Associate General Counsel - DESE

Commonwealth of Massachusetts•Everett, MA

2d•Hybrid

About The Position

The Legal Office of the Department of Elementary and Secondary Education (DESE) advises the Board of Elementary and Secondary Education (BESE), the Commissioner, and DESE staff on education law, policy, and administration; works with the Attorney General’s Office on litigation; and oversees the Office of Professional Practice Investigations. The office works with DESE policy units to implement the Department’s Educational Vision, centered on high-quality teaching and learning and promoting antiracist, inclusive, multilingual, and multicultural education that values students and families and creates equitable opportunities, particularly for historically underserved students. The Associate General Counsel practices administrative law, 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 Legal Office colleagues. This is a hybrid, full-time position based at DESE in Everett, Massachusetts, currently expected to work in person three days per week. Travel may be required based on assignment. Applicants should include a cover letter and resume with their online application. Questions about the posting or application process may be directed to Maureen O’Brien at maureen.t.o’[email protected].

Requirements

Meet the minimum entrance requirements: at least five years of full-time or equivalent part-time professional, administrative, supervisory, or managerial experience in business administration, business management, public administration, public management, clinical administration, or clinical management, including at least one year in a project management, supervisory, or managerial capacity; or an equivalent combination of experience and permitted substitutions.
Demonstrate excellent analytical, legal research, and writing skills.
Demonstrate respect for diversity and awareness of cultural competency, and maintain exemplary ethical standards.
Have successful experience practicing law, including familiarity with some or all of the listed state and federal education laws and laws and regulations affecting educational programs and services for students with disabilities.
Have successful experience with administrative adjudicatory hearings and litigation, including negotiating resolution when appropriate.
Have strong interpersonal skills and the ability to establish rapport, motivate, and maintain productive relationships with colleagues and clients from diverse backgrounds.
Be able to understand, apply, and explain laws, regulations, policies, procedures, standards, and guidelines governing education programs.
Be able to process and assimilate detailed factual information presented orally or in writing and exercise sound judgment.
Have excellent oral and written communication skills, including the ability to write and present clear, appropriately detailed memoranda and documentation.
Be able to strategize and work with others to solve problems, and handle matters with mature judgment and discretion.
Have strong organizational skills, including the ability to manage complex tasks and meet deadlines.
Be able to work with confidential information and maintain the highest level of confidentiality.
Be able to effectively manage a varied caseload while balancing multiple and competing priorities.
Have knowledge of the organization and structures of public schools and districts and knowledge of DESE’s Educational Vision.
Have strong computer skills and fluency with Microsoft Word and Excel.
The minimum experience requirement permits substitution of a relevant certificate for one year, a related bachelor’s degree for two years, a related graduate degree for three years, or a related doctorate for four years of the required experience.

Nice To Haves

Admission to the Massachusetts Bar in good standing and eligibility to practice law in the Commonwealth of Massachusetts.

Responsibilities

Provide legal advice to the Commissioner, BESE, and DESE administrators and staff concerning implementation and enforcement of state and federal laws governing public elementary, secondary, career-technical, and adult basic education programs.
Analyze legal requirements and advise on education-related laws, including laws concerning homeless students, students in foster care, and LEA assignment issues.
Analyze legal requirements and advise on public records, data sharing, and privacy.
Draft, review, analyze, and interpret 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.
Provide guidance on Open Meeting Law and employment law matters.
Represent DESE before administrative agencies in employment law matters, including the MCAD and EEOC.
Communicate and coordinate as needed with other state and federal agency officials, school and district leaders, parents, advocacy organizations, and other constituents regarding education laws.
Coordinate and manage strategy concerning application and enforcement of laws governing public elementary, secondary, career-technical, and adult basic education in Massachusetts, including collaborating with the Attorney General’s Office in litigation involving the Commissioner and DESE.
Represent DESE in interagency meetings.
Prepare materials and provide training to DESE staff and school officials.
Participate in preparing recommendations for the Commissioner concerning policy, legislative, and regulatory changes.
Analyze legal requirements concerning special education and other regulated programs and advise 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.
Perform other duties as assigned by the General Counsel, Senior Deputy General Counsel, or Commissioner.