Licensure Counsel II

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), 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 (OPPI). The Legal Office works together with all policy units to implement DESE’s Educational Vision. The Licensure Counsel II position in the Legal Office will join the OPPI team of lawyers and investigators who investigate alleged misconduct by applicants for licensure and licensees. Lawyers will prosecute these cases in administrative adjudicatory hearings, negotiate settlements, and carry out other related duties. The Licensure Counsel reports to the Deputy General Counsel and works closely with the Associate Commissioner of Investigations. The Licensure Counsel investigates alleged misconduct by licensed educators and applicants for a Massachusetts Educator License; evaluates the evidence and circumstances of the alleged misconduct; prepares memoranda regarding relevant facts, applicable law, and disciplinary options; and represents Educator Licensure and OPPI in administrative adjudicatory proceedings before the Commissioner or the Commissioner’s designee, including the Division of Administrative Law Appeals. The Licensure Counsel also assists in providing guidance to school and district leaders in the areas of student protection and educator development, consistent with ESE regulations and applicable federal and state laws.

Requirements

• Juris Doctor (JD) degree
• Admission to the Massachusetts Bar
• At least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Nice To Haves

• Three (3) or more years of experience practicing law
• Excellent analytical, legal research and writing skills
• Successful experience in the practice of law, including experience with some or all of the following: administrative adjudicatory hearings, prosecuting and trying criminal cases, and license revocation cases
• 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 provisions of the laws, rules, regulations, policies, procedures, specifications, standards and guidelines governing educator misconduct investigations
• Ability to process and assimilate detailed factual information presented orally or in writing
• Ability to understand the context for and implications of individual licensure matter, and exercise sound judgment
• Excellent communication skills, orally and in writing, including ability to write and present clear, detailed reports and investigative 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 caseload of licensure matters, including compliance with statutory and regulatory provisions while balancing multiple and competing priorities
• Knowledge of state and federal education laws and the culture, organization and structures of public schools and districts
• Strong computer skills and fluency with Microsoft Word and Excel

Responsibilities

• Investigate and evaluate allegations of misconduct by licensed educators.
• Determine whether an investigatory subpoena is necessary.
• Interview witnesses.
• Gather and review available evidence.
• Research applicable law and consult with relevant experts.
• Coordinate with school districts and law enforcement agencies, investigatory and prosecutorial staff of the Attorney General and District Attorneys’ Offices, and investigators from other jurisdictions and agencies relating to educator discipline.
• Prepare legal memoranda to the Commissioner or his designee outlining recommendations, the underlying reasons for recommendations, the applicable law, and any other relevant details.
• Prepare letters to show cause and notices of probable cause.
• Represent Educator Licensure, OPPI, and ESE in adjudicatory hearings before the Commissioner or his designee, including the Division of Administrative Law Appeals.
• Manage all phases of litigation including determining a reliable and appropriate legal basis and strategy to be used in bringing cases to resolution, determining which evidence and witnesses to present at hearing, preparing witnesses for testifying, researching and drafting motions and other documents related to litigation, negotiating with opposing counsel, and presenting ESE’s case at hearing.
• Present the relevant evidence and testimony in an informed and competent manner.
• Effectively advocate.
• Draft pleadings, motions, and memoranda.
• Collaborate with colleagues to formulate recommendations for the Commissioner regarding policies, legislative changes, and regulatory changes.
• Make recommendations concerning best professional practices to protect students and to evaluate and investigate educator misconduct.
• Manage caseload independently in an efficient and effective manner, appropriately prioritizing work and meeting deadlines.
• Meet regularly with other Legal Office and OPPI legal staff.
• Provide recommendations on the course of action to be taken with regard to licensure matters to the General Counsel or her designee.
• Provide guidance and training for school district leaders and others in educator conduct issues and investigative techniques, and assist in developing materials to guide school districts in investigating incidents of misconduct.
• Represent the Commissioner and General Counsel at statewide and national meetings as needed.
• Communicate and coordinate as necessary with other agencies including various District Attorneys’ offices, Attorney General’s Office, Massachusetts Department of Children and Families, Massachusetts State Police, Massachusetts Office of Inspector General and Office of State Auditor, U.S. Department of Education Inspector General’s Office, Federal Bureau of Investigations (FBI), and the Internal Revenue Service (IRS).
• Perform other duties as assigned by the General Counsel or her designee, or the Commissioner.
• Travel throughout the Commonwealth is required for investigative interviews, court appearances, and other court and investigative matters.

Benefits

• Comprehensive Benefits
• Outstanding suite of employee benefits that add to the overall value of your compensation package
• Work experience that supports you, your loved ones, and your future

What This Job Offers

• Job Type: Full-time
• Career Level: Mid Level