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Office of the General Counsel

General Attorney, GS-0905-13/14 (FPL 14)

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  • Full Time
  • $117,962 - $181,216/year
  • Washington, DC
November 15, 2024 Attorney Education Law

Job Description

The position is telework eligible consistent with the Agency’s telework and remote work program policy. This position is located in the Office of General Counsel (OGC), Division of Educational Equity (DEE) in Washington DC. The incumbent performs legal research, exercises independent judgement, renders opinions regarding matters within the purview of the division, and provides advisory guidance and reviews documents prepared by lower grade attorneys.

Duties

APPLICATION LIMIT: This vacancy announcement is limited to the first 150 applications received and will close at 11:59PM Eastern Time on the day that we receive the 150th application, or at 11:59PM Eastern Time on the listed closing date, whichever occurs first.  

We encourage you to read this entire vacancy announcement prior to submitting your application.

As a General Attorney, GS-0905-13/14, you will be responsible for:

  • Providing legal advice to the Office of Special Education and Rehabilitative Services and the Office of Special Education Programs on the statutory and regulatory requirements of the Individuals with Disabilities Education Act, including assessing legal risk and developing legally supportable strategies.
  • Independently preparing written legal advice and providing oral legal advice in response to questions raised internally, and from outside of the Department, on the interpretation of applicable law, including statutes, regulations, and federal and state court cases. For example, this may include responding to questions from Congress or representing the Department of Education in an engagement with the U.S. Government Accountability Office related to the Individuals with Disabilities Education Act.
  • Representing the Department in all aspects of administrative proceedings and collaborating with the Department of Justice on federal court litigation, including amicus curiae matters and the drafting and/or reviewing of briefs, motions, memoranda, or other filings.
  • Performing other duties as assigned.

The duties above are at the GS-13 level. The GS-14 level will have more complexity and less supervision.

Salary
  • $117,962 - $181,216/year
Conditions of Employment
  • Relocation will not be paid.
  • You may be subject to serve a one-year probationary period.
  • Males 18 and over must be registered with the Selective Service.
  • Must be a US Citizen

You must meet all qualification requirements within 30 days of the closing date of this vacancy announcement.

Experience refers to paid and unpaid experience, including volunteer work done through National Service programs (e.g., Peace Corps, AmeriCorps) and other organizations (e.g., professional; philanthropic; religious; spiritual; community, student, social). Volunteer work helps build critical competencies, knowledge, and skills, and can provide valuable training and experience that translates directly to paid employment. We will consider all qualifying experience, including any volunteer experience.

Conditions of Employment

TELEWORK ELIGIBILITY:

  • You may be eligible for occasional telework in which you are required to report to the office on a regular basis. Participation must be requested and approved by the supervisor and there must be a signed telework agreement. The number of telework days approved is determined by the agency policy, emergency situations, the approval of your immediate supervisor. You must have access to high speed internet and cell phone service meeting current Agency policy from the approved work location.  

Qualifications

Minimum Qualification Requirements for GS-13:

1. You must be a graduate from a law school accredited by the American Bar Association,

AND

2. Proof of admission to the Bar of the highest court of a state, territory, the District of Columbia, or the Commonwealth of Puerto Rico; and current membership in such Bar as would permit the practice of law. You must be a member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar,

AND

3. 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, 

OR

Has two years professional legal experience, at least one of the two 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 two years professional legal experience, at least one of the two 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:

  1. Academic standing in the upper third of the law school graduating class.
  2. Work or achievement of significance on his/her law school’s official law review.
  3. Special high-level honors for academic excellence in law school, such as election to the Order of the Coif.
  4. Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools.
  5. 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).
  6. Significant summer law office clerk experience after beginning law school.
  7. 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-13:

One year of experience in either federal or non-federal service that is equivalent to at least a GS-12 performing two (2) out of three (3) of the following duties or work assignments.

  1. Experience independently preparing written legal advice on the interpretation of the Individuals with Disabilities Education Act, including the statute, regulations, policy, and/or related federal or state court cases that identify the issues, distinguish relevant from irrelevant facts, and make judgments as to strategy and approach.
  2. Experience engaging in administrative litigation-related activities, including three or more of the following activities: drafting pleadings and/or responses; creating the agency record; identifying, locating, contacting, and preparing witnesses; locating and compiling documentary support for the case; negotiating with the parties as appropriate; conducting direct and/or cross-examination at hearings; presenting legal arguments; and/or preparing written motions, briefs, and other documents as required.
  3. Experience providing oral legal advice on the Individuals with Disabilities Education Act, including briefings on legal issues and options, or making presentations on legal issues involving the Individuals with Disabilities Education Act.

