Associate General Counsel - DESE

Job description: Associate General Counsel

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 reports to a Senior Associate 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 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;

· provide guidance on Open Meeting Law matters;

· provide guidance on employment law matters;

· represent DESE before administrative agencies in employment law matters, including the MCAD and the EEOC;

· 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;

· 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;

· 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;

· 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 include 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

This is a hybrid, full-time position based at the Department of Elementary and Secondary Education in Everett, MA. This position is currently expected to work in-person three days per week.

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;

· res