ASSISTANT COUNSEL OGC OPERATIONS - 72061

Executive Service

This position is designed as a hybrid with regularly scheduled in office days and meetings at the Tennessee Department of Education, 710 James Robertson Parkway Nashville, TN 37243

Who we are and what we do:

Department of Education Vision: We will set all students on a path to success.

Priorities: Academics: All Tennessee students will have access to a high-quality education, no matter where they live.

Student Readiness: Tennessee public schools will be equipped to serve the academic and non-academic needs of all students. *

Educators: Tennessee will set a new path for the education profession and be the top state to become and remain a teacher and leader.

How you make a difference in this role:

The assistant counsel for operations position is a member of the office of general counsel (OGC) and helps provide support and legal advice to the Commissioner of Education, Tennessee Department of Education (TDOE) personnel, and the State Special Schools. The assistant counsel provides proactive and strategic legal support to ensure the TDOEs activities conform to all federal and state law and rules and Department of Human Resources (DOHR) policies. More specifically, this position will support operational program areas including coordinated school health and school nutrition.

Job Overview:

The assistant counsel is expected to advise on day-to-day operations, policy and rule interpretation, contracting and procurement matters aligned to these operational programs. In addition, the position is expected to advise on public records requests and legislative analysis related to assigned program areas. This position will be expected to speak at conferences, conventions, and workshops across the state for local education agencies (LEAs) and state education and child-focused organizations regarding education law when requested by the general counsel.

Key Responsibilities:

Essential Functions

• Coordinated School Health: Provide day-to-day legal advice on student safety and emergency operations, pupil transportation, school mental health services, and school nursing/health services; review policies and guidance; advise on privacy and data-sharing issues (e.g., student records and health information considerations) and accessibility/ADA issues related to services and transportation.
• School Nutrition: Advise on federal and state regulatory requirements, monitoring and compliance activities, waivers, and related contracting/procurement for child nutrition programs; review program communications and guidance for legal sufficiency.
• Contracts, Procurements, and Grants: Assist in the draft, review, and negotiation of contracts, MOUs, amendments, SOWs, and grant documents supporting the TDOEs workstreams; ensure alignment with applicable state and federal procurement rules and policies.
• Policy, Rulemaking, and Guidance: Interpret statutes and rules; draft and review internal/external guidance documents, state board of education rules and policies, and internal business procedures for assigned program areas to ensure clarity and legal soundness.
• General Legal Support: The assistant counsel will provide legal support and consultation to the OGC and other relevant departments within the TDOE. This includes assisting with legal research, drafting legal documents, and providing legal advice on a wide range of issues.
• Trainings: Deliver trainings for TDOE staff, LEAs, and stakeholders on assigned legal topics.
• External Communication: The assistant counsel will assist in communicating TDOEs position on matters of education law to parents, school officials, and other stakeholders and assist the TDOE communications team by providing legal support related to the Tennessee Open Records statute.
• Legislative Support: The assistant counsel will assist TDOE and the OGC in conducting legislative analysis of education related bills introduced by the General Assembly.

Minimum Qualifications:

Active license to practice law in Tennessee

Pursuant to the State of Tennessee's Workplace Discrimination and Harassment policy, the State is firmly committed to the principle of fair and equal employment opportunities for its citizens and strives to protect the rights and opportunities of all people to seek, obtain, and hold employment without being subjected to illegal discrimination and harassment in the workplace. It is the State's policy to provide an environment free of discrimination and harassment of an individual because of that person's race, color, national origin, age (40 and over), sex, pregnancy, religion, creed, disability, veteran's status or any other category protected by state and/or federal civil rights laws.