Minimum Qualification Requirements for GS-14:

1. You must be a graduate from a law school accredited by the American Bar Association,

AND

2. Proof of admission to the Bar of the highest court of a state, territory, the District of Columbia, or the Commonwealth of Puerto Rico; and current membership in such Bar as would permit the practice of law. You must be a member in good standing of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico bar,

AND

3. 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:

  1. Academic standing in the upper third of the law school graduating class.
  2. Work or achievement of significance on his/her law school’s official law review.
  3. Special high-level honors for academic excellence in law school, such as election to the Order of the Coif.
  4. Winning of a moot court competition or membership on the moot court team that represents the law school in competition with other law schools.
  5. 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).
  6. Significant summer law office clerk experience after beginning law school.
  7. 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:

  1. Experience serving as a lead attorney in preparing written legal advice on the interpretation of the Individuals with Disabilities Education Act, including the statute, regulations, policy, and/or related federal or state court cases that identify the issues, distinguish relevant from irrelevant facts, and make judgments as to strategy and approach.
  2. Experience serving as a lead attorney in administrative litigation-related activities, including three or more of the following activities: drafting pleadings and/or responses; creating the agency record; identifying, locating, contacting, and preparing witnesses; locating and compiling documentary support for the case; negotiating with the parties as appropriate; conducting direct and/or cross-examination at hearings; presenting legal arguments; and/or preparing written motions, briefs, and other documents as required.
  3. Experience independently providing oral legal advice on the Individuals with Disabilities Education Act, participating in briefing ED leadership on legal issues and options, or making presentations on complex legal issues involving the Individuals with Disabilities Education Act.
Education Foreign Education: Education completed in foreign colleges or universities may be used to meet education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to provide such evidence when applying. If you are using foreign education to meet qualification requirements, you must submit a Certificate of Foreign Equivalency with your transcript in order to receive credit for that education. For further information, please click Foreign Education. Other 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 sro_recruiting@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: This position is included in the bargaining unit.

Selections: Agencies have broad authority under law to hire from any appropriate source of eligibles and may fill a vacancy in the competitive service by any method authorized. We may make additional selections from this vacancy announcement within 90 days from the date the selection certificates are issued, should vacancies occur. We may also share selection certificates amongst program offices across the agency.

Required Documents

You must submit (REQUIRED FOR ALL APPLICANTS):

1. A resume demonstrating your education, experience, training, and accomplishments as it relates to the qualification for the position

2. Interest letter

3. Bar card

4. Writing sample

5. Transcript if you have graduated from a law school less than 5 years ago 

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. 

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

How to Apply

Step 1: Create a USAJOBS account (if you do not already have one) at www.usajobs.gov.

Step 2: Create a resume using the USAJOBS resume builder or upload a resume into your USAJOBS account. Ensure that your resume demonstrates your education, experience, training, and accomplishments as it relates to the qualifications for this position and substantiates your responses to the occupational questionnaire.

Step 3: Upload any required documents into your USAJOBS account (must be less than 3MB and in one of the following document formats: GIF, JPG, JPEG, PNG, RTF, PDF, or Word (DOC or DOCX)).

Step 4: Click "Apply Online" and follow the prompts to complete the occupational questionnaire and attach any required documents. Verify that uploaded documents from USAJOBS transfer into the agency's hiring system. You will have the opportunity to upload any additional required documents in the agency's hiring system. Click “Finish” to submit your application.   

NOTE: You may update your application or required documents at any time while the announcement is open by logging into your USAJOBS account, clicking on "Application Status," clicking on the position title, clicking "Update Application,” and following the prompts.

In order to receive consideration for this position, you must submit your complete application, including all required documents, by 11:59 PM Eastern Time on the closing date of the vacancy announcement. If the vacancy announcement has an application limit, we recommend that you submit your complete application at the time of initial application. We will not accept any required documentation after the closing date of the vacancy announcement.  

If you have any questions regarding submitting your application, please contact the HR Specialist listed under the Agency Contact Information.

Benefits

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Learn more about federal benefits.

As an ED employee, you will also benefit from our family-friendly work environment. As part of our commitment to maintain a productive balance between work and home, we offer excused leave for Parent/Teacher Conferences (3 hours); excused leave for annual health screenings (4 hours); and matching leave for community volunteer service. Other flexibilities that may be available to you include telework and alternative work schedules. You may be eligible to receive a recruitment incentive for this position. To receive this incentive payment, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon. You may be eligible to receive a relocation incentive for this position. To receive this incentive payment, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon. You may be eligible to participate in the Student Loan Repayment Program as a recruitment incentive for this position. To receive student loan repayments, you will be required to sign a service agreement obligating you to remain with the U.S. Department of Education for a specified period as agreed upon.

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.



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