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General Description:
The Texas Higher Education Coordinating Board (Coordinating Board) is seeking an attorney to join its quest to change the future of Texans and Texas through the power of higher education. The Coordinating Board provides leadership and coordination across Texas colleges and universities. As part of its mission, the Coordinating Board collects and analyzes data to provide institutions of higher education with the tools to best serve their students. The agency uses financial resources and data-driven tools to drive improvement of individual student achievement and economic performance across the state.
This position reports to, and works closely with, the General Counsel to provide superb legal counsel and work product to the Commissioner of Higher Education and the Coordinating Board staff. This position will focus heavily on drafting and reviewing agency rules to implement legislation and assist in conducting rule reviews required by the Administrative Procedure Act (APA), as well as reviewing institution of higher education policies and training for compliance with federal and state law, including Title VI, Title VII, Title IX, and Texas Education Code 51.3525.
Other duties may include assisting the agency with records retention policies and guidance; assisting with drafting and reviewing grants and contracts; drafting and reviewing data sharing agreements; and interpreting statutes, case law, rules, and regulations. The successful candidate will have excellent attention to detail, be able to manage multiple deadlines on a tight timeframe and have a demonstrated record of success working with moderate supervision on highly complex matters.
General Duties and Responsibilities:
Drafts, reviews, interprets, and applies agency rules.
Reviews training and policies created by institutions of higher education for compliance with Title VI, Title VII, Title IX, and Texas Education Code 51.3525.
Provides advice and counsel to agency staff on legal matters and on the interpretation and application of agency policies, rules, and state and federal laws.
Researches and analyzes legal sources such as statutes, case law, administrative records, Attorney General Opinions, Ethics Commission Opinions, legislative histories, and various articles, rules, and regulations.
Participates in drafting, developing, reviewing, and negotiating contracts.
Develops and updates contract and solicitation templates and additional contract forms/guidance, interprets contractual provisions, and provides advice on all facets of contract and grant (state and federal) issues.
Drafts, reviews, and negotiates Memoranda of Understanding and Interagency Contracts with other state agencies.
Prepares and reviews legal documents such as pleadings, motions, briefs, opinions, position statements, proposed legislation, proposed rules, and other legal memoranda.
Prepares and reviews position statements and other correspondence with state and federal agencies, including the Texas Workforce Commission Civil Rights Division and the Equal Employment Opportunity Commission.
Reviews and prepares responses to public information requests and legal briefing. May serve as the Public Information Coordinator.
Coordinates with internal and external teams regarding legal research and work or other project issues, including those affecting agency operations and administration.
Assists with representing the agency in pre-trial, trial, and appellate phases of lawsuits, including drafting motions, briefs, and discovery documents and preparing witnesses for deposition and trial, and coordinates with outside counsel as needed to representthe agencys interests.
Performs other work as assigned.
Knowledge, Skills, and Abilities:
Knowledge of administrative law.
Knowledge of Title VI, Title VII, and Title IX.
Knowledge of Texas Education Code provisions applicable to institutions of higher education.
Knowledge of the Family Educational Rights and Privacy Act (FERPA).
Knowledge of data privacy laws and principles.
Knowledge of the Texas Public Information Act and other open government law.
Knowledge of state government contract law, state and federal grant law, and commercial laws.
Knowledge of laws, regulations, and rules governing the Coordinating Board.
Knowledge of litigation processes and of legal principles, practices, and proceedings.
Skill in legal research, legal and business writing, and legal analysis.
Skill in using personal computers, general office software, databases, and online legal research services and software.
Skill in negotiation.
Skill in interpersonal communications.
Ability to prepare legal documents, including legal briefs, pleadings, motions, administrative rules, proposed legislation, and contracts and grant agreements.
Ability to conduct research, to interpret and apply laws, and to summarize findings.
Ability to successfully manage multiple projects, tasks, and priorities.
Ability to establish and maintain effective working relationships both internally and externally.
Ability to communicate effectively orally and in writing.
Ability to obtain and maintain knowledge of all pertinent laws, rules, regulations, and procedures.
Military Crosswalk:Military Crosswalk for Occupational Category - Legal
Qualifications: Required Minimum Education and Experience:
Graduation from an accredited law school with a Juris Doctor (J.D.) degree.
Three (3) years full-time experience as a licensed, practicing attorney.
Registration, Certification, or Licensure:
License to practice law in the state of Texas and be a member in good standing with the State Bar of Texas.
Preferred:
Experience interpreting and applying federal employment laws.
Experience interpreting and applying Title IX.
Knowledge of data breach, data privacy, and state and federal confidentiality laws, including FERPA.
Knowledge of state laws governing public finance, bond issuance, school finance, and/or student loan programs.
Knowledge of Texas public education and/or higher education law.
Knowledge of Texas procurement laws and rules.
Knowledge of federal laws and regulations affecting grant-making by state agencies using federal funds.
Knowledge of Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights Act.
Knowledge of employment law.
Knowledge and experience in Texas APA rulemaking.
Experience in the areas of state government contract law and state and federal grant law.
Experience applying the Texas Public Information Act and other law relating to open government.
Experience negotiating licenses and working in the areas of copyright and trademark.
Physical Requirements and/or Working Conditions:
Work is performed in a standard office environment and requires:
Regular, reliable, and punctual attendance at work;
Frequent use of personal computer, copiers, printers, and telephones;
Frequent sitting, and
Frequently working under deadlines, as a team member, and in direct contact with others.
Workforce:
Must be able to:
Demonstrate knowledge of cu