DANMORALES

AITORNEY GENERAL 

## @fficeoftip IBttorneptl.Beneral i&ate of Qexae

June 4,199l

Honorable Emestine V.Glossbremter Opinion No. DM- 27 chairman Public Education Committee Re: Whether section 13352(d) of the Texas House ofRepresentatives Texas Education Code authorizes a P.0. Rex2910 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, whichprovides the following: (d) Each principal shalk (1) approve all teacher and staffappointments for that principal’s campus from a pool ofapplicants 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)” orwhether it applies onlyto instructionaJ staff.

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Section 13.352(d)was amended to itspresent form in 1990. A comparison of the pre- and post- amendment versions indicates that the purpose of the amendment was to giveprincipals more control over their campuses with aview 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, AccountabilifyandIncentiveEkments of Senate Bill Z Sixth

CplledSesrion

(Principals) (1990) at 3; HOUSEREXARCH ORGANIZATTON,

WRAP UP OF THE 1990 SPECIAL SESSIONS

ON 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 newlyhired by the district or that the principal isbound 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 1990amendment, the principal’s role in the selection process for his campus extended only to the selection ofteachers. The provision now establishes the principal’s authority over “all teacher and staff appointments.” This isclear 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

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

DAN MORALES Attorney General ofTexas 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 byFaith Steinberg Assistant Attorney General

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