SPECIAL EDUCATION ATTORNEY

The State of New Hampshire; Concord (NH); On-site; USD 51,000 - 70,000; Full time

Job summary

The State of New Hampshire is seeking a Special Education Attorney to serve as legal counsel to the Department of Education on all special education topics, including oversight of related programs. The role requires an active New Hampshire Bar and substantial experience in education law.

Responsibilities include advising commissioners and staff on complex matters, supporting audits and enforcement actions, and drafting legal documents and legislative materials.

Qualifications

• Requires extensive experience in law and knowledge of special education law.
• Active NH Bar in good standing required.
• Experience in advising on state/federal education law preferred.

Responsibilities

• Provide legal advice to the NH Department of Education on special education compliance and policy.
• Advise leadership on complex, high‑risk special education matters.
• Support audits, investigations, and enforcement related to special education.
• Draft legal memoranda, opinions, and legislative/rulemaking materials.
• Assist with training and outreach on special education law for staff and stakeholders.

Skills

Legal counsel

Special education law

Job description

Special Education Attorney

Job ID: 53920

Position #: 8T3398

Salary: $37.22/hour - $51.07/hour

Employment Type: Full-time

Hours per Week: 37.5 hours

Renewal: This position is subject to renewal every two years.

Location: 25 Hall Street, Concord, NH 03301

Summary:

Acts as legal counsel to the Department of Education regarding all special education related topics including oversight of the special education.

YOUR EXPERIENCE COUNTS: Each additional year of approved formal education may be substituted for one year of required work experience and/or each additional year of approved work experience may be substituted for one year of required formal education.

MINIMUM QUALIFICATIONS:

Equivalent combination of 12.5 years of education and experience after completion of high school. Must include at least 5.5 years of experience in the practice of law, with 2+ years experience in the area of special education or education law.

License/Certification: Valid driver’s license or access to transportation for use in statewide travel

Other Requirements: Must be an active member of the New Hampshire Bar Association and in Good Standing

Trainee Option: Not Applicable

PREFERRED QUALIFICATIONS: None

AFTER-HIRE REQUIREMENTS: None

CAREER ADVANCEMENT OPPORTUNITIES: None

In-Band Advancement Available: Yes No

Broad Group Level Advancement Available: Yes No

DISCLAIMERS:

The supplemental job description lists the essential functions of the position and is not intended to include every job duty and responsibility specific to the position. An employee may be required to perform other related duties not listed on the supplemental job description provided that such duties are characteristic of that job title.

When applicable, the work of an employee in trainee status in this position shall be overseen by a fully qualified individual. An employee in trainee status shall meet the minimum qualifications within the period of time specified on the SJD, not to exceed one year of being hired into this position.

Responsibilities:

DETAILED TASKS (STANDARD): None

DETAILED TASKS (AGENCY/POSITION-SPECIFIC):

Provides legal advice and counsel to the New Hampshire Department of Education regarding the interpretation, implementation, administration, and enforcement of state and federal laws, regulations, administrative rules, and requirements related to special education, including IDEA, Section 504, the ADA, RSA 186-C, and related requirements.

Advises the Commissioner, Deputy Commissioner, Division of Learner Support Director, Bureau Administrator for Special Education Support, and other Department leadership and staff on complex, sensitive, or high-risk legal matters involving special education.

Provides legal advice and oversight related to state and federal audits, monitoring activities, compliance reviews, investigations, findings of noncompliance, corrective action plans, and enforcement activities involving special education programs and services and recommends process improvements, program development management controls, improved transparency and program efficiency.

Provides legal guidance regarding special education complaints, mediation, due process proceedings, administrative hearings, appeals, litigation, and other dispute resolution matters, and coordinates with the New Hampshire Department of Justice as appropriate on such matters.

Provides legal support for legislative and rulemaking activities related to special education, including drafting and reviewing legislation, fiscal notes, administrative rules, testimony, legislative analyses, and other materials, and attending legislative hearings, committee meetings, and rulemaking proceedings. Testifies before the Joint Legislative Committee on Administrative Rules and the State Board of Education relating to special education rulemaking.

Leads the development, revision, and implementation of Department policies, procedures, administrative rules, guidance documents, technical assistance materials, forms, and other resources related to special education, including revisions to the New Hampshire Standards for the Education of Students with Disabilities.

Advises the Department regarding new legislation, federal guidance, administrative decisions, court decisions, and other legal developments affecting special education and the educational rights of students with disabilities, and evaluates their potential impact on Department programs and responsibilities.

Provides legal advice regarding state and federal special education funding, approved public and nonpublic special education programs and providers, contracts, agreements, reimbursement programs, and other fiscal or programmatic matters related to the administration of special education.

Develops and conducts legal training, technical assistance, and outreach regarding special education laws and requirements for Department staff, local educational agencies, school officials, the State Board of Education, school attorneys, state agencies, and other stakeholders.

Drafts legal memoranda, opinions, correspondence, agreements, policies, and other legal documents; participates in relevant local, state, and national task forces and workgroups; maintains expertise in developments in special education law; and performs other related legal duties as assigned.

For further information please contact Richard Sala, Deputy Commissioner, [e-mail].

*TOTAL COMPENSATION INFORMATION

The State of NH total compensation package features an outstanding set of employee benefits, including:

HMO or POS Medical and Prescription Drug Benefits:

The actual value of State-paid health benefits and the amount of employee health benefit contributions may vary depending on the type of plan selected and the bargaining unit with which a position is associated.

See this link for details on State-paid health benefits:

https://www.das.nh.gov/hr/benefits.aspx

Value of State's share of Employee's Retirement: 12.87% of pay

Other Benefits:

• Dental Plan at minimal cost for employees and their families ($500-$1800 value)
• Flexible Spending healthcare and childcare reimbursement accounts
• State defined benefit retirement plan and Deferred Compensation 457(b) plan
• Work/life balance flexible schedules, paid holidays and generous leave plan
• $50,000 state-paid life insurance plus additional low-cost group life insurance
• Incentive-based Wellness Program (ability to earn up to $500)

Total Compensation Statement Worksheet:

https://www.das.nh.gov/jobsearch/compensation-calculator.aspx

EOE

TDD Access: Relay NH1-800-735-2964