Full Time Counsel

Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and some experience in legal research, legal writing, and legal procedures and processes.

We take pride in providing a work experience that supports you, your loved ones, and your future.

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. 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 and where collaboration, innovation, and connections are key to realizing our mission that all children, youth, and families thrive socially, academically, and economically. 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 ( 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; The Licensure Counsel I 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.

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 I also assists in providing guidance to school and district leaders in the areas of student protection and educator development, consistent with DESE regulations and applicable federal and state laws.

research applicable law and consult with relevant experts; and 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 the other designee outlining recommendations, the underlying reasons for recommendations, the applicable law, and any other relevant details;

represent Educator Licensure, OPPI, and DESE in adjudicatory hearings before the Commissioner or the other 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 DESE's case at hearing. and draft pleadings, motions, and memoranda;

collaborate with colleagues to formulate recommendations for the Commissioner regarding policies, legislative changes, and regulatory changes; manage caseload with appropriate supervision in an efficient and effective manner, appropriately prioritizing work and meeting deadlines;

meet regularly with other Legal Office and OPPI staff;

assist in developing materials to guide school districts in investigating incidents of misconduct;

communicate and coordinate as necessary with other agencies including various District Attorneys' offices, the Attorney General's Office, the Massachusetts Department of Children and Families, the Massachusetts State Police, the Massachusetts Office of Inspector General and the Office of State Auditor, the U.Department of Education, the Federal Bureau of Investigations (FBI), and the Internal Revenue Service (IRS);

Based on assignment, travel throughout the Commonwealth is required for investigative interviews, court appearances, and other court and investigative matters.

one (1) or more years of experience practicing law;

excellent analytical, legal research and writing skills;

experience in the practice of law, ideally including some experience with administrative adjudicatory hearings, prosecuting and trying criminal cases, or license revocation cases;

ability to understand, apply, and explain to non-lawyers 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;

excellent communication skills, orally and in writing, including ability to write and present clear, detailed reports as required;

ability to work with confidential information and maintain the highest level of confidentiality;

general 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.

Questions regarding this posting or the application process should be referred to Maureen O'Brien@ maureen.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. Travel around Massachusetts may be required.

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