Facts: Client was arrested for DWI and plead guilty to the modified felony offense of evading arrest. She was placed on probation for 8 years. TEA initiated an investigation and offered client a disciplinary order suspending her license for the period of time she would be on probation. Client rejected the offer, requested a trial and retained the firm. After discussing the mandatory sanction requirements based on her probationary term, the firm negotiated with TEA regarding a surrender.
Outcome: Client’s employer was aware of her conviction and still supported her as an educator. Based on Texas law, teachers are not required to hold a license to teach in a public school. The school has the discretion to hire unlicensed educators if they so desire. The firm provided evidence and argument that supported TEA modifying their offer and allowing client to surrender her license. A surrender would allow her to continue to teach and work, unlike a suspension, that would suspend her ability to teach in any public school regardless of licensure. Client was able to keep her job and will be able to reapply for licensure in 5 years.