Job Description

POSITION: Attorney

LOCATION: Office of Legal Services

TYPICAL WORK HOURS: 8:00 AM to 4:00 PM

FLSA STATUS: Full-time Exempt

SALARY: $105,393 plus competitive benefits package (WVDE Summary of Benefits) equal to approximately 35% of direct compensation

JOB SUMMARY:

Under the direction and supervision of the General Counsel, the Attorney provides legal counsel and representation to the State Superintendent of Schools, West Virginia Board of Education, and West Virginia Department of Education. The position advises agency leadership and staff on a broad range of education, administrative, employment, regulatory, and government law matters; represents the agency in administrative and legal proceedings; and supports the development and implementation of policies, procedures, contracts, and other initiatives that advance the work of the Department.

DUTIES AND RESPONSIBILITIES:

1. Provides legal counsel and guidance to the State Superintendent, WVDE leadership, and agency staff on education, administrative, employment, and government law matters.
2. Researches and interprets federal and state laws, regulations, policies, and legal precedent affecting public education and agency operations.
3. Represents the State Superintendent and WVDE in administrative hearings, grievance proceedings, licensure matters, and other legal proceedings as assigned.
4. Assists with investigations and matters involving educator licensure, employee discipline, grievances, and other administrative actions.
5. Reviews, drafts, and advises on contracts, agreements, policies, procedures, proposed legislation, rules, and other legal documents.
6. Responds to legal inquiries from agency leadership and staff and provides clear, practical, and timely legal guidance.
7. Assists with Freedom of Information Act (FOIA) requests, public records matters, and related compliance issues.
8. Collaborates with agency leadership, outside counsel, and other governmental entities on litigation, legal strategy, policy development, and agency initiatives.
9. Provides training and technical assistance to WVDE staff on legal, regulatory, policy, and compliance matters.
10. Maintains appropriate confidentiality and exercises sound professional judgment in handling sensitive legal and personnel matters.
11. Performs other legal duties and assignments as directed by the General Counsel, Associate Superintendent, State Superintendent of Schools, or State Board of Education.

EDUCATION AND EXPERIENCE:

1. Juris Doctor (J.D.) from an ABA-accredited law school.
2. Active member in good standing of the West Virginia State Bar, or eligible for admission as required for the position.
3. Minimum of five (5) years of professional legal experience, preferably involving education, government, administration, employment, or regulatory law.
4. Experience representing or advising governmental agencies, educational entities, or other public-sector organizations preferred.
5. Experience with administrative hearings, investigations, employee disciplinary matters, grievances, or litigation preferred.
6. Demonstrated ability to research, analyze, and interpret complex laws, regulations, policies, and legal issues and translate them into practical guidance.
7. Excellent legal research, writing, communication, analytical, organizational, and interpersonal skills.
8. Ability to manage multiple priorities and time-sensitive matters while maintaining accuracy, professionalism, discretion, and confidentiality.

PHYSICAL REQUIREMENTS:

This position is classified as sedentary work, involving prolonged sitting (6-8 hours daily) at a desk or computer workstation. Occasional demands include standing or walking short distances within the office and lifting/carrying up to 10 pounds. This role requires close visual acuity for reading documents and computer screens, clear speaking/hearing for communication, and repetitive wrist/hand motions. Reasonable accommodation will be provided to qualified individuals with disabilities to perform essential functions.

EXPECTATIONS:

1. The staff member works effectively as a member of the educational team.
2. The staff member demonstrates self-control and exhibits an attitude of mutual respect and tolerance.
3. The staff member demonstrates ethical conduct and good work habits such as punctuality and attendance.
4. The staff member demonstrates self-direction and the ability to use software applications for work productivity and collaboration.
5. The staff member is self-motivated and demonstrates the ability to manage multiple tasks/assignments to accomplish high-quality work to meet demanding deadlines with minimal supervision.
6. The staff member demonstrates excellent oral and written communication skills, and excellent presentation skills using current technologies.
7. The staff member demonstrates ability to work effectively with county personnel and other state/local officials.
8. The staff member understands that travel throughout WV and out of state (including air travel) may be required on an occasional or frequent basis depending on the needs of the Department.
9. The staff member understands this is a full-time, on-site position based in Charleston, WV.? Remote work options are not available for this position.
10. The staff member understands that work assignments may change or be added, as priorities emerge with the West Virginia Department of Education (WVDE).

EMPLOYMENT RELATIONSHIP:

Department of Education staff are employed upon recommendation of the State Superintendent of Schools and are state employees. No representative or employee of the state is authorized to enter into any employment contract or other agreement. Department staff work under the direction of the State Superintendent of Schools for the general supervision of the free schools in the state and implementing the policies of the board and other necessary tasks as determined by the State Superintendent of Schools or his/her designee. Each employee is "at-will" and subject to termination by the State Superintendent of Schools at any time, with or without notice, cause or compensation.

The employment relationship between the State Superintendent of Schools and the employee may be terminated by either party. Reasons for termination by the State Superintendent of Schools include, but are not limited to, immorality, incompetency, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, the conviction of a felony or a guilty plea or a plea of no contest to a felony charge, misuse of funds or property, violations of law or policies of the state board, lack of need, or a lack or loss of funding.