Texas Education Agency Teacher Credential Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Teacher Credential License Defense cases. Texas Teachers face a significant number of rules and regulations promulgated by the Texas Education Agency and its disciplinary unit, the Texas State Board for Educator Certification. Any alleged violation of these rules and regulations can result in an obstacle to a Teachers’ ability to work in Texas. The firm practices Texas Education Agency Credential Defense. From a TEA application Denial Hearing to a TEA Disciplinary Action, the firm’s goal is to provide effective and efficient legal representation to the firm’s TEA Credential clients in these Locations of Practice.
Texas State Board for Educator Certification Teacher Credential Defense Lawyers
Many individuals possess Teacher Credentials issued by TEA. Most TEA Credentialed Teachers have minimal or no contact with the disciplinary unit of the Texas Education Agency, called the Texas State Board for Educator Certification. For Texas Teachers who become part of the Texas State Board for Educator Certification disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
TEA Investigation Defense Lawyers
The majority of Texas Education Agency Credential disciplinary investigations begin with the filing of a Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. TEA utilizes non sworn civilian investigators to conduct non criminal investigations against Texas Credentialed Teachers. The Texas Education Agency works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Teachers. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Education Agency Credential disciplinary process. At the conclusion of a Texas State Board for Educator Certification investigation, TEA has several options. The Texas Education Agency can choose to close the Complaint. TEA can choose to issue an Administrative Penalty. The Texas Education Agency can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Disciplinary Action. TEA legal counsel will determine whether cause exists to file a Disciplinary Action. TEA may hold an Informal Conference with the Credentialed Teacher. In cases involving criminal conduct, the Texas State Board for Educator Certification may refer the case to the District Attorney’s Office for criminal prosecution.
TEA Disciplinary Action Defense Attorneys
A Disciplinary Action served on a Texas Teacher serves as notice to a Credentialed Teacher that TEA intends to suspend or revoke the Texas Teacher Credential. The Credentialed Teacher, now called the Respondent, has only a specific number of days from the date that the Disciplinary Action was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Teacher. A Default will result in the immediate Revocation of the Texas Teacher Credential.
The filing of a Disciplinary Action is a serious matter that can result in the suspension or revocation of a Teacher in Texas. In many cases, it is possible for Credentialed Teachers to reach a settlement with the Texas State Board for Educator Certification. A Consent Order is a formal term for a settlement agreement. If A Consent Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Education Agency Hearing Attorneys
The Texas Office of Administrative Hearings, also known as SOAH, hears TEA disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The TEA Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Education Agency and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. TEA can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Education Agency action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a Credentialed Teacher to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas State Board for Educator Certification Teacher Credential and Criminal Convictions
The Texas State Board for Educator Certification can discipline Credentialed Teachers for criminal convictions. Administrative Law discipline for Texas Credentialed Teachers primarily occurs for felony criminal convictions and criminal convictions related to the Teacher Credential. The Texas Education Agency and other law enforcement agencies also investigate criminal conduct by Credentialed Teachers in the course and scope of their credential. Common criminal offenses that can cause TEA Credential discipline are:
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TEA Teacher Credential Denial Defense Attorneys
The Texas State Board for Educator Certification thoroughly investigates all applicants for Teacher Credentials. TEA may deny Credentialed Teachers from other states and countries. Most Texas Teacher Credential denials occur due to criminal convictions, financial problems or misstatements on the Teacher Credential application. Denial Hearings and Disciplinary Action Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Teacher Credential Denial Hearing, the applicant bears the burden of proof.
Texas Education Agency Teacher Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a TEA Credential Revocation to reinstate their Texas Teacher License. The Petition for Reinstatement may result in an investigation by the Texas State Board for Educator Certification. Subsequent to an investigation, TEA may issue the credential, issue the credential with a corresponding Consent Order (settlement), or deny the credential. TEA may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.