Licensure Counsel I

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System Requirements

MINIMUM ENTRANCE REQUIREMENTS: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.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Comprehensive Benefits

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An Equal Opportunity / Affirmative Action 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 dont meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.

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Firstconsiderationwillbegiventothoseapplicantsthatapplywithinthefirst14days.

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. We seek teammates 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 (BESE) Commissioner and DESE staff on issues of education law policy and administration; works with the Attorney Generals Office on litigation; and oversees the Office of Professional Practice Investigations (OPPI).The Legal Office works together with all policy units to implement DESEs Educational Vision ( which provides:

Our educational vision document describes the Department of Elementary and Secondary Educations 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; that values and affirms each and every student and their families; and that creates equitable opportunities and experiences for all students particularly those who have been historically underserved.

The Licensure Counsel Iposition in the Legal Office will join the OPPI team of lawyers and investigators who investigate alleged misconduct by applicants for licensure and willprosecute these cases in administrative adjudicatory hearings negotiate settlements and carry out other related duties.

The Licensure CounselIreports toa LicensureCounselIIIand works closely with theDeputy General Counsel and theAssociate Commissioner of Investigations. The Licensure CounselIinvestigates 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 Commissioners designee including the Division of Administrative Law Appeals. The Licensure CounselIalsoassistsin providing guidance to school and district leaders in the areas of student protection and educator development consistent withDESE regulations and applicable federal and state laws.

The selected candidate will perform the following duties:

• in conjunction with the Associate Commissioner of Investigations and the OPPI team 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; 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 ortheirdesignee 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 andDESE in adjudicatory hearings before the Commissioner ortheirdesignee 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 presentingDESEs an informed and competent manner: present the relevant evidence and testimony; effectively advocate; and draft pleadings motions and memoranda;

• collaborate with colleagues to formulate recommendations for the Commissionerregardingpolicies legislative changes and regulatory changes; make recommendations concerning best professional practices to protect students and to evaluate and investigate educator misconduct;

• manage caseloadwithappropriate supervisionin an efficient and effective manner appropriately prioritizingworkand meeting deadlines;

• meet regularly with other Legal Office and OPPIstaff;

• provide recommendations on the course of action to be takenwith regard tolicensure matters to the General Counsel or her designee;

• assistin 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 officestheAttorney Generals OfficetheMassachusetts Department of Children and FamiliestheMassachusetts State PolicetheMassachusetts Office of Inspector General andtheOffice of State AuditortheU.S. Department of EducationtheFederal Bureau of Investigations (FBI) and the Internal Revenue Service (IRS);

• perform other duties as assigned; and

• Based on assignment travel throughout the Commonwealth isrequiredfor investigative interviews court appearances and other court and investigative matters.

Preferred Qualifications

The qualified candidate willpossess:

• one (1)or more yearsof experience practicing law;

• excellent analytical legal research and writing skills;

• experience in the practice of lawideallyincludingsomeexperience withadministrative adjudicatory hearingsprosecutingand trying criminal casesorlicense revocation cases;

• strong interpersonal skills including ability toestablishrapport motivate andmaintainpositive and productive relationships with colleagues and clients from diverse backgrounds;

• ability to understand apply and explainto non-lawyersthe provisions of the laws rules regulations policies procedures specifications standardsand guidelines governing educator misconduct investigations;

• ability to process and assimilate detailedfactual informationpresented orally or in writing;

• ability to understand the context for and implications of individual licensure matterandtoexercise sound judgment;

• excellent communication skills orally and in writing including ability towrite and present clear detailed reportsasrequired;

• 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 manageassignedtasks and meet deadlines;

• ability to work with confidential information andmaintainthe highest level of confidentiality;

• ability to effectively manage caseload of licensure matterswhile balancing multiple and competing priorities;

• generalknowledge of state and federal education laws and the culture organizationand structures of public schools and districts; and

• strong computer skills and fluency with Microsoft Word.

Please include a cover letter and resume with your onlineapplication.

Questionsregardingthis posting or the application process should be referred to Maureen OBrien@

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-personthreedays per week. Travel around Massachusetts mayberequired.