Staff Attorney (Attorney III)

MISSION: The Texas Education Agency (TEA) will improve outcomes for all public-school students in the state by providing leadership, guidance, and support to school systems.

Core Values: 
•  We are Determined: We are committed and intentional in the pursuit of our main purpose, to improve outcomes for students. 
•  We are People-Centered: We strive to attract, develop, and retain the most committed talent, representing the diversity of Texas, each contributing to our common vision for students.
•  We are Learners: We seek evidence, reflect on success and failure, and try new approaches in the pursuit of excellence for our students.
•  We are Servant Leaders: Above all else, we are public servants working to improve opportunities for students and provide support to those who serve them.

New hires, re-hires, and internal hires will typically receive a starting salary between the posted minimum and the average pay of employees in their same classification. Offers will be commensurate with the candidate’s experience and qualifications and will thoughtfully consider internal pay equity for agency staff who perform similar duties and have similar qualifications. The top half of the posted salary range is generally reserved for candidates who exceed the requirements and qualifications for the role. The maximum salary range is reserved for candidates that far exceed the required and preferred qualifications for the role.

The 89th legislature approved a 6% salary increase for licensed attorneys hired into positions with this job classification title. The posted salary range for this position already reflects said increase. Upon hire, the selected finalist will receive a starting salary offer and, as a separate line item, the legislatively approved increase that will become part of their base pay. The sum of both will not exceed the position’s posted salary range. Only new hires are eligible for this increase.

Position Overview: The Staff Attorney for the Office of Inspector General Unit performs legal work to ensure that Texas educators and applicants for educator certification comply with Texas law and administrative rules. This position represents the Texas Education Agency before the State Office of Administrative Hearings (SOAH) on behalf of the State Board for Educator Certification (SBEC) and the Commissioner of Education.
The Staff Attorney collaborates closely with attorneys and legal assistants to (1) protect the safety and welfare of Texas schoolchildren and school personnel; (2) ensure educators and applicants are morally fit and worthy to instruct or supervise students; and (3) resolve educator disciplinary proceedings fairly, efficiently, and in accordance with applicable law.

The Staff Attorney conducts contested cases involving individuals employed in Texas schools, certified educators, and applicants for educator certification who are alleged to have engaged in misconduct, including abuse of students or minors, inappropriate relationships, criminal conduct related to the profession, or violations of the Educators’ Code of Ethics.

This position works under supervision, with latitude for the use of initiative and independent judgment, and reports to a Managing Attorney.

Flexible work location within the state of Texas may be considered for qualified candidates.  

Please note that a resume and tailored cover letter are required attachments for applying to this position. Incomplete applications will not be considered. Applicants who are strongly being considered for employment must submit to a national criminal history background check.  

Essential Functions
Job duties are not limited to the essential functions mentioned below. You may perform other functions as assigned.

1. Written Work Product: Prepares high level of legal documents including pleadings, motions, discovery, briefs, and memoranda. Conducts legal research and analysis; interprets and applies statutes, administrative rules, and case law related to educator disciplinary matters.
2. Oral Presentations: Represents the agency in administrative and enforcement hearings before SBEC and SOAH. Interacts professionally with members of the public, opposing counsel, school district personnel, law enforcement, and agency staff. Presents evidence, examines and cross examines witnesses, and advocates effectively on behalf of the agency in highly complex contested matters. 
3. Efficient Docket: Performs journey-level legal work involving the investigation, assessment, and litigation of educator disciplinary cases within SBEC’s jurisdiction, as well as misconduct by non-certified individuals employed in Texas schools within the Commissioner’s jurisdiction. Independently manages a docket of highly complex cases and applies best practices to move cases toward timely and appropriate resolution. 
4. Efficient Case Processing: Enforces TEA & SBEC regulatory provisions and prosecutes violations of applicable laws and rules. Serves as lead attorney in administrative hearings and coordinates litigation activities in accordance with agency procedures and legal standards.
5. Efficient Case Evaluation: Plans and organizes litigation activities, as well as renders legal advice and counsel related to educator discipline matters, as well as misconduct by non-certified individuals employed in Texas schools. Evaluates cases for legal sufficiency, evidentiary support, and appropriate disposition. Serves as a liaison with complainants, school districts, and authorized representatives in connection with administrative proceedings.
 

Minimum Qualifications
• Education: Graduation from an accredited law school with a Juris Doctor (JD) degree
• Experience: At least three (3) years of legal experience as an attorney, including at least one (1) year of full-time litigation experience as a licensed attorney, with participation in trials

Other Qualifications
• Share the belief that all Texas students can achieve at high levels and are able to succeed in college, career, or the military 
• Licensed to practice law in Texas by the Texas State Bar
• Knowledge of 19 Texas Administrative Code Chapters 153, 247 and 249.
• Knowledge of the Texas Administrative Procedures Act, the Texas Education Code, Texas Rules of Evidence, Texas Rules of Civil Procedure, and the State Office of Administrative Hearing Rules
• Strong legal research and writing skills
• Excellent skills in written and oral advocacy and communication
• Highly organized with an ability to prioritize and manage time to organize and complete multiple projects simultaneously and to meet deadlines
• Meticulous attention to detail with an ability to carefully review and edit professional written work
• Sound professional judgment and strong decision-making skills, including the ability to receive and respond positively to constructive feedback
• Able to handle stressful situations professionally, including working cooperatively with others on the team
• Excellent customer service skills when responding to inquiries from members of the public, and utmost professionalism when responding to opposing parties or other state agencies 
• A desire to self-reflect, give/receive feedback and continuously improve

As an equal opportunity employer, we hire without consideration to race, religion, color, national origin, sex, disability, age or veteran status, unless an applicant is entitled to the military employment preference.

To review the Military Occupational Specialty (MOS) codes from each branch of the U.S. Armed Forces to each job classification series in the State’s Position Classification Plan (provided by the State Auditor's Office), please access the Military Crosswalk (occupational specialty code) Guide and click on the military “occupational category” that corresponds with the state classification in this job posting title.

This position requires the applicant to meet Agency standards and criteria which may include passing a pre-employment criminal background check, prior to being offered employment by the Agency.

To learn more about working at TEA, including hiring timelines, process details, and candidate resources, please visit the Employment at TEA page.

No phone calls or emails, please. Due to the high volume of applications, we do not accept telephone calls and cannot reply to all email inquiries. Only candidates selected for interview will be contacted. Please add "capps.recruiting@cpa.texas.gov" and "@tea.texas.gov" to your safe senders list to ensure you receive email notifications from our talent acquisition team and/or hiring division regarding your candidacy.