Education Legal Counsel - (Job Number: 240005S4)

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, career-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/ .

This Education Legal Counsel/Counsel II position involves working on a broad range of legal topics relating to K-12 education with an emphasis on improving educational opportunities for students with disabilities and historically underserved students. The Counsel II will provide legal advice to DESE policymakers in complex areas that require examining various statutes, regulations, cases, and guidance documents. The Education Legal Counsel/Counsel II will provide legal advice in connection with complaints received by DESE’s Problem Resolution System Office (PRS), including conducting legal research and legal reviews of PRS decisions. Depending upon DESE’s specific legal needs, at times this position may involve drafting regulations, providing input on proposed legislation, responding to external inquiries, representing DESE in administrative proceedings, 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 and is involved in helping to shape educational policy and practices that directly benefit students across Massachusetts.

The Education Legal Counsel/Counsel II reports to the Deputy General Counsel and works closely with a highly collaborative team of colleagues in the Legal Office focused on improving educational opportunities and experiences of students. The Counsel II directly interacts with leaders 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, career-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 Problem Resolution System, Special Education Planning and Policy, Special Education in Institutional Settings, Approved Special Education Schools, and Public School Monitoring;

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, case law, contracts, interagency agreements, and guidance documents;

Prepare written and oral information, legal memoranda, and other 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, advocacy organizations, and other constituents regarding education laws and policies;

Represent DESE in interagency meetings and negotiations;

Prepare materials and as needed 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;

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:

Three (3) or more years of experience practicing law or in a position requiring membership in the Bar;

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; direct client counseling; 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.

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