General Attorney (Grants and Litigation), GS-0905-14 FPL GS-14 (Excepted Service)

Summary

This position is located in the Postsecondary Education Division of the Office of the General Counsel (OGC). OGC provides legal counsel and advice to the Secretary of Education.

Duties

This is an Excepted Service position. The job will be filled by alternative hiring process and is not in the competitive civil service. Applicants selected for an excepted service position are subject to a one-year trial period. Join our Team! The U.S. Department of Education (ED) is looking for the best and brightest to ensure equal access to education and to promote educational excellence throughout the nation. As a General Attorney (Grants and Litigation), GS-0905-14, you will be responsible for: Serving as liaison with the Department of Justice in litigation relating to those programs, and drafts and reviews briefs, memos, motions, stipulations, and other litigation- related documents. Providing legal advice on the administration of the Department's grant programs, including, but not limited to, grant and cooperative agreement programs authorized under the Elementary and Secondary Education Act of 1965, the Higher Education Act of 1965, the Individuals with Disabilities Education Act, and the Workforce Innovation and Opportunity Act of 2014. Supporting the Department in grants related litigation, including representing the Department before the Office of Administrative Law Judges; drafting, editing, and reviewing legal briefs; managing administrative record and discovery issues; and coordinating the exchange of technical information between program offices and the Department of Justice. Providing legal counsel in the development and drafting of regulations for new programs related to his or her assigned education area and in redrafting existing regulations to reflect legislative changes.

Qualifications

Minimum Qualifications Requirements for GS-14: A. Has obtained the first professional law degree or training which is permitted in some states in lieu of attendance at the law school AND B. Is an active member in good standing in the Bar of a State, Territory of the United States, the District of Columbia, or Commonwealth of Puerto Rico. AND C. Has four years professional legal experience, at least one of the four years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, OR Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS a second professional law degree (LL.M.) which requires one full year of graduate study OR Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS record shows superior law schoolwork or activities as demonstrated by one of the following: Academic standing in the upper third of the law school graduating class. Work or achievement of significance on his/her law school's official law review. Special high-level honors for academic excellence in law school, such as election to the Order of the Coif. Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools. Full-time or continuous participation, for one year or two semesters of law school, in a legal aid program (as opposed to one-time, intermittent, or casual participation). Significant summer law office clerk experience after beginning law school. Other equivalent evidence of clearly superior achievement. NOTE: For purposes of counting the number of years of legal experience after graduating from law school, equivalent writing and legal analysis performed as a judicial law clerk will be considered even if the applicant was not admitted to the bar at the time. AND Specialized Experience for the GS-14 One year of experience in either federal or non-federal service that is equivalent to at least a GS-13 performing two (2) out of three (3) of the following duties or work assignments: Experience conducting litigation and program counseling by independently drafting briefs, motions, and legal opinions; managing administrative records; coordinating with a federal law enforcement agency or equivalent (i.e. The Department of Justice); and providing day-to-day legal advice on grant program operations without supervisory review. Experience developing, drafting, and revising regulations, guidance, and program documents to ensure alignment with statutory requirements and agency policy goals; meeting directly with program staff to formulate regulatory text and resolve legal issues involving education grant programs. Experience performing transactional and negotiation work for federal education grants or equivalent, including reviewing grant and cooperative agreement terms for legal sufficiency, advising on compliance under 2 CFR part 200, and negotiating resolutions with internal offices, other agencies, and external stakeholders to address complex programmatic or legal issues. Knowledge, Skills, and Abilities (KSAs) The quality of your experience will be measured by the extent to which you possess the following knowledge, skills and abilities (KSAs). You do not need to provide separate narrative responses to these KSAs, as they will be measured by your responses to the occupational questionnaire (you may preview the occupational questionnaire by clicking the link at the end of the Evaluations section of this vacancy announcement). 1. Knowledge of constitutional law, administrative law, and the law relating to Federal education programs, ie the complex provisions of the General Education Provisions Act. (More of a KSA) and Federal Grants Management Knowledge of 2 CFR part 200 (Uniform Guidance). 2. Skill in managing complex litigation, including preparing legal briefs, handling administrative records and discovery, and representing the agency.

Education

Education cannot be substituted for experience for this position and grade level.

