Staff Attorney, Special Education

DESCRIPTION 

Under general supervision, the staff attorney for special education represents the Howard County Public School System in matters related to the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 at mediation conferences, resolution sessions, and due process hearings. The staff attorney also supports schools by attending Individualized Education Program (IEP) team meetings, participating in case conferences, and providing information regarding IDEA and Section 504.  The staff attorney provides professional development to ensure compliance with special education law and regulations in conjunction with the Department of Special Education. The staff attorney may represent the school system in student-related administrative matters, including student discipline, residency, and kindergarten admission. The staff attorney provides a variety of legal services as directed by the General Counsel and Assistant General Counsel.  The staff attorney will support the school system’s mission by providing high-quality legal support to schools and staff as well as ensuring the provision of legally required services.   

MINIMUM QUALIFICATIONS 

Applicants must meet all qualifications below to be considered for the vacancy. 

Education: 

• Juris Doctor (J.D.) degree from an accredited law school.  

Certification/Licensure: 

• Admission to the Maryland Bar. 

Experience: 

• Three (3) years of experience practicing law.   

• One (1) year experience in special education law, education law, or administrative law. 

PREFERRED QUALIFICATIONS 

The ideal candidate for this role will also possess a combination of the additional qualifications below. If you don’t meet every one of the preferred qualifications, we still encourage you to apply, as we welcome applications from candidates with diverse backgrounds and experiences. 

• At least one (1) year of experience in handling administrative appeals, preferably special education due process matters.   

ESSENTIAL POSITION RESPONSIBILITIES 

The below list is a summary of the functions of the job, not an exhaustive or comprehensive list of all possible job responsibilities, tasks, and duties. 

• Representation of the school system at mediation conferences, resolution sessions, and/or due process hearings regarding IDEA complaints.  

• Evaluate cases and when appropriate, negotiate settlement agreements, and consider requests for expert and attorney’s fees. 

• Provide legal advice regarding IDEA to school-based members of the IEP team and participate in IEP team meetings as directed by the General Counsel or as requested by the Department of Special Education.   

• Participate and provide professional development regarding compliance requirements of IDEA, COMAR, and case law through the Department of Special Education and to individual schools, as requested.  

• Review statutory amendments, regulations, judicial decisions, and federal and state agency decisions to keep staff current on recent changes in obligations to students under IDEA. 

• Respond to complaints, correspondence and questions regarding special education and Section 504 issues, conduct legal research on issues, formulate legal opinions, and provide advice. 

• Represent the Superintendent at administrative hearings and perform other duties as assigned. 

ESSENTIAL KNOWLEDGE, SKILLS, AND ABILITIES 

The below list is a summary of the knowledge, skills, and abilities required for success in this position, not an exhaustive or comprehensive list.  

Knowledge   

• Special Education Law & Regulations: Comprehensive knowledge of the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and federal/state education codes.  

• Due Process & Dispute Resolution: Deep understanding of the legal frameworks governing administrative hearings, mediations, resolution sessions, and state complaint procedures.  

• Compliance Standards: Thorough knowledge of procedural safeguards, Individualized Education Program (IEP) compliance, and legally defensible student programming.  

• Educational Policy: Knowledge of how to structure public school policies and guidelines that align with shifting statutory and case law requirements.  

Skills   

• Litigation & Advocacy: Skilled in representing organizations in formal legal proceedings, including delivering opening/closing statements, direct and cross-examination, and negotiating settlement agreements.  

• Legal Writing & Analysis: Exceptional ability to draft legally sound policies, contracts, settlement agreements, legal briefs, and formal guidance documents.  

• Conflict De-escalation: Strong proactive dispute resolution and conflict prevention skills to mitigate legal risks before they escalate to due process.  

• Instructional Design: Skilled in translating complex legal mandates into digestible, practical professional learning modules and training for non-legal staff.  

Abilities   

• Collaborative Partnership: Ability to work effectively across distinct departments (such as the Office of General Counsel and the Special Education Department) to balance legal risk management with student-centered outcomes.  

• Strategic Problem Solving: Ability to analyze complex, high-stakes student programming issues and provide practical, legally sound counsel under tight deadlines.  

• Communication: Ability to explain intricate legal concepts clearly and empathetically to diverse audiences, including teachers, school administrators, and parents.  

• Objective Judgment: Ability to maintain professional objectivity, confidentiality, and integrity when handling sensitive or adversarial student and system matters. 

ADDITIONAL REQUIREMENTS  

Working Hours 

• The position may occasionally be required to work evening hours due to hearing schedules and the office of administrative hearing requirements. 

APPLICATION REQUIREMENTS 

Complete applications must be submitted, and once your application has been submitted, you will not be able to add documentation or make any changes. Incomplete applications will not be considered.  Resumes will not be accepted in lieu of a completed application.  
 
Supplemental Application Questions 

This position requires applicants to provide responses to the below supplemental application questions to determine whether you meet the minimum and preferred qualifications. Please upload your responses in a separate file to the supplemental application questions section of the application. 

1. Describe your experience in the practice of law as an attorney in court, administrative proceedings, and trials, to include at least three (3) years of experience providing full-time or regular legal representation to a Maryland governmental entity. Please include the jurisdictions and core practice areas where you gained this experience (table format preferred).  

2. Describe your professional experience practicing law in employment and school settings.   

3. Describe your professional experience advising executive leadership and governing bodies.  

4. Describe your experience managing complex legal matters and litigation.   

5. Describe your experience interpreting Maryland public school laws and the bylaws of the Maryland State Board of Education. If you do not have direct experience with Maryland public school laws, detail your experience interpreting complex statutory frameworks for another public entity. 

SELECTION CRITERIA 

Applicants who meet the minimum qualifications will be included in further evaluation. Interviews will be limited to those applicants who, in addition to meeting the basic requirements, have experience and education which most closely match the position qualifications and the needs of the school system.  

Applicants may be required to complete a skills assessment prior to or during the interview process. 

EMPLOYMENT INFORMATION 

Compensation 

This is a 12-month per year position in the Executive employee unit. The minimum starting salary for this position is $120,000–$135,000 annually. Actual salary placement will be in accordance with the salary procedures of the Howard County Public School System which considers relevant prior experience. Under the Fair Labor Standards Act, this position is exempt from overtime.   

Telework Program 

This position requires work onsite and is also eligible for a telework schedule. Telework schedules will be determined by the department and/or supervisor. Telework will be subject to approval and based on the needs of the department and the school system.  

Retirement 

Membership in the Maryland State Retirement Agency (MSRA) pension plan is a mandatory condition of employment for all employees who meet the eligibility and membership criteria defined in the State Personnel and Pensions Article and the Code of Maryland Regulations (COMAR). A qualifying employee cannot reject membership, nor can an ineligible employee elect membership. The annual contribution to the pension plan will be 7% of an employee’s annual salary.  

Benefits 

HCPSS offers a comprehensive benefits package for eligible employees. Information about additional benefits such as paid time off can be found in the negotiated agreement for employees in this bargaining unit.