Staff Counsel for Student Support Services

Lowell Public Schools is a diverse public school district committed to providing equitable high-quality educational opportunities for all students. We serve approximately 14200 students across 28 schools and pride ourselves on strong community partnerships and student-centered decision-making.

Position Summary

The Lowell Public Schools is seeking a knowledgeable and student-focused Staff Counsel for Student Support Services to provide legal counsel and representation on matters related to education and special education Section 504 disability services FOIA Bullying/Harassment Civil Rights and related compliance areas. This position will work collaboratively with district leadership school-based teams and families to ensure adherence to federal and state laws while supporting the implementation of high-quality services for all students. The Staff Counsel for Student Services is responsible for building the systems capacity to develop and implement policies and procedures that ensure a school environment in which student rights and school system responsibilities to provide a safe high quality education for all are respected. Under the direction of the Assistant Superintendent of Student Support Services and in collaboration with the Administrator of Special Education the Counsel provides advice to administrators concerning student service issues with special emphasis on IDEA student discipline and Section 504. The Counsel oversees the systems student discipline program to ensure it meets legal requirements conforms to the policies of the Department of Elementary and Secondary Education and School Committee and contributes to the School Committees goal of a safe and respectful school environment. The Counsel coordinates the systems use of the Law Department on matters related to student services as appropriate to ensure effective case management.

Qualifications

Requirements:

• A Juris Doctor (J.D.) degree from an accredited law school.
• Licensure to practice law in Massachusetts and continued good-standing with the Massachusetts Board of Bar Overseers of the Supreme Judicial Court.
• Strong knowledge of federal and state education and special education laws regulations and case law.
• Minimum of 35 years of experience practicing education law with a strong focus on special education and disability matters.
• Demonstrated knowledge of IDEA Section 504 ADA Chapter 222 and relevant state education laws and regulations.
• Exceptional written and verbal communication skills and ability to work collaboratively manage multiple priorities and respond to time-sensitive matters.
• Ability to motivate and coach others; work independently or as a team player as dictated by the situation; react calmly in difficult situations; solve problems; and follow through on commitments.

• Demonstrated commitment to equity and inclusion in education.

Preferred:

• Experience representing or advising public school districts. Minimum of 3-5 years of experience practicing education and special education law preferably in a school district in Massachusetts or similar the alternative an equal number of years representing parents students and/or agencies in the area of education and/or special education law.
• Prior experience with administrative hearings (for example before the BSEA) mediation or litigation related to special education.
• Familiarity with culturally responsive and family-centered approaches to dispute resolution.
  
  

Key Responsibilities

• Provide senior level legal advice and guidance to administrators departments educators and staff on education and special education issues including student rights eligibility evaluations Individualized Education Programs (IEPs) disciplinary actions and due process procedures.

• Review assess and recommend systems procedures practices and protocols pertaining to student services including but not limited to IDEA Section 504 Bullying Harassment Civil Rights health and safety and discipline for students to ensure that students are receiving appropriate services school safety is maintained and legal responsibilities are met.

• Train and coach Principals Assistant Principals and Student Services and Special Education administrators in order to build administrators capacity to analyze student services issues maintain student safety and make legally sound decisions in an environment of changing legal requirements.

• Represent the district in IEP meetings mediations due process hearings Bureau of Special Education Appeals (BSEA) proceedings and other administrative or court actions as needed and requested.

• Collaborate within the Office of Student Support Services to proactively resolve disputes and foster positive solutions-oriented communication with families.

• Conduct training and workshops on legal issues and developments in the law related to student services.

• Oversee and respond to PRS complaints filed with the Massachusetts Department of Elementary and Secondary Education and monitor corrective action as needed.

• Review and draft contracts service agreements and program proposals related to special education services.
  
  
• Conduct legal research analysis and render opinions briefs and guidance documents and provide counsel on special education laws and regulations.

• Support the district in responding to state and federal monitoring corrective action plans and policy updates.

• Work with outside counsel when appropriate to resolve Special Education matters that are in litigation.

• Work collaboratively with other attorneys administrators educators families and community partners to ensure the delivery of high-quality special education services to all students.

• Serve as the District Records Officer responsible for managing coordinating and responding to all Freedom of Information Act (FOIA) requests ensuring timely accurate and compliant disclosure in accordance with state and federal regulations while collaborating with relevant departments to collect review and produce responsive records.

• Remain current on legal issues related to education and special education.

• Perform investigations or fact-finding inquiries as assigned by the Superintendent.

• Serve on the criminal records review appeal board as needed on an occasional basis.

• Perform other duties as assigned by the Superintendent or designee.

Compensation and Benefits

Competitive salary commensurate with experience in the range of $140000 to $150000 depending on experience and years of practice along with a comprehensive benefits package including health insurance paid leave and retirement benefits in accordance with district policy.

Required Experience:

Staff IC