How You Will Be Evaluated

We will review your application and documentation submitted to ensure you meet the basic qualification requirements. You will be evaluated based on how well you meet the qualifications and competencies listed in this vacancy announcement. Your qualifications will be evaluated based on your application materials (e.g., resume, supporting documents), and the result of the USA Hire Assessment(s) required for this position. You will be assessed on the following competencies (knowledge, skills, abilities, and other characteristics): Non-Supervisory: Oral Communications, Writing, Interpersonal Skills, Problem Solving, Teamwork, Technology Orientation, Customer Service, Attention to Detail and Self-Management We will refer the best qualified candidates to the Selecting Official of the job for further review and consideration. You will be evaluated to determine if you meet qualifications required, and on the extent to which your application shows that you possess the knowledge, skills and abilities associated with this position as defined below. Please be sure to give examples in your resume and explain how often you used these skills, the complexity of the knowledge you possessed, the level of people you interacted with, and the complexity and sensitivity of the issues you handled. Based on the outcome of this evaluation, your application data may be further assessed by a Subject Matter Expert (SME) panel. If your qualifications are not substantiated by your submitted resume, you may be eliminated from receiving further consideration.

Required Documents

-A resume demonstrating your education, experience, training, and accomplishments as it relates to the qualifications for this position and substantiating your responses to the occupational questionnaire. Please limit your resume to 2 pages with the font size no smaller than 10 points. If your resume is more than 2 pages, only the first 2 pages will be reviewed and considered for the qualifications determination.. Cover letter if applicable. You are not required to submit bar card or transcripts to apply to the vacancy announcement, but you will be required to submit them upon request from hiring panel or the HR Specialist. Writing sample and/or list of references may be required of selected applicants at later stages in the selection process. If you are claiming Veterans' Preference you must submit: -A copy of your DD-214 that shows active service and character of discharge, member copy 4 (Separated Members only); OR -A certification of expected discharge or release from active duty under honorable conditions within 120 days from the date of application (Current Active Duty Members only); AND/OR -The Application for 10-Point Veteran Preference (SF-15) AND all documents indicated on the form as proof of type of preference; AND/OR -Proof of Sole Survivorship Preference (e.g., certificate of death or 100% disability as a result of serving in the armed forces). Veteran's Preference: Department of the Education attorney positions are in the excepted service, not the competitive civil service. There is no formal system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of the Education considers veterans' preference eligibility as a positive factor consideration in the attorney hiring process. If you are eligible for veterans' preference in hiring, you are encouraged to include that information in your application along with the supporting documentation, e.g., SF-15, DD 214, Certificate of Release or Discharge from Active Duty, or other supporting documentation.

How to Apply

Please read the entire announcement and all the instructions before you begin an application. To apply and be considered for this position, you must complete all required questionnaires, assessments and submit all required documentation as specified in the How to Apply and Required Documents section. The complete application package must be submitted by 11:59 PM (ET) on the closing date of the announcement to receive consideration. The application process is as follows: 1. Click the Apply Online button. 2. Answer the questions presented in the application and attach all necessary supporting documentation. 3. Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date. 4. If you are required to complete any USA Hire Assessments, you will be notified after submitting your application. The notification will be provided in your application submission screen and via email. The notification will include your unique assessment access link to the USA Hire system and the completion deadline. Additionally, in USAJOBS you can click "Track this application" to return to your assessment completion notice. 5. Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials. 6. Review all instructions prior to beginning your assessments. You will have the opportunity to request a testing accommodation before beginning the assessments should you have a disability covered under the Rehabilitation Act of 1973 as amended. 7. Set aside at least 3 hours to take the USA Hire Assessments; however, most applicants complete the assessments in less time. If you need to stop the assessments and continue later, you can re-use your unique assessment link. 8. Your responses to the USA Hire Assessments will be reused for one year (in most cases) from the date you complete an assessment. If future applications you submit require completion of the same assessments, your responses will be automatically reused. For more general information, system requirements, reasonable accommodation information, and to request assistance regarding the USA Hire Assessments, review the following resources: https://help.usastaffing.gov/Apply/index.php?title=USA_Hire_Assessments To update your application, including supporting documentation: During the announcement open period, return to your USAJOBS account, find your application record, and click Edit my application. This option will no longer be available once the announcement has closed. To view the announcement status or your application status: Click on this: https://www.usajobs.gov/Help/how-to/application/status/. Your application status page is where you can view your application status, USA Hire assessment completion status, and review your notifications sent by the hiring agency regarding your application.

