Skip to main content

New York State Education Department Logo

Assistant Counsel, NS (Management/Confidential)

The New York State Education Department’s Office of Counsel is seeking applicants for the position of Assistant Counsel. The Assistant Counsel will assist the Department’s Counsel and Deputy Commissioner for Legal Affairs in providing necessary legal services to the Board of Regents, the Commissioner of Education and Department staff. Duties include, but are not limited to, the following:

  • Serve as a member of the Office of Counsel’s management team, which is responsible for the creation and implementation of office policy, oversight of office staff, and the analysis and resolution of the Department’s most complex legal issues;
  • Provide legal advice and counsel to the Board of Regents, Commissioner of Education and high-level Department managers on major educational issues and other priority matters affecting the Department and educational institutions throughout the State. The Counsel relies on the knowledge, skills and experience of the Assistant Counsel to assist Department clients at all levels with minimum supervision;
  • Manage and oversee one or more of the Office of Counsel’s core responsibilities and administrative functions, which may include the Department’s litigation caseload, administrative appeals to the Commissioner of Education, or contracts/memoranda of understanding, including the supervision of staff attorneys in these areas;
  • Provide effective and necessary assistance to the Attorney General (AG) in litigation handled by the AG and providing effective representation in litigation and administrative proceedings handled by the Department’s Office of Counsel;
  • Perform a variety of legal services, with minimal supervision, including legal research, preparing legal briefs, negotiating and preparing legal documents, reviewing and drafting contracts and memoranda of understanding and similar functions;
  • Handle special assignments, serving as the Counsel’s representative, and performing such other managerial responsibilities as the Counsel may direct;
  • Create and review legal assignments, providing or directing appropriate training; directing subordinate staff in the preparation of technically complex, precedent-setting or other difficult casework; assist in the determination of assignment priorities in accordance with organizational needs or timetables; and participating on assigned Office of Counsel functional work teams;
  • Supervise attorneys, make and review legal assignments, and provide or direct appropriate training, and;
  • Prepare and review Commissioner’s decisions in appeals brought under Education Law §§306 and 310, FOIL, and other similar administrative appeal processes.
Minimum Qualifications: 

Candidates must have a J.D. degree, be admitted to the New York State Bar, have at least five (5) years of legal experience, and have excellent analytical and writing skills. Preferred applicants will have experience with civil litigation and/or administrative proceedings, a background in or familiarity with the Education Law, and have managerial and/or supervisory experience or ability.

Conditions of Employment: 

This position is in the exempt jurisdictional class, and the incumbent will serve at the discretion of the Commissioner of Education. Filling of this position is contingent on Division of the Budget approval.

*Salary will be commensurate with education and experience.


Qualified candidates should send a resume and letter of interest to  (Email submissions are preferred).  You must include the Box number (EXEC-37/00109) of the position in the subject line of your email and cover letter to ensure receipt of your application.

Grade Level: 
Negotiating Unit: 
*Salary will be commensurate with education and experience
Box #: 
Email Address: 

Office Information

Office of Human Resources Management
NYS Education Department
89 Washington Avenue, Room 528 EB
Albany, NY 12234
Fax (518) 486-5631

Please like us on Facebook!
An Affirmative Action/Equal Opportunity Employer