Associate General Counsel

The Education Secretariat is committed to equity and valuing the unique and diverse characteristics and experiences of every member of its workforce. We encourage an authentic workplace where colleagues show up as their full selves, where collaboration, innovation, and connections are key to realizing our mission that all children, youth, and families thrive socially, academically, and economically. We seek teammates who are committed to promoting a diverse and inclusive work environment, where everyone is valued and engaged. We encourage you to apply and identify your strengths in these areas.  

The Legal Office of the Department of Elementary and Secondary Education (DESE) advises the Board of Elementary and Secondary Education (BESE), Commissioner, and DESE staff on issues of education law, policy, and administration; works with the Attorney General’s Office on litigation; and oversees the Office of Professional Practice Investigations.  The Legal Office works together with all policy units to implement DESE’s Educational Vision (https://www.doe.mass.edu/commissioner/vision/), which provides:

Our educational vision document describes the Department of Elementary and Secondary Education’s aspiration – our vision – for elementary and secondary public education and adult basic education in the Commonwealth of Massachusetts. This vision is anchored in our commitment to high-quality teaching and learning in the Commonwealth. We will continue to work with districts, schools, and educators to promote teaching and learning that is antiracist, inclusive, multilingual, and multicultural; that values and affirms each and every student and their families; and that creates equitable opportunities and experiences for all students, particularly those who have been historically underserved.

The work of the Associate General Counsel in the Legal Office involves administrative law practice including legal research and writing; client counseling; problem solving; negotiation; public speaking and training; drafting regulations, legislation, and advisory opinions; preparing for and representing DESE at administrative adjudicatory hearings; drafting and reviewing contracts and interagency agreements; and collaborating with the Attorney General's Office on litigation. The Associate General Counsel in this position will focus primarily on laws and regulations relating to education of students with disabilities.

The Associate General Counsel reports to a Deputy General Counsel and works closely with other colleagues in the Legal Office.

The selected candidate will perform the following duties:

·       provide legal advice to the Commissioner, BESE, and DESE administrators and staff in connection with implementing and enforcing state and federal laws governing public elementary, secondary, career-technical, and adult basic education programs;

·       analyze legal requirements relating to special education and other regulated programs and provide legal counsel to DESE’s offices of Special Education Planning and Policy, Problem Resolution System, Special Education in Institutional Settings, Approved Special Education Schools, and Public School Monitoring;

·       represent DESE before the Bureau of Special Education Appeals;

·       analyze legal requirements and provide legal counsel relating to other education-related laws, including but not limited to state and federal laws concerning homeless students, students in foster care, and LEA assignment issues;

·       analyze legal requirements and provide legal counsel relating to public records, data-sharing and privacy;

·       draft, review, analyze, and interpret documents including legislation, regulations, contracts, inter-agency agreements, and advisory opinions;

·       prepare written and oral information, legal memoranda, and advisory opinions for DESE administrators and staff and local school officials concerning their duties under state and federal laws, with a focus on state and federal laws affecting the education of students with disabilities;

·       communicate and coordinate as needed with officials of other state and federal agencies, school and district leaders, parents, advocacy organizations, and other constituents regarding education laws and policies affecting students with disabilities;

·       coordinate and manage strategy relating to the application and enforcement of laws governing public elementary, secondary, career-technical, and adult basic education in Massachusetts, including working in collaboration with the Attorney General’s Office in representing the Commissioner and DESE in litigation;

·       represent DESE in interagency meetings;

·       prepare materials and provide training to DESE staff and school officials;

·       participate in preparing recommendations for the Commissioner regarding policies, legislative changes, and regulatory changes; and

·       perform other duties as assigned by the General Counsel or Senior Deputy General Counsel, or the Commissioner.

Based on assignment, travel may be required.

Please submit a cover letter and resume with your online application.

** Questions regarding this posting or the application process should be referred to   

 Maureen O’Brien at maureen.t.o’brien@mass.gov or 781-338-6107.

Preferred Qualifications:

·       admitted to the Massachusetts Bar as a member in good standing and eligible to practice law in the Commonwealth of Massachusetts;

·       excellent analytical, legal research, and writing skills;

·       excellent analytical, legal research, and writing skills;

·       respect for diversity and awareness of cultural competency;

·       exemplary ethical standards; 

·       successful experience in the practice of law, including familiarity with some or all of the following: state and federal education laws, laws and regulations affecting educational programs and services for students with disabilities;

·       successful experience with administrative adjudicatory hearings and litigation, including negotiating resolution when appropriate;

·       strong interpersonal skills, including ability to establish rapport, motivate, and maintain positive and productive relationships with colleagues and clients from diverse backgrounds;

·       ability to understand, apply, and explain laws, regulations, policies, procedures, standards, and guidelines governing education programs;

·       ability to process and assimilate detailed factual information presented orally or in writing;

·       ability to exercise sound judgment;

·       excellent communication skills, orally and in writing, including ability to write and present clear, appropriately detailed memoranda and documentation as required;

·       ability to strategize and work with others to solve problems;

·       ability to handle matters with mature judgment and discretion;

·       strong organizational skills, including ability to manage complex tasks and meet deadlines;

·       ability to work with confidential information and maintain the highest level of confidentiality;

·       ability to effectively manage a varied caseload while balancing multiple and competing priorities;

·       knowledge of the organization and structures of public schools and districts;

·       knowledge of DESE’s Educational Vision; and

·       strong computer skills and fluency with Microsoft Word and Excel.

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have at least (A) five (5) years of full-time or, equivalent part-time, professional, administrative, supervisory, or managerial experience in a particular specialty (i.e. scientific, professional, or technical) and must possess current license and/or registration requirements established for the performance of the position, of which (B) at least one (1) year must have been in a project management, supervisory or managerial capacity or (C) any equivalent combination of the required experience and substitutions below.

Substitutions:

I. A certificate in a relevant or related field may be substituted for one (1) year of the required (A) experience.

II. A Bachelor's degree in a related field may be substituted for two (2) years of the required (A) experience.

III. A Graduate degree in a related field may be substituted for three (3) years of the (A) required experience.

IV. A Doctorate degree in a related field may be substituted for four (4) years of the (A) required experience.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics? Explore our Employee Benefits and Rewards!

An Equal Opportunity / Affirmative Action Employer.  Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law.  Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements.  We encourage individuals who believe they have the skills necessary to thrive to apply for this role.