Texas Attorney General Opinion: DM-27 Page: 1 of 3
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Office of the Attornep, enerat
btate of UexasDAN MORALES
ATTORNEY GENERALJune 4, 1991
Honorable Ernestine V. Glossbrenner
Chairman
Public Education Committee
Texas House of Representatives
P. O. Box 2910
Austin, Texas 78768-2910Opinion No.
DM- 27
Re: Whether section 13352(d) of the
Texas Education Code authorizes a
principal of a public school to reject
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 (RQ-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 shall:
(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 with 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 instructional staff.p. 124
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-27, text, June 4, 1991; (https://texashistory.unt.edu/ark:/67531/metapth273834/m1/1/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.