] Office of Human Resources - Montgomery County Public Schools

OFFICE OF HUMAN RESOURCES AND DEVELOPMENT → CLASSIFICATION → GENERAL COUNSEL

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General Counsel

MONTGOMERY COUNTY PUBLIC SCHOOLS CLASS DESCRIPTION
OFFICIAL TITLE: General Counsel CODE: 0155 SQ/OQ: Not Applicable
WORKING TITLE: General Counsel GRADE: NS MONTHS: 12
SUMMARY DESCRIPTION OF CLASSIFICATION: Serves as the in-house legal counsel for Montgomery County Public Schools (MCPS) and its School Board; oversees strategic litigation and negotiation initiatives to minimize district risk; manages the interpretation of legislation resulting in impact on current policy and/or regulation; oversees contract and/or settlement agreement negotiations.
MINIMUM QUALIFICATION STANDARDS
KNOWLEDGE, SKILLS, AND ABILITIES: Knowledge of public-school operations and applicable education law, special education law, public policy, and case law impacting school districts. Knowledge of local government and education law subspecialties, including employee/student civil rights; federal, state, and local non-discrimination statutes; employment law; FERPA; FOIA; data privacy; student discipline; tort liability, and insurance coverage. Thorough knowledge of federal and state special education laws and regulations and of Individualized Education Program (IEP) procedures. Knowledge of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. Thorough knowledge of state and federal public school laws, Board of Education policies and MCPS regulations. Ability to strategically plan, recommend, and execute policies and programs. Ability to develop effective and collaborative working relationships with the School Board, Superintendent's staff, school-based administrators, central office staff, outside counsel, community agencies, and governmental leaders. Ability to explain and interpret laws, regulations, policies, and rules to individuals and groups to gain compliance, cooperation, and understanding. Proficiency in the use of technology and data compilation for research, analysis, and reporting. Ability to manage the fiscal and human resources necessary to achieve the goals of the department. Ability to supervise and evaluate the work of others. Ability to communicate effectively, both orally and in writing.
EDUCATION, TRAINING, AND EXPERIENCE: Juris Doctorate from an accredited law school. Ten (10) years of experience in public or private practice, with litigation expertise in one or more of the following areas: the Constitution, student rights, education, employment, civil rights, real estate, local government, procurement, contract, or tort law. Experience in contract negotiations and labor relations. Advanced degree(s) beyond the minimum degree requirement in a relevant field may be considered for some experience. Two (2) years of experience providing legal counsel to a Superintendent and School Board preferred.
CERTIFICATE AND LICENSE REQUIREMENTS: Membership in, or eligibility for, the Maryland Bar. Bar membership must be in good standing.
PHYSICAL DEMANDS: (Special requirements such as lifting heavy objects and frequent climbing.) None
SPECIAL REQUIREMENTS: (Frequent overtime or night work required, etc.) Requires the ability to work long hours and manage multiple projects with tight deadlines.
OVERTIME ELIGIBLE: No

EXAMPLES OF DUTIES AND RESPONSIBILITIES:

(The job duties listed are typical examples of the work performed by this job classification. Not all duties assigned are included, nor are all duties listed performed in every office.)

1. Develops and implements short-term and long-term legal program plans that strategically support MCPS vision, mission, goals, and objectives.

2. Provides primary legal counsel to the MCPS Superintendent, School Board, Leadership Team, and other instructional and support staff regarding legal issues, including, but not limited to, employment and personnel issues; student and employee civil rights and statutory protections; local governance matters; fiscal and budgetary issues; student services such as special education, student discipline, custody and parental access disputes; FOIA, FERPA and other confidentiality matters; technology, intellectual property and social media issues; procurement and contracts, tort law and other liability matters.

3. Must be able and willing to litigate.

4. Provides strategic counsel for collective bargaining agreement negotiations.

5. Promotes compliance with federal and state laws; interprets laws, rulings, and regulations; provides advice regarding federal and state legislation of concern to the school system.

6. Coordinates with government relations and other staff to develop and revise legislation, policies, and regulations which promote the interests of the school system.

7. Provides advice regarding the school system's current policy positions.

8. Reviews and provides legal clearance for regulations, agreements, materials, and other documents submitted to the School Board and MCPS staff as necessary.

9. Oversees the operating budget for the department and negotiates fees.

10. Interfaces with opposing counsel and other government attorneys in regard to litigation, investigations and other matters.

11. Represents superintendent and staff in administrative hearings before fact-finding panels, Equal Employment Opportunity Commission, Civil Service Commission, School Board, and other entities.

12. Reviews case management and proceeds with action as necessary to defend or initiate legal action.

13. Ensures professional training program development to address legal issues impacting MCPS policies and procedures.

14. Performs related duties as required or assigned.
Class Established: 7/2013
Date(s) Revised: 1/2020, 11/2024
Last Reviewed:

This description may be changed at any time.