This position is in the Department of Education (ED), Federal Student Aid (FSA), Enforcement Office (EO). The Enforcement Office is responsible and accountable for enforcing laws and rules governing the issuance, receipt and management of federal student aid. The incumbent is an attorney responsible for analyzing and investigating borrower defense claims.
Summary
This position is in the Department of Education (ED), Federal Student Aid (FSA), Enforcement Office (EO). The Enforcement Office is responsible and accountable for enforcing laws and rules governing the issuance, receipt and management of federal student aid. The incumbent is an attorney responsible for analyzing and investigating borrower defense claims.
APPLICATION LIMIT: This vacancy announcement is limited to the first 200 applications received and will close at 11:59 PM Eastern Time on the day that we receive the 200th 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.
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 Attorney Advisor, GS-0905-13/14 FPL 14 (Excepted Service), GS-0905-13, you will be responsible for:
Exercising professional judgment on legal and factual matters relating to analysis, investigation, and adjudication of borrower defense claims or analysis and recommendations related to investigations.
Devising and implementing strategies to investigate, analyze, and decide borrower defense claims, or recommend actions on investigations while working independently on projects of routine and moderate complexity and with supervision on more complex matters.
Drafting legal memoranda detailing relevant evidence, applicable law, and bases for recommendations regarding alleged acts or omission by schools that may provide a basis for relief under the borrower defense regulation or may provide a basis for administrative actions arising from investigations.
Participating in decision making for borrower defense or investigation matters.
As a Attorney Advisor, GS-0905-13/14 FPL 14 (Excepted Service), GS-0905-14, you will be responsible for:
Exercises sound professional judgment on complex legal and factual matters relating to analysis and investigation of borrower defense claims or analysis and recommendations related to investigations.
Devises and implements strategies to investigate, analyze, and decide borrower defense claims, or recommend actions on investigations, working independently on projects of moderate complexity and with minimal supervision on more complex matters.
With limited supervision, writes legal memoranda detailing relevant evidence, applicable law, and bases for recommendations regarding alleged acts or omission by schools that may provide a basis for relief under the borrower defense regulation or may provide a basis for administrative actions arising from investigations.
With limited supervision, writes legal memoranda detailing relevant evidence, applicable law, and bases for recommendations regarding alleged acts or omission by schools that may provide a basis for relief under the borrower defense regulation or may provide a basis for administrative actions arising from investigations.
As a condition of employment for accepting this position, you may be required to serve a probationary period or trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider: - your performance and conduct;- the needs and interests of the agency;- whether your continued employment would advance organizational goals of the agency or the Government; and- whether your continued employment would advance the efficiency of the Federal service. Upon completion of your probationary period OR trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.
Key Requirements:
Must be a US Citizen.
Males 18 and over must be registered with the Selective Service.
Must complete a Background Investigation and Fingerprint check.
Must be determined suitable for federal employment.
Relocation expenses will not be paid.
You may be subject to serve a one-year probationary period.
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.
Qualifications
Minimum Qualification Requirements GS-13
You must be a graduate from a law school accredited by the American Bar Association,
AND
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
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:
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-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:
Experience in drafting legal analysis and formulating recommendations to senior managers.
Experience in drafting pleadings, briefs, legal memoranda, or other court or administrative documents involving legal issues in civil or criminal litigation or administrative proceedings.
Experience in adjudicating administrative decisions with limited supervision, drafting memoranda, orders, or decisions for judges of deciding officials; conducting civil or criminal litigation or administrative law proceedings with supervision.
Minimum Qualification Requirements for GS-14:
You must be a graduate from a law school accredited by the American Bar Association,
AND
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
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 in performing legal analysis and formulating recommendations to senior managers.
Experience in composing pleadings, briefs, legal memoranda, or other court or administrative documents involving complex legal issues in civil or criminal litigation or administrative proceedings.
Experience in adjudicating administrative decisions, writing final memoranda, orders, or decisions for judges of deciding officials; conducting civil or criminal litigation or administrative law proceedings.
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).
GS-13/14
1. Skill in legal analysis.
2. Skill in strategy formulation, critical thinking, and multi-tasking under pressure.
3. Skill in legal writing and editing.
4. Skill in written and oral communication.
Education
This position has a positive education requirement.
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.
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 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 a financial disclosure.
Bargaining Unit: This 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 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.
Reasonable Accommodation Requests: If you believe you have a disability (i.e., physical or mental), covered by the Rehabilitation Act of 1973 as amended that would interfere with completing the USA Hire Competency Based Assessments, you will be granted the opportunity to request a RA in your online application. Requests for RA for the USA Hire Competency Based Assessments and appropriate supporting documentation for RA must be received prior to starting the USA Hire CompetencyBased Assessments. Decisions on requests for RA are made on a case-by-case basis. If you meet the minimum qualifications of the position, after notification of the adjudication of your request, you will receive an email invitation to complete the USA Hire Competency Based Assessments, based on your adjudication decision. You must complete all assessments within 48 hours of receiving the URL to access the USA Hire Competency Based Assessments if you received the link after the close of the announcement. To determine if you need a RA, please review the Procedures for Requesting a Reasonable Accommodation for Online Assessments. (https://appsupport-usastaffing.opm.gov/hc/en-us/sections/45063131363475-Reasonable-Accommodation-Information)
If you are unable to apply online and would like to request information about the Alternate Application process, please use the contact information at the bottom of this announcement.
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
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. Opens in a new windowLearn 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 work life balance, 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 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.
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.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
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: Attention to Detail, Customer Service, Decision Making, Flexibility, Influencing/Negotiating, Integrity/Honesty, Interpersonal Skills, Learning, Reasoning, Self-Management, Stress Tolerance, and Teamwork
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.
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. Opens in a new windowLearn 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 work life balance, 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 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.
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.
-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.
If you are relying on your education to meet qualification requirements:
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.
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:
Click the Apply Online button.
Answer the questions presented in the application and attach all necessary supporting documentation.
Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
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.
Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
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.
Set aside about one (1) hour 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.
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.
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: Visit https://help.usajobs.gov/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.
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).
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
-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.
If you are relying on your education to meet qualification requirements:
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.
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:
Click the Apply Online button.
Answer the questions presented in the application and attach all necessary supporting documentation.
Click the Submit Application button prior to 11:59 PM (ET) on the announcement closing date.
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.
Access USA Hire using your unique assessment link. Access is granted through your USAJOBS login credentials.
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.
Set aside about one (1) hour 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.
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.
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: Visit https://help.usajobs.gov/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.
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).
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
