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, Commissioner, and DESE staff on issues of education law, policy, and administration; works with the Attorney General’s Office on litigation; oversees the Office of Professional Practices Investigations; and provides information to school officials, parents and students, and other constituents on the state and federal laws affecting public elementary and secondary schools, vocational-technical education, and adult basic education programs. The Legal Office works together with all policy units to implement DESE’s Educational Vision https://www.doe.mass.edu/commissioner/vision/ .

The Counsel II position involves administrative law practice including legal research and writing; negotiation; public speaking and training; drafting regulations, legislation, and advisory opinions; preparing for and conducting administrative adjudicatory hearings; drafting and reviewing contracts and interagency agreements; and collaborating with the Attorney General's Office on litigation. This position focuses particularly on legal work relating to special education and other programs and services for students with disabilities.

The Counsel II reports to the Deputy General Counsel and works closely with other colleagues in the Legal Office. The Counsel II interacts with educators and policymakers throughout DESE.

The selected candidate will perform the following duties:

Provide legal advice to DESE administrators and staff on state and federal laws governing elementary, secondary, vocational-technical, and adult basic education programs, with a particular focus on special education and other programs and services for students with disabilities;

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 Services, Special Education in Institutional Settings, Approved Special Education Schools, and Public School Monitoring;

Assist DESE in carrying out its public information responsibilities with careful attention to the agency’s legal duties concerning public records, records retention, and data privacy;

Analyze and interpret laws and policies fundamental to education in the Commonwealth, including the Education Reform Act, Student Opportunity Act, Every Student Succeeds Act, Individuals with Disabilities Education Act, and state and federal laws concerning homeless students, students in foster care, and English learners;

Draft, review, analyze, and interpret documents including legislation, regulations, contracts, interagency 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;

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;

Represent DESE in interagency meetings and negotiations;

Prepare materials and provide training to DESE staff and school officials on new legal developments;

Participate in formulating recommendations for the Commissioner regarding policies, legislation, and regulatory changes;

Represent DESE in administrative adjudicatory proceedings, including at the Bureau of Special Education Appeals; and

Perform other duties as assigned by the General Counsel or Deputy General Counsel, or the Commissioner.

Based on assignment, travel may be required.

Please include a cover letter and resume with your online submission.

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

The qualified candidate will possess:

excellent analytical, legal research, and writing skills;

successful experience in the practice of law, including experience with some or all of the

following: state and federal special education law; other laws affecting educational

programs and services; administrative adjudicatory hearings or litigation; negotiation;

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 the laws, rules, regulations, policies, 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;

strong computer skills and fluency with Microsoft Word and Excel.

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.

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