What to Expect Next

As an applicant, you may check your application status through your USAJOBS account at any time. We will also notify you via email of your application status at three key stages in the recruitment process. 1. Once the vacancy announcement closes, we will inform you that your application has been received. 2. After we review your submitted resume and supporting documentation, we will inform you if you are eligible and qualified, if your application was referred to a subject matter expert or panel of subject matter experts for further evaluation, and if you were amongst the most highly qualified candidates referred to the selecting official. 3. Finally, we will inform you of your final disposition for this announcement (e.g., if/when a selection is made, if/when the announcement is cancelled).

Additional Information

Veterans' Career Counseling: If you are a veteran interested in receiving tips on preparing a Federal resume and/or how to prepare for an interview, you may email careers@ed.gov to schedule a session with a career counselor ("Veterans Counseling Session" should be placed in the subject line of the email). Student Loan Default: If selected for this position, we will verify that you have not defaulted on any loan funded or guaranteed by the U.S. Department of Education. If you are found to be in default, we will contact you to make arrangements for repayment prior to making an official offer of employment. Suitability and Investigation: If selected for this position, you will be required to complete the Declaration for Federal Employment (OF-306) to determine your suitability for federal employment and successfully complete a pre-appointment investigation/background check. Essential/Non-Essential: This position is considered non-essential for purposes of reporting to work during federal government closures. Financial Disclosure: This position does not require financial disclosure. Bargaining Unit: his position is included in the bargaining unit (American Federation of Government Employees (AFGE) Local 252). Selections: Agencies have broad authority under law to hire from any appropriate sourc...

Minimum Qualifications Requirements for GS-14: A. Has obtained the first professional law degree or training which is permitted in some states in lieu of attendance at the law school AND B. Is an active member in good standing in the Bar of a State, Territory of the United States, the District of Columbia, or Commonwealth of Puerto Rico. AND C. Has four years professional legal experience, at least one of the four years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, OR Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS a second professional law degree (LL.M.) which requires one full year of graduate study OR Has three years professional legal experience, at least one of the three years MUST be at the level of difficulty and responsibility equivalent to that of an attorney at the grade immediately below the one being filled, PLUS record shows superior law schoolwork or activities as demonstrated by one of the following: Academic standing in the upper third of the law school graduating class. Work or achievement of significance on his/her law school's official law review. Special high-level honors for academic excellence in law school, such as election to the Order of the Coif. Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools. Full-time or continuous participation, for one year or two semesters of law school, in a legal aid program (as opposed to one-time, intermittent, or casual participation). Significant summer law office clerk experience after beginning law school. Other equivalent evidence of clearly superior achievement. NOTE: For purposes of counting the number of years of legal experience after graduating from law school, equivalent writing and legal analysis performed as a judicial law clerk will be considered even if the applicant was not admitted to the bar at the time. AND Specialized Experience for the GS-14 One year of experience in either federal or non-federal service that is equivalent to at least a GS-13 performing two (2) out of three (3) of the following duties or work assignments: Experience conducting litigation and program counseling by independently drafting briefs, motions, and legal opinions; managing administrative records; coordinating with a federal law enforcement agency or equivalent (i.e. The Department of Justice); and providing day-to-day legal advice on grant program operations without supervisory review. Experience developing, drafting, and revising regulations, guidance, and program documents to ensure alignment with statutory requirements and agency policy goals; meeting directly with program staff to formulate regulatory text and resolve legal issues involving education grant programs. Experience performing transactional and negotiation work for federal education grants or equivalent, including reviewing grant and cooperative agreement terms for legal sufficiency, advising on compliance under 2 CFR part 200, and negotiating resolutions with internal offices, other agencies, and external stakeholders to address complex programmatic or legal issues. Knowledge, Skills, and Abilities (KSAs) The quality of your experience will be measured by the extent to which you possess the following knowledge, skills and abilities (KSAs). You do not need to provide separate narrative responses to these KSAs, as they will be measured by your responses to the occupational questionnaire (you may preview the occupational questionnaire by clicking the link at the end of the Evaluations section of this vacancy announcement). 1. Knowledge of constitutional law, administrative law, and the law relating to Federal education programs, ie the complex provisions of the General Education Provisions Act. (More of a KSA) and Federal Grants Management Knowledge of 2 CFR part 200 (Uniform Guidance). 2. Skill in managing complex litigation, including preparing legal briefs, handling administrative records and discovery, and representing the agency.