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; coordinates arbitrations under the Education Reform Act; 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 includes the Office of Professional Practice Investigations, which investigates allegations of misconduct by licensed educators and pursues revocation or other license limitations in appropriate cases.
The Counsel I position involves administrative law practice focusing particularly on legal work relating to public records, records retention, and data privacy, to assist DESE in carrying out its responsibilities under state and federal law. The work includes legal research and writing; negotiation; public speaking and training; drafting correspondence, regulations, legislation, and advisory opinions; drafting and reviewing contracts and interagency agreements; and collaborating with the Attorney General’s Office on litigation.
The Counsel I reports to the Chief of Litigation/Administrator VII and works closely with other colleagues in the Legal Office. The Counsel I interacts with educators and policymakers throughout DESE.
The selected candidate will perform the following duties:
- 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 under applicable laws, including the public records law and state and federal laws relating to student records;
- Provide legal advice to DESE administrators and staff as they assemble and produce records responsive to specific document requests, efficiently and in timely fashion, consistent with state and federal laws and procedures governing documents in litigation, student records, and public records;
- Review existing systems, including technology-based systems for retrieving records and processing public records requests, and produce or update guidance documents and protocols for efficient storage, retrieval, and review of records by DESE staff, consistent with state and federal law, and provide training to DESE staff on their legal obligations with respect to records;
- Provide legal advice to DESE administrators and staff on state and federal laws governing elementary, secondary, vocational-technical, and adult basic education programs;
- Analyze and interpret legal mandates, policies, and other documents relating to public education and administrative agency practice;
- Draft, review, analyze, and interpret documents including legislation, regulations, contracts, interagency agreements, correspondence, and advisory opinions;
- Communicate and coordinate as needed with officials of other state and federal agencies, school and district leaders, parents, advocacy organizations, and other constituents, particularly on issues relating to public records and student records;
- Prepare materials and provide training to DESE staff and school officials on new legal developments; and
- Perform other duties as assigned.
Based on assignment, travel is 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 .
Preferred Qualifications
The qualified candidate will possess:
- at least one year of full-time, or equivalent part-time, professional experience in the practice of law or in a position requiring membership in the Bar
- excellent analytical and legal research skills
- excellent oral and written communication skills
- strong interpersonal skills and demonstrated ability to work collaboratively with colleagues, managers, and other staff members from diverse backgrounds
- strong organizational skills, including demonstrated ability to manage varied tasks, set priorities, and meet deadlines
- demonstrated thoroughness and dependability in carrying out responsibilities
- familiarity with state and federal education laws, policies, and practices
- familiarity with public records law and administrative law
- high degree of integrity and demonstrated ability to handle confidential matters with discretion
- demonstrated ability to work well independently and to accept and follow direction
- strong computer skills, including facility with Microsoft Office, Microsoft SharePoint, Adobe Acrobat, and other word processing and publishing software
- good judgment.
Qualifications
First consideration will be given to those applicants that apply within the first 14 days.
MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar in good standing and some experience in legal research, legal writing, and legal procedures and processes.
Incumbents are required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.
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.
Want the specifics?
Executive Order #595: As a condition of employment, successful applicants will be required to have received COVID-19 vaccination or an approved exemption as of their start date. Details relating to demonstrating compliance with this requirement will be provided to applicants selected for employment. Applicants who receive an offer of employment who can provide documentation that the vaccine is medically contraindicated or who object to vaccination due to a sincerely held religious belief may make a request for exemption.
An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.
The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don’t meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.