criteria would be diminished in
derogation of section 13352(d) if the school district could mandate the
principal’s acceptance of transferred teachers. We therefore Bnd that the
approval authority granted by tire provision extends to teachers transferring
within the district.

We believe that the language and history of section 13352(d) also answer
your second question. Prior to the 1990 amendment, the principal’s role in the
selection process for his campus extended only to the selection of teachers. The
provision now establishes the principal’s authority over “all teacher and staff
appointments.” This is clear authority for the principal to exercise his discretion
in selecting individuals to fill staff as well as instructional positions on his
campus.

SUMMARY

Section 13352(d) of the Texas Bducation Code grants authority to
public school principals to approve all teacher and staff appointments on their

p. 125
Honorable Emestine V. Glossbrenner -- Page 3 (DM-27)

campuses. They are therefore not required to accept teachers approved for
transfer to their campuses by the school district administration.

DAN MORALES
Attorney General of Texas

WILL PRYOR
First Assistant Attorney General

MARY KELLER
Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY (Ret.)
Special Assistant Attorney General

RENEAHICKS
Special Assistant Attorney General

Madeleine B. Johnson
Chair, Opinion Committee

Prepared by Faith Steinberg
Assistant Attorney General

p.1.126