] Office of Human Resources - Montgomery County Public Schools

OFFICE OF HUMAN RESOURCES AND DEVELOPMENT → CLASSIFICATION → LEGAL DIRECTOR

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Legal Director

MONTGOMERY COUNTY PUBLIC SCHOOLS CLASS DESCRIPTION
OFFICIAL TITLE: Legal Director CODE: 0492 SQ/OQ: Not Applicable
WORKING TITLE: Legal Director GRADE: Q MONTHS: 12
SUMMARY DESCRIPTION OF CLASSIFICATION: Under the direction of the General Counsel, leads work in various practice areas; supervises assistant general counsel and supporting staff members; provides oversight, guidance and supervision of assistant general counsel as well as other office staff. Assists in the development and implementation of the departmental strategic plan aligned with the school system's strategic plan, reviews and supports the Office of the General Counsel work plans. Serves as legal advisor; supports and provides updates and recommendations to general counsel. Collaborates with stakeholders, supports the implementation of a positive work environment and has high expectations for achievement. This position is responsible for planning, developing, implementing, managing, and administering legal services for one or more of the principal legal functions of the Office of the General Counsel, such as operations and litigation, employment, student civil rights, special education, procurement and contracts, and land use. Depending on the assigned legal function, major responsibilities include managing litigation or other legal projects assigned to outside counsel for Montgomery County Public Schools (MCPS) counsel and providing consultation with such counsel; representing the Board of Education of Montgomery County in federal or state courts or in administrative hearings; participating in or handling litigation cases as required; conducting settlement negotiations; drafting opinions and providing opinions and advice on a daily basis; and providing in-service training for staff, as requested. Proactively anticipates legal issues relevant to decision making, and identifies legal matters with significant policy or administrative implications. Supports and assists in the review of key initiatives by the Board and the school district, and offers advice on legal opportunities to promote equity and excellence in the district¿s work, as well as continued enhancements to promote organizational and operational excellence.
MINIMUM QUALIFICATION STANDARDS
KNOWLEDGE, SKILLS, AND ABILITIES: Thorough knowledge of legal principles and their application, and expertise in one or more of the following areas of legal practice: education law including student rights, special education, civil rights, development of policies and regulations, employment law, litigation, procurement, land use, local government, tort and/or contract law. Demonstrated organizational skills and experience in assessing, interpreting, and resolving complex problems/situations. Ability to communicate effectively orally and in writing, as well as excellent skills in legal research and in presenting, explaining, and defending policies and procedures. Thorough understanding of public school operations and knowledge of legal research and case law that may impact the school system. Excellent skills in managing litigation in state or federal courts or before administrative agencies; negotiating settlements which accommodate conflicting interests and viewpoints; and in presenting, explaining, and defending policies, procedures, and legal issues, both orally and in writing. Ability to develop and maintain strong working relationships with MCPS employees and managers at all levels, as well as external attorneys and law firms, parents, government leaders, and community stakeholders. Ability to interact with diverse constituencies and convey complicated information with tact and diplomacy. Ability to multi-task, prioritizes changing assignments, and organize busy work load, meet deadlines, and work well under pressure, while exercising excellent attention to detail.
EDUCATION, TRAINING, AND EXPERIENCE: Possession of a juris doctorate degree from an accredited school of law. Minimum of eight (8) years of experience in the practice of law preferred, including recent progressively more responsible professional experience in educational and public litigation and administrative law, preferably in the public sector, as well as experience in one or more of the legal practice areas of the Office of General Counsel, such as special education, employment, policy development, student rights, and/or contracts and procurement. Experience in settlement negotiations preferred. Documented experience with management and supervisory responsibilities, preferably in a legal setting. Other combinations of applicable education, training, and experience which provide the knowledge, abilities, and skills necessary to perform effectively in the position may be considered.
CERTIFICATE AND LICENSE REQUIREMENTS: Membership in or eligible for the Maryland State Bar.
PHYSICAL DEMANDS: (Special requirements such as lifting heavy objects and frequent climbing.) None
SPECIAL REQUIREMENTS: (Frequent overtime or night work required, etc.) Ability to work evenings and weekends as needed.
OVERTIME ELIGIBLE: No

EXAMPLES OF DUTIES AND RESPONSIBILITIES:

Note: (Incumbents may perform any combination of the essential functions shown below. This position description is not intended to be an exhaustive list of all duties, knowledge, or ability associated with this classification, but is intended to accurately reflect the core job elements.)

Plans, develops, implements, coordinates, administers, and monitors a program of legal services for one of the principal legal functions of the Office of the General Counsel, such as operations and litigation, employment, student civil rights, special education, procurement and contracts, and land use.

Manages litigation and other legal projects assigned to outside MCPS counsel and serves as the liaison with such counsel to coordinate their activities in a cost-effective manner.

Provides legal advice and counsel to MCPS administrators and employees on a wide variety of matters, including but not limited to legal matters related to operations and litigation, employment, student civil rights, special education, procurement and contracts, and land use.

Represents the school district in federal or state courts or in administrative hearings by participating in or handling litigation cases as required.

Represents the interests of the school system in negotiating between parties in certain settlements, the conduct of trial and hearings at the level of original jurisdiction or on appeal; and other court or hearing appearances. Drafts opinions and provides such opinions and advice on a daily basis.

Reviews and/or prepares pleadings, trial, and appellate briefs. Conducts research of legal questions and issues, interpreting laws, rulings, and regulations and drafting legal opinions, policies, and other legal position papers which promote the interests of the school system.

Confers with MCPS administrators and employees and provides legal advice on a wide variety of matters.

Provides advice regarding federal and state legislation of concern to the school system. Provides legal review for regulations, agreements, materials, and other documents.

Proactively anticipates legal issues relevant to decision making. Provides updates on relevant legal decisions or regulations which are likely to impact MCPS policy or practice, any federal or state legislation which may require changes in existing policy or practice, as well as any court or administrative decisions.

Develops and conducts appropriate in-service activities and trainings for staff on education law, legal interpretations and related areas.

Provides supervision, as designated by the General Counsel, for staff in the Office of the General Counsel.

Leads and/or participates in numerous system-wide cross-functional teams to provide legal counsel and expert input.

Provides direct support to school-based staff on legal matters. Understands and applies the principles of the 3 MCPS Professional Growth Systems and performance evaluation for employees.

Participates in training sessions for office staff as needed.

Performs related duties consistent with the scope and intent of the position.

Oversees OGC staffing and budget expenditures and also at the district level by conducting cost-benefit analysis in expenses related to outside counsel and settlements.
Class Established: 5/2019
Date(s) Revised: 3/2020, 5/2020, 1/2023
Last Reviewed:

This description may be changed at any time.