DAN MORALES AITORNEY GENERAL 

@ffice of tip IBttornep tl.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 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 

Senate Bill Z Sixth Cplled Sesrion (Principals) (1990) at 3; HOUSE REXARCH 

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 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