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Assistant Counsel, NS (Management/Confidential)

The New York State Education Department’s (NYSED) Office of Education Policy is seeking candidates for an Assistant Counsel position in the Office of Bilingual Education and World Languages (OBEWL). This Office provides guidance, technical assistance, and support to New York State Districts, Charter Schools, Religious and Independent Schools, educational organizations, and the public in the development of programs for English Language Learners (ELLs) and other Multilingual Learners (MLs) including World Language students. Under the general direction of the Associate Commissioner of Bilingual Education and World Languages, the incumbent will conduct and direct investigations of districts and schools, including continued monitoring and management of Compliance Action Plans, to ensure that they are providing students with the necessary supports to receive equitable access to their education as required by civil rights law while also supervising and monitoring the work of OBEWL staff.  Duties of this position include, but are not limited to, the following:

  • Review and analyze existing federal law, State law, case law, NYSED Commissioner Regulations, and US Department of Education and NYSED guidance that pertain to English Language Learners to identify key violations within districts and schools that require NYSED intervention;
  • Coordinate work of OBEWL program staff, Information and Reporting Services (IRS), the Office of Accountability, and other NYSED offices to use existing data and information to identify districts that are engaging in inappropriate practices; 
  • Conduct extensive research at the district-level to identify problematic practices and confirm the data and information within the Department; this includes, but is not limited to, on-site monitoring, review of student records and other district documents, coordination with community and advocacy organizations, and meetings with teachers, students, and parents, as necessary;
  • Develop a statewide communication strategy to inform districts about practices that are problematic and could lead to violations and propose possible solutions for districts to avoid identification; the communications strategy will also include oversight of systems that allow parents, teachers, and community members to report concerns to the Department;
  • Coordinate with the Associate Commissioner and the Office of Counsel to identify potential enforcement strategies that the Department may employ in order to bring districts into compliance when violations are found to have occurred;
  • Develop a unique plan of action for each district that has been determined to be out of compliance with legal and regulatory requirements; the plan will outline specific steps to be completed in order to address the violations and if necessary, conduct negotiations with districts to determine the terms of each plan;
  • Oversee OBEWL staff in the delivery of ongoing monitoring of identified and reported districts to ensure improvement in the instruction and support of English Language Learners throughout New York State, and
  • Contribute to the leadership of OBEWL including development of strategy and setting program priorities, supervision of staff, and collaboration with other NYSED offices to support achievement of the priorities of the Commissioner and the Board of Regents.
Minimum Qualifications: 

Candidates must be admitted to the New York State Bar and have at least five years of relevant, post-graduate experience, including progressive responsibility, in addition to significant supervisory experience.

Preferred Qualification: 

Special consideration will be given to candidates who have experience providing legal counsel and/or advocacy to English Language Learners and immigrants.

Conditions of Employment: 

This position is in the exempt jurisdictional class, and the incumbent will serve at the discretion of the Commissioner of Education. This position requires up to 50% Statewide travel. All NYSED employees must be vaccinated against COVID-19 or submit to mandatory weekly COVID-19 testing. Filling of this position is contingent upon Division of the Budget approval.

*Salary will be commensurate with education and experience and be subject to an additional $3,026 Annual Downstate Adjustment.


Recruitment will continue until the position is filled. Qualified candidates should send a resume and letter of interest to (Email submissions are preferred).  You must include the Box number (P12-2136/21247) of the position in the subject line of your email and cover letter to ensure receipt of your application. In order to qualify for the position when you have current or prior New York State employment, you may be contacted by SED Personnel for your social security number to confirm your State employment history.

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

Office Information

